Following a legal review of the previous formal procedure for drawing up a monument area statute for the Combahnviertel district, the administration was forced to conclude that there is no provisional monument protection for the proposed statute area. The reason for this is, on the one hand, that the resolution to draw up the statutes of June 28, 2021 was not published as a resolution to draw up the statutes. The announcement of the publication of the draft statutes on January 11, 2023 could not replace this either, as it did not mention the resolution of June 28, 2021.

On the other hand, it cannot be said with certainty whether the resolution of June 28, 2021 - had it been published - could result in provisional protection at all. The NRW Monument Protection Act has only recognized the instrument of provisional protection during the establishment of monument area statutes since its revision in 2022, but not in the version in force at the time of the aforementioned resolution. According to the administration's examination, there is therefore no provisional monument protection in the Combahnviertel and therefore no permit requirements under the Monument Protection Act apply. For the owners of buildings in the Combahnviertel that are already individually registered as monuments in the list of monuments, the obligation to obtain permission naturally remains as before.

The administration will therefore propose to the Bonn City Council to restart the formal procedure with a drafting resolution based on the Monument Protection Act of 2022. As soon as the resolution has been passed and published in the usual manner, the provisional protective effect will take effect. From then on, measures in the Combahnviertel will be subject to a permit requirement under monument law. The provisional protection ceases to apply if the monument area statutes do not come into force within two years.

A more detailed explanation can be found in  statement 231148-02 (opens in a new tab), which will be discussed by the Monument Protection Subcommittee at its meeting on February 14, 2024. The new zoning resolution is currently in the internal administrative coordination process.