Advise, authorize and control
Advise, authorize and control work on buildings and movable objects protected under historic monuments
As the Heritage Code reminds us, the owner of a historic monument is responsible for his property. Any intervention, other than routine maintenance on a classified or registered building or movable object, must be the subject of an application for authorization.
Before any intervention on a historical monument and as soon as the work is planned, it is advisable to contact the Regional Conservation of Historic Monuments (CRMH) as part of its scientific and technical control mission (CST).
This first meeting will bring together the available documentation on the subject, define the qualification of the expected project management and verify the sanitary condition of the building.
Control exercised by the CRMH within the Drac
The purpose of the inspection is to guarantee the conservation of historical monuments classified and inscribed in the best conditions and to allow their transmission to future generations. The MHRC, in conjunction with the other heritage services of the Drac (Udap, SRA), ensures that the interventions, of whatever nature, do not prejudice the interest that justified the protection of the building or the object under the title of historical monuments.
The MHRC must therefore be consulted:
- as soon as work is planned
- in preparatory documentary and technical studies, if prescribed
- prior to application for Work Authorization
- throughout the work, until completion
The preliminary diagnosis
The diagnosis prior to the restoration, carried out by the project manager or a restorer, is the subject of observations and recommendations of the CRMH, to guide the owner in the development of the project of work.
It is from this project that the owner is issued a building permit (for listed monuments) or a work permit (for listed monuments).
The MHRC attaches particular importance to architectural studies that prepare the work.
Application for Work Authorization
Any intervention other than routine maintenance on a listed or inscribed monument must be the subject of a request for authorization addressed to theDepartmental Unit of Architecture and Heritage (Udap) of the department where the protected property is located.
Listed monument
For a listed historical monument, the request for authorization of works is mandatory and formalized by a work authorization. To obtain it, the owner must inform the Udap or the MHRC of his project. He has the obligation to use a qualified project manager (architect with specific training and experience in the field of heritage), ensuring a complete mission of design and monitoring of the work. The work authorization application is a project drafted by the supervisor. The owner completes a form Cerfa "Works on historical monument" and the address, with the project, to the Udap of the department where the protected building is located.
The choice of this prime contractor must be validated by the MHRC, in terms of his skills.
The request for authorization of works is issued by the regional prefect. The time limit for the examination of the application for classification shall be 6 months. It may be extended to 12 months if the application requires a submission to the National Heritage and Architecture Commission (CNPA).
Listed monument
Pursuant to Article L. 621-27 of the Heritage Code, the building listed under the title of historical monuments cannot be the subject of any modification without the prefect of the region having been notified at least four months before (R. 621-60).
Article R421-16 of the Urban Planning Code states that "All work relating to a building or part of a building registered as a historic monument shall be subject to a building permit, with the exception of ordinary maintenance or repair work and work meeting the conditions laid down in section R. 421-8."
Where the planned work is subject to a permit (to build, demolish or develop) or to a prior declaration under the Urban Planning Code, the issuing of the permit or not-opposition to the preliminary declaration will not be possible without the agreement of the prefect of region. Cerfa form "Building permit".
The application for authorization of works is formalised by a building permit (Article R421-16 of the Urban Planning Code) which must be deposited in town hall under the conditions specified in Article R 423-1 et seq. of the Urban Planning Code. Its instruction period is 5 months (article R 523-28 of the Code de l'urbanisme), the application for a permit having to be the subject of the agreement of the regional prefect.
The project management of these works, since they are subject to building permits under the Urban Planning Code, must be entrusted to an architect authorised to the project management (HMO). For private owners, only exterior work involving a modification requires the use of an architect. The use of an architect experienced in the field of heritage is strongly recommended.
In all cases, work on unmanaged inscribed land (garden, land containing archaeological remains, etc.) is subject to declaration made on the form Cerfa "Works on historical monument".
Monitoring and control of work
Scientific and technical control is also exercised during the work. The agents, belonging to one or more of the Drac’s heritage departments, are associated with each site meeting and are kept informed by the contracting authority of the start of the works, their progress and their compliance.
The interview
The maintenance work ("ordinary maintenance and repair work" or "maintenance work and repairs") cover all actions aimed at maintaining the building and its various parts in a state allowing the preservation of its heritage interest. This work is small in scope and does not alter the building’s materials or appearance or layout.
Examples include unstacking, flashing and sealing overhaul, trimming, pruning, re-tooling of roofs, spot replacement of missing components...
All this work is exempt from the authorisations provided for by the Urban Planning Code or the Heritage Code, but must be validated by the Architect of Buildings of France (Udap).
Financing the work
The restoration of a historic monument may result in state subsidies, but this does not constitute a right. It is recommended that the project leader (community, association or individual) contact the Drac upstream, before the request for authorization of work. Form Cerfa grant application "Works on historical monument".
Eligible projects
State grants are for restoration, maintenance or studies.
The work of comfort, accessibility, fit-up and upgrading cannot, among other things, be subsidized.
Condition of subsidizing
In order to receive a subsidy, the project must not have started.
Moreover, the Decree no. 2018-514 of 25 June 2018 on State subsidies for investment projects provides that "D12 months from the estimated date of completion of the project mentioned in the award decision […], each beneficiary shall send to the competent authority:
- A declaration of completion of the operation accompanied by a final statement of expenditure actually incurred;
- A list of the public aid received and their respective amounts.
In the absence of receipt of such documents by the competent authority at the end of that 12-month period, no payment may be made to the beneficiary or beneficiaries."
Criminal and administrative sanctions
In the event of an infringement of the legislation relating to the protection of historic monuments, in particular in the case of works carried out without the prior agreement of the CRMH, the owner incurs administrative and criminal proceedings.
To find out more
- Protecting Buildings Built or Not Built
- Intervene on registered buildings
- Intervene in classified buildings
- Work on classified or registered movable objects
- Intervene on classified or registered organs
- Perform work in the vicinity of a monument
- Complete work at a remarkable heritage site
Aids and procedures
The "Historical monuments" approach on the site My steps
- Application for protection of historic buildings or movable objects (including organs)
- Request for work and grants on historic monuments (buildings, furniture, organs)
- Assistance to the contracting authority for works on protected buildings or movable objects
- Studies and works on historical monuments
- Installation of scaffold tarpaulins with signage when working on a listed building
Forms and documents to download
- Application for authorization of works and application for grant "Works on historical monument". Deer #15459*01
- Information notice for application for grant for works/ studies on historical monument. Deer #52041#01
- Application for the award of the label "Architecture contemporaine remarquable". Cerfa n°15853*01
- Application file for "Building permits". Deer #13409*06
The procession of movable objects
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