Regional conservation of historic monuments
PROTECT, PRESERVE, RESTORE A HISTORIC MONUMENT BUILDING
Any building - building, kiosk, park or garden, archaeological site… - may be protected as historical monuments if it is of historical or artistic interest justifying its conservation or preservation, in application of the Heritage Code.
Protective measures are of two types :
- The classification as historical monuments:
immovables the conservation of which presents, from the point of view of history or art, " a public interest » may be classified as historical monuments in whole or in part, by ministerial decree or decree in the Council of State.
- Inscription as historical monuments:
Immovables or parts of immovables which present from the point of view of history or art sufficient interest to make its preservation desirable » may be registered as historical monuments by order of the regional prefect.
THE PROCEDURE FOR PROTECTION
The procedure originates either from an initiative of the Minister of Culture, its services, or the regional prefect, or from a request made by the owner of the building or by a third party with an interest in it (local authorities, associations in particular).
This request is investigated by the Regional Directorate of Cultural Affairs: Regional Conservation of Historical Monuments, or Regional Archaeological Service when it concerns archaeological remains.
On the basis of a preliminary record provided by the applicant, the Permanent delegation of the Regional Heritage and Sites Commission (CRPS) may issue:
- an unfavourable opinion, in support of which the regional prefect notifies the rejection decision;
- an opinion favourable to the submission of the application before the plenary committee the CRPS, whose consultation is mandatory. In this case, an in-depth file is established by the training service.
The CRPS is composed of specialized officials, scientists, elected officials and representatives of associations. Chaired by the regional prefect, it issues an opinion on requests or proposals for classification or registration.
The decision of inscription as historical monuments is made by the regional prefect in the form of an order that does not require the consent of the owner.
When the regional prefect decides to continue the procedure for a classification as a historical monument, the dossier shall be submitted to the National Commission for its opinion. The classification decision is taken by the Minister of Culture, in the form of an order that requires the formal agreement of the owner.
In case of disagreement of the owner, the classification can be pronounced only by decree of the Prime Minister after referral to the Council of State.
Where an immovable is threatened with imminent disappearance or alteration, the Minister may make a decision filing body. Upon notification to the owner, all the effects of the classification apply to the building in question for a period of one year. This period allows the administration to continue the normal protection procedure.
The protective measures are made enforceable against the owner, the mayor, and the prefect of department who informs the various administrations concerned, and the third party by their transcription in the land office and their publication in the collection of administrative acts of the regional prefecture as well as in the official journal.
Request for protection via the site mesdemarches.culture.gouv.fr:
Other applications for the promotion of monumental heritage, its protection or works and interventions on historic monuments:
CONSEQUENCES OF PROTECTION
- WORKS
As part of the scientific and technical control of the service of historical monuments any request for repair or restoration work must be preceded by a dialogue upstream with the teaching services of the State, whose objective is to help the owner, public or private, to define the needs necessary for the conservation of the monument and to establish a coherent program of study and/or work for the monument.
This phase of dialogue should allow the owner, contracting authority, to present to the department of historical monuments a study project and/ or work that can be validated and obtain the authorizations required by the regulations, which constitute an essential prerequisite for the grant application.
- on a classified building
The building classified as a historic monument may not be destroyed or moved, even in part, nor be the subject of any restoration, repair or modification work without the authorization of the administrative authority responsible for historic monuments (Code du patrimoine Article L621-9).
The owner is the contracting authority and chooses a qualified architect within the meaning of the heritage code and its companies. This work is carried out under the scientific and technical control of the Historical Monuments Department. (Code du patrimoine Article R621-18, 19, 20, 21, 22, 23, 24)
- on a registered immovable
The inscription under the title of the historical monuments entails for the owner the obligation not to carry out any modification of the building or part of the registered building, without having, four months before, notified the administrative authority of its intention and indicated the work it intends to carry out (Code du Patrimoine Article L621-27 and Article R621-60, 61 and 62)
Where the construction or work envisaged on buildings listed as historic monuments is subject to a building permit, a demolition permit, a development permit or a prior declaration, the decision granting the permit or the decision not toopposition may not take place without the agreement of the administrative authority responsible for historic monuments (Urban Planning Code Article R425-16). The works on the listed buildings are carried out under the scientific and technical control of the State services responsible for historical monuments. (Code du patrimoine Article R621-63 to R621-68)
It is recommended that the owner choose an architect and qualified companies.
- SURROUNDING
A protective perimeter corresponding to a circle with a radius of 500m around the historic monument comes into force as soon as the protective measure intervenes. It is intended to protect the surroundings of the historic monument. Within this perimeter, the Architect of the buildings of France ensures the quality of the projects of work or external development on bare or built buildings and the good insertion of new constructions. His agreement is necessary in case of co-visibility with the monument, his opinion is simple if there is no co-visibility.
This scope can be adapted at the time of the presentation of the file in CRPS or be modified later.
- TAX BENEFITS
100% of the taxable income is deductible from the owner’s share of the works subsidized by the State, without obligation to open to the public.
Other charges are likely to benefit from tax advantages modulated according to the opening to the public. These are specified by the finance law; any additional information can be obtained from the tax department.
Moreover, the law provides for an exemption from transfer duties free of charge (inheritance and donation) for protected buildings open to the public, subject to the signature of an agreement between the State and the heirs doneaires or legatees of the property concerned.
- OWNERSHIP AND USE OF THE HISTORIC MONUMENT
The classified private building or registered building can be freely transferred but the owner must inform the Prefect of the Region -Regional Directorate of Cultural Affairs- within fifteen days (Code du patrimoine Article R621-84).
A classified immovable belonging to a collectivity or to a public establishment may be transferred only after the opinion of the Prefect of the Region -Direction régionale des affaires culturelles- (Code du patrimoine Article R621-52).
The opening to the public is not mandatory.
TO KNOW MORE
Regional Directorate of Cultural Affairs of Provence Alpes Côte d'Azur
Regional conservation of historic monuments
23, boulevard du Roi René
13617 AIX EN PROVENCE cedex
Tel: 04 42 16 19 20
Laws and regulations
Wealth Code :
Book VI – Title 1er
Chapter 2. Local institutions. Article L612-1
Book VI – Title II
Section 1: Classification of buildings. Article L621-1 et seq.
Section 2: Registration of immovables. Article L621-25 et seq.
Section 3: Provisions common to classified and registered buildings. Article L621-29-1 et seq.
Section 4: Provisions relating to buildings attached to classified buildings and buildings located in the field of visibility of classified or registered buildings. Article L621-30
Circular No. 2004-010 of 18 May 2004 on the conditions of application of the Decree of 5 February 1999 on the Regional Heritage and Sites Commission and the examination of certain work authorizations amended by the Decree of 12 February 2004
Circular No. 2004-017 of 6 August 2004 on modified protection perimeters around historic monuments
Documents to be provided for the preparation of the preliminary file
- contact details of the owner or owners, or of the syndic in the case of co-ownership
- building address if different from above
- map of the building in the municipality
- extract from the cadastral plan mentioning the section and delimiting the building
- brief historical record (on the building itself)
- description of the building
- plans and statements of the current state, or where there are no layout diagrams
- some photographs: general views and remarkable elements, exterior and interior (preferably digital images)
- other documentary material available to the applicant: extracts from books, journal articles, addresses of Internet sites, archives, plans and old documents... (reproductions or references)
- note specifying the context and motivations of the request: issues, threats, work projects, etc.
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