Luxembourg cultural heritage law: archaeology at public expense, criteria under the magnifying glass

The Luxembourg Parliament has approved draft law No. 8435 amending the existing cultural heritage law of 2022. The bill was initiated by the Minister of Culture, Éric Thill, in August 2024 and responds to the need to improve the legal precision and practical applicability of existing provisions.

One of the key changes is a new support measure for the construction sector: from 1 January 2025, the state will fully cover the costs of mandatory archaeological excavations required prior to the start of construction work. Previously, these costs were only 50% covered. In the context of the real estate crisis, this step is intended to reduce the financial burden on developers and increase the predictability of costs.

The changes also concern the classification of objects as part of the national cultural heritage. For the first time, clear objective criteria have been established that must be fulfilled together: these are the authenticity and integrity of the object, its rarity, exemplarity, and the level of preservation. Thus, the possibility of arbitrary or subjective inclusion of objects in protected lists is excluded.

A separate category of objects of cultural interest is introduced for objects that do not fulfil all the requirements but are still of cultural value. This creates an additional level of recognition and may become the basis for their future protection and promotion.

Culture Minister Eric Till praised the measures, emphasising: "With these spot amendments, we are consolidating the achievements of the Cultural Heritage Act and simplifying its implementation in practice. Full funding for archaeological excavations will provide more reliable support for planners and investors. This is an important step towards the effective protection of our cultural heritage without burdening it with unnecessary administrative procedures."