Protecting buildings as historic monuments

• The balance of protection
• The conditions of protection
• The protection procedure
• The effects of protection

The balance of protection

On 1^er January 2021, 44,540 buildings are protected as historic monuments, including 14,235 classified buildings and 30,305 listed buildings.

The annual assessment of protection buildings under the title of historical monuments allows to have a state of protection in terms of statistics, typologies, dating, nature of the owners.

The conditions of protection

 Any type ofbuilt-up building (building, work of art, etc.) orunbuilt (park or garden, ornate cave, land containing archaeological remains, etc.) may be fully or partially protected. In some cases, only the most remarkable parts are protected: facade and roofs, staircase, fireplace, decorated room, etc. A same building can be subject to measures of classification or inscription. A regular work of revision of the protections is carried out by the services of the State in charge of the historical monuments.

The protection of historic monuments may concern buildings of any type of architecture (rural, industrial, commercial, etc.) and any time. Thus, the industrial, scientific and technical heritage (factories, buildings and railway structures, etc.) takes an increasingly important place among the protected heritage, just like the heritage of the XIX^e and XX^e centuries. 

However, protection for historic monuments is not intended to apply to the most recent buildings built less than 50 years ago. The protection of historic monuments is, in principle, irreversible and requires sufficient historical hindsight. The more recent and remarkable buildings are therefore destined to receive the label Outstanding contemporary architecture.

The interest historic or artistic of the immovable constitutes the determining criterion of protection. The inscription measure is decided at regional level (decision of the regional prefect after the opinion of the regional committee of heritage and architecture) while the classification is decided at national level (decision of the Minister of Culture after opinion of the National Commission of Heritage and Architecture).

With regard to these criteria and conditions, the heritage value of a building is assessed in particular on the basis of its architectural or artistic quality, authenticity, integrity, rarity, exemplarity, representativeness in relation to a corpus or type.

Protection for historic monuments is not the only protection for buildings of heritage interest.

When the heritage value of a building does not derive from its own characteristics, as a single building, but from its integration into a remarkable urban ensemble (city, village or neighbourhood) protection may be considered under notable heritage sites.

Built-up or undeveloped buildings with a local heritage interest - often referred to as ' small heritage » - are intended to be protected by the local urban plan (PLU). Their protection must be sought from the competent authority (mayor or president of the inter-municipal authority).

The protection procedure

The request for protection under historical monuments may come from the owner of the property, the assignee, or any person having an interest in it (local authority, association for the defence of heritage, etc.). The initiative of a protection can also come from the services of the prefect of region (regional directorate of cultural affairs) or the Minister of Culture (directorate general of heritage and architecture).

Requests for classification or registration of buildings for historical monuments should be addressed to the Regional Prefect (Regional Directorate for Cultural Affairs). They must be accompanied by a description of the building, elements relating to its history and architecture, as well as photographs and graphic documents representing it in its entirety and in its most interesting aspects from the point of view of history or art.

Theregistration under the title of historical monuments is decided by decree of the prefect of region, after opinion of the Regional Heritage and Architecture Commission.

The ranking under the title of historical monuments is decided by order of the Minister of Culture, after notice of the National Heritage and Architecture Commission, preceded by a wish of the Regional Commission for Heritage and Architecture, and in the light of the owner’s agreement. In the absence of agreement of the owner, the classification of a building can be pronounced by decree in the Council of State, but this procedure remains exceptional.

When the conservation of a building of heritage interest is threatened, a filing authority The Minister for Culture may decide on the title of historical monuments. This decision places the property under the classification system for twelve months, giving the State services time to examine the advisability of a final protection decision (registration or classification). This is an exceptional measure.

The effects of protection

The owner is responsible for the conservation of the historic monument that belongs to him. When selling his property, he has the obligation to inform the new buyer of the existence of the easement of classification or registration, and to inform the prefect of region within fifteen days.

Apart from routine maintenance work which is exempt from formalities, theclassified building under the title of historical monuments cannot be destroyed or moved or be the object of works without authorization issued by the regional prefect. Authorized work is performed under the scientific and technical inspection (CSE) State departments responsible for historical monuments, which are carried out from the beginning of the preparatory documentary and technical studies and throughout the work until completion. Responsibility for this work must be entrusted to categories of specialised professionals.

The State may give notice to the defaulting owner to carry out the work which has become indispensable for the preservation of the classified building. In case of inaction of the owner, the prefect of the region can either carry out the works automatically by having the owner bear part of the financing or start an expropriation procedure.

Apart from routine maintenance work, the work on theregistered building are subject, in most cases, to a permit (to construct, demolish or develop) or to a preliminary declaration under the Urban Planning Code. The issuing of the permit or the non-opposition to the preliminary declaration takes place after the agreement of the regional prefect. Authorized work is performed under the scientific and technical inspection State departments responsible for historic monuments which operate throughout the construction process until completion. The project management of these works must be entrusted to an architect as long as they are subject to building permits under the urban planning code. No specific architect qualification requirements are required.

For more information: see Book VI of the Heritage Code (legislative and regulatory part) on www.legifrance.gouv.fr