Authorization to build
A building permit (article 66.1. of the RBVS) must be applied for, in particular:
- for all new construction;
- for any demolition, even partial, of an existing building ;
- for any change of use of a building and for any change in the number of dwellings ;
- for all extensions, elevations and transformations of existing buildings;
- for all other modifications to exterior walls, load-bearing elements and roofs, or to the use of the premises;
- for the installation of cornices, eaves, awnings and similar architectural elements encroaching entirely or partially on the public domain;
- for the construction of wells, water silos, feed silos, manure and slurry pits;
- for cut and fill work, construction and demolition of partition or retaining walls;
- for the installation of tanks for liquid fuels and chemicals or other hazardous substances;
- for the construction of swimming pools, natural pools and ponds;
- pour l’installation d ‘une éolienne de 12 m de haut ou plus;
- for all new public or private roads;
- for all work carried out on the exterior of a building located in the “protected area of communal interest” of the general development plan and on land covered by an “urban planning easement – built environment type” of the special development plan – existing district.
B. A declaration of works (article 66.1. of the RBVS) is required, in particular for:
- minor maintenance work on buildings, including re-roofing, with the exception of the above;
- scaffolding installation;
- installation of a sign or advertisement ;
- installation of a fence, gate or wall;
- construction of a water tank;
- all exterior landscaping work;
- the installation of a solar panel, a wind turbine less than 12 meters high or a heat pump;
- installation of a roof window (e.g. Velux);
- facade renovation, such as painting or energy-efficiency upgrades.
The municipalities, through their general development plans (PAG), must identify and protect buildings of local interest. In order to establish a coherent and consistent protection for all the built heritage, including that which is of particular importance at the communal and local level, the identification of the built heritage worthy of protection has been carried out for the whole of the Grand Duchy, together with the communes, their engineering offices and the National Institute for Architectural Heritage – INPA (formerly the Service des sites et monuments nationaux). In parallel to this vast analysis and the communal protections that follow, the State, through the INPA, has been able to significantly expand the list of objects benefiting from national protection and begin the scientific inventory of built heritage.
Buildings and objects with national protection
For the restoration of protected heritage, namely buildings classified as national cultural heritage or located in a protected area of national interest, the experts of INPA must be requested. At best, INPA’s advice is given at the beginning of the planning of the work.
The buildings classified as national cultural heritage cannot be modified without the authorization of the Minister of Culture. Projects that require modifications by the owners are reviewed by the national INPA and the Cultural Heritage Commission (COPAC), which advise the Minister.
During the works, the owners, their architects and tradesmen are accompanied by INPA experts.
Financial assistance of up to 50% of eligible costs may be granted for the restoration of protected buildings.
Buildings protected as “building to be preserved” in the PAG of Mondorf-les-Bains
Article 129 of the law of 25 February 2022 on cultural heritage:
(1) Without prejudice to the measures applicable to land use planning and municipal planning, the owner of an immovable property which, on the day of the coming into force of this Act, is designated as a building to be preserved by a general development plan of a municipality, shall inform the Minister of any plans to demolish or partially demolish and to convert the building to be preserved, at the latest at the time of the application for a building permit or demolition permit
This information obligation remains in force until the inventory of the architectural heritage for the municipality in which the property is located has been published in accordance with Article 25, paragraph 1.
(2) Once informed, the Minister may, within three months, initiate an individual classification procedure for the real property in question in accordance with the procedure set out in the following sections. After this period, the project is deemed to be approved.
PAG of the commune on Géoportail :
Useful links:
www.inpa.lu
www.inra.lu
www.pch.gouvernement.lu
www.emwelt.lu
