Regional conservation of historical monuments
PROTECT, PRESERVE, RESTORE A HISTORIC BUILDING
Any building - building, kiosk, park or garden, archaeological site… - may be protected under historic monuments, if it is of historical or artistic interest justifying its conservation or preservation, in accordance with the Heritage Code.
Protection measures are of two types: :
- The classification of historical monuments:
buildings whose conservation presents, from the point of view of history or art, ' a public interest » can be classified as historical monuments in whole or in part, by ministerial decree or decree in the Council of State.
- The inscription under historic monuments:
Buildings or parts of buildings which present from the point of view of history or art sufficient interest to make its preservation desirable » can be inscribed under the title of historical monuments by decree of the prefect of region.
THE PROTECTION PROCEDURE
The procedure derives its origin either from an initiative of the Minister of Culture, his services, or the prefect of region, or from a request made by the owner of the building or by a third party having interest in it (local authorities, associations in particular).
This request is examined by the Regional Directorate of Cultural Affairs: Regional Conservation of Historical Monuments, or Regional Archaeology Service when it comes to archaeological remains.
In view of a preliminary dossier provided by the applicant, the Permanent delegation the Regional Heritage and Sites Commission (CRPS) may issue:
- an unfavourable opinion, in support of which the prefect of the region notifies the decision of rejection;
- a favourable opinion on the presentation of the application to the full committee of the CRPS, whose consultation is mandatory. In this case, an in-depth file is constituted by the training service.
The HPRC 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 for inscription in the title of 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 for historical monuments, the dossier is submitted to the National Commission for Historical Monuments for its opinion. The decision to classify is taken by the Minister of Culture, in the form of an order that requires the formal consent of the owner.
In case of disagreement of the owner, the classification can be pronounced only by decree of the Prime Minister after referral of the Council of State.
When a building is threatened with disappearance or imminent alteration, the Minister may make a decision of filing instance. Upon notification to the owner, all 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 a third by their transcription in the land service and their publication in the collection of administrative acts of the regional prefecture as well as in the official journal.
Application for protection via the website mesdemarches.culture.gouv.fr:
Other requests for the promotion of monumental heritage, its protection or works and interventions on historic monuments:
CONSEQUENCES OF PROTECTION
As part of the scientific and technical inspection from the Historical Monuments Service any request for repair or restoration work must be preceded by an upstream dialogue with the State training services, the objective of which is to assist the owner, 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 must allow the owner, the contracting authority, to present to the service of the historical monuments a project of study and/or work likely to be validated and to obtain the authorizations required by the regulations, which are an essential prerequisite for the grant application.
- on a listed building
The building classified as historical monuments may not be destroyed or moved, even in part, nor be the object of restoration, repair or modification of any kind without the authorization of the administrative authority responsible for historical monuments (Heritage code Article L621-9).
The owner is the contracting authority and chooses a qualified architect within the meaning of the heritage code and his companies. This work is carried out under the scientific and technical control of the Historical Monuments Service. (Heritage code Article R621-18, 19, 20, 21, 22, 23, 24)
- on a registered building
The inscription under the title of historical monuments entails for the owner the obligation not to carry out any modification of the immovable or part of the registered immovable, without having, four months before, notified the administrative authority of its intention and indicated the work it proposes 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 cannot take place without the agreement of the administrative authority responsible for historic monuments (Urban Planning Code Article R425-16). The work on the listed buildings is carried out under the scientific and technical control of the State departments responsible for historic monuments. (Heritage code Article R621-63 to R621-68)
It is recommended that the owner choose an architect and qualified companies.
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 is taken. It is intended to protect the surroundings of the historic monument. Within this perimeter, the Architect of Buildings of France ensures the quality of the projects of works or external development on bare or built buildings and the good insertion of new constructions. Its agreement is necessary in case of co-visibility with the monument, its opinion is simple if there is no co-visibility.
This scope can be adapted at the time of submission of the file in CRPS or be modified later.
- TAX ADVANTAGES
100% of the taxable income is deductible from the owner’s share of the work subsidized by the State, without any obligation to open it to the public.
Other charges are likely to benefit from tax advantages modulated according to the openness to the public. These are specified by the Finance Law; any additional information can be obtained from the tax services of the department.
In addition, the law provides for an exemption from transfer tax free of charge (inheritance and gift) for protected immovables open to the public, subject to the signature of an agreement between the State and the donee heirs or legatees of the property concerned.
- OWNERSHIP AND USE OF THE HISTORIC MONUMENT
The private property classified or the registered building can be transferred freely but the owner must inform the Prefect of Region -Regional Directorate of Cultural Affairs- within fifteen days (Heritage code Article R621-84).
The classified building belonging to a community or a public establishment may be transferred only after the opinion of the Prefect of the Region -Regional Directorate of Cultural Affairs - (Heritage code Article R621-52).
Public access is not mandatory.
CITIES AND COUNTRIES OF ART AND HISTORY
The Cities and Countries of Art and History label was created to develop with local authorities a policy of valorization of heritage.
It is a matter of integrating into the process all the elements that contribute to the identity of a city (the entire built, natural, industrial, maritime heritage as well as the living memory of the inhabitants through their testimonies).
Les cities and countries of art and history have embarked on an action programme with the following objectives:
- present the heritage in all its components,
- make the inhabitants aware of their environment,
- welcoming the tourist public,
- to introduce young people to architecture and urban planning,
- ensure the communication and promotion of heritage for a diverse public,
- to implement a programme by means of certified qualified personnel,
- to develop training measures for local staff, tourist and social mediators and associations.
Cities and countries of art and history form a national network. This network benefits from a national promotion "Let you tell the city, let you tell the country" through leaflets, posters and posters.
To obtain the label, the city signs an agreement with the Ministry of Culture and Communication. It is committed to recruiting a full-time Architecture and Heritage Facilitator and must only use accredited Speaker Guides.
The animator of architecture and heritage associates the guide speakers with all the actions defined in the convention.
The Ministry of Culture and Communication undertakes to make its technical support available to the city for the implementation of this programme as a whole and to allow it to avail itself of its approval for all its actions.
Currently, 7 cities have the label Ville d'art et d'histoire: Briançon, Grasse, Menton, Arles, Martigues, Fréjus and Hyères.
4 countries have the label Pays d'art et d'histoire: Green Provence, the community of agglomerations Ventoux-Comtat Venaissin, the Vallées de la Roya et de la Bévéra and the country Serre-Ponçon Ubaye Durance (S.U.D. / Provence-Alpes-Côte-d'Azur).
The label "remarkable garden", created in 2004 by the Ministry of Culture and Communication with the support of the National Council of Parks and Gardens, aims to recognize and enhance parks and gardens open to the public and well maintained.
This label concerns both old gardens, protected or not under the title of historical monuments, and contemporary gardens. It is a state label, granted for 5 years by a decision of the regional prefect after a favourable opinion of a commission chaired by the regional director of cultural affairs, decision revocable and renewable.
The criteria taken into account for the award are composition, integration into the site, presence of remarkable elements, botanical interest, historical interest, quality of communication and documentation, maintenance and management plan.
The advantages of the label are:
- mention in documents distributed by the Ministry of Culture and Communication,
- support for obtaining specific road signs,
- support from the Conseil national des parcs et jardins, the Comité des parcs et jardins de France and the regional association.
The label commits the owners to ensure a regular maintenance of their garden, to open it to the visit at least 40 days in the year and 6h per day, to participate at least in a national operation (Go to the gardens and/or at European Heritage Days), to make available to the public information documents (plan, history, botanical indications) and to affix in a place visible to the public an enamelled plaque repeating the logo of the label «Remarkable garden».
As of January 31, 2021 453 parks and gardens benefit from this label in France, including 46 are located in the Provence-Alpes-Côte-d'Azur region.
These gardens are spread over the six departments of the region and concern gardens of different eras, public or private, of historical interest, landscape, urban, botanical, ethnobotanical, artistic, even playful... They reflect the variety of our gardens, the diversity of approaches and the dynamism of contemporary creation.
FIND OUT MORE
Direction Régionale des Affaires Culturelles de Provence Alpes Côte d'Azur
Regional conservation of historical monuments
23 Boulevard du Roi René
13617 AIX EN PROVENCE cedex
Tel: 04 42 16 19 20
Laws and regulations
Heritage Code :
Book VI – Title 1er
Chapter 2. Local Institutions. Article L612-1
Book VI – Title II
Section 1: Classification of Buildings. Section L621-1 et seq.
Section 2: Registration of Real Property. Section 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 situated in the field of visibility of classified or registered buildings. Article L621-30
Circular no. 2004-010 of 18 May 2004 relating to the conditions of application of the decree of 5 February 1999 relating to the Regional Commission for Heritage and Sites and to the instruction of certain authorizations of work amended by the decree of 12 February 2004
Documents to be provided for the preparation of the preliminary dossier
- contact details of the owner or owners, or the receiver in the case of co-ownership
- building address if different from above
- location plan of the building in the municipality
- extract from the cadastral plan mentioning the section and delineating the building
- brief historical note (on the building itself)
- description of the building
- plans and records of the current state, or failing layout drawings
- some photographs: general views and remarkable elements, exterior and interior (preferably digital images)
- other documentary material available to the applicant: extracts from works, journal articles, website addresses, archives, plans and old figurative documents... (reproductions or references)
- note specifying the context and motivations of the request: issues, threats, work projects, etc.