CBM Protection
Two levels of protection
Protection under Historical Monuments is not a label but a legislative measure of public utility based on principles of scientific analysis. The heritage value of a property is assessed by examining a set of historical, artistic, scientific and technical criteria. The concepts of rarity, exemplarity and integrity of goods are taken into account. It comes from the Law of 31 December 1913 on Historical Monuments, now codified in Book VI of the Heritage Code. Protection may relate to buildings or movable objects. French legislation provides for two levels of protection for historic buildings:
- Theregistration under the title of historical monuments (IMH) for buildings that “…are of sufficient historical or art interest to make their preservation desirable…” is done within the regional framework. It is concretized by a decree of the Prefect of Guadeloupe after opinion of the Regional Commission of Heritage and Architecture (CRPA).
- The ranking under the title of historical monuments (CLMH) which concerns buildings …dhave present conservation from the point of view of history or art a public interest.. » is a measure of national recognition taken by order of the Minister of Culture after opinion of the National Commission of Historical Monuments (CNMH). To be submitted to the CNMH for advice, the application must first be validated by RCAP.
The role of the regional heritage commission and of Architecture (CRPA)
The Regional Heritage Commission and of Architecture (CRPA): Composed of qualified persons and representatives of the Ministries of Culture, Environment and chaired by the Prefect, gives an opinion on the proposals for protection, resulting from a thematic census or specific requests. Proposals for protection may originate from the owner – private or public – of a legal person other than the owner – community, association – of the regional Inventory service, Proposals for classification are submitted to the National Commission for Historical Monuments. Generally, these committees meet once a year and a permanent delegation examines applications for protection in advance. Registration decisions are taken by prefectoral decree.
The registration decision may be made without the consent of the owner.
Refusal of classification may force the Minister responsible for culture to initiate the procedure for ex officio classification, which is pronounced by decree of the Prime Minister after the opinion of the Council of State.
Urgent: the filing authority
In the event that the building is threatened with disappearance or imminent alteration, the Minister may make a decision as to whether to file. Once the owner has been notified, all the effects of the classification shall apply to the immovable in question for one year, during which the administration may implement the normal protection procedure.
- The consequences of MH protection
A protective measure ensures the monument of legal devices and technical skills that help ensure its conservation. Thus, a monument or a protected object cannot be transferred (given, sold, bequeathed...) without the Minister responsible for Culture or his representative at the local level being informed. Classified objects cannot be exported. The classified building is not subject to legal servitudes that could cause damage.
The Ministry of Culture and Communication created a logo to indicate to the public the existence of monuments protected under the law of 13 December 1913. The MH plaque affixed to a building thus indicates to the visitor that it is in the presence of a protected monument (CLMH - classified and IMH - inscribed) that is distinguished by its heritage interest and that it is recognized by the State from a historical and/or architectural point of view. Marking a monument with an MH plaque is both a way of valuing it and a way of reminding the public of the community’s interest in it.
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