What is Act of the Czech National Council No. 20 / 1987 Coll.?

Act of the Czech National Council No. 20 / 1987 Coll., on State Heritage Care — Act of the Czech National Council on State Heritage Care.

Is Act of the Czech National Council No. 20 / 1987 Coll. still valid?

Yes, Act of the Czech National Council No. 20 / 1987 Coll. is still valid and effective.

Act of the Czech National Council No. 20 / 1987 Coll. - Act of the Czech National Council on Sta...

Q: When it became Act of the Czech National Council No. 20 / 1987 Coll. effectiveness?

Act of the Czech National Council No. 20 / 1987 Coll. became effective 01.01.1988.

20

THE LAW

Czech National Council

of 30 March 1987

on State Memorial Care

The Czech National Council decided on this law:

ČÁST PRVNÍ

BASIC PROVISIONS

§ 1

Purpose of the law

(1) The State protects cultural monuments as an integral part of the cultural heritage of the people, the testimony of its history, an important environmental factor and irreplaceable wealth of the state. The purpose of the Act is to create all-round conditions for further deepening the political and cultural educational function of the State in the care of cultural monuments, in the preservation, accessibility and appropriate use of them, in order to contribute to the development of culture, art, science and education, the formation of traditions and patriotism, the aesthetic education of workers and thus contribute to the further development of society.

(2) The State's care for cultural monuments (hereinafter referred to as "state conservation") includes the activities, measures and decisions by which the authorities and the professional organisation of state conservation sites (Sections 25 to 32) ensure the conservation, protection, accessibility and appropriate social application of cultural monuments in accordance with social needs. Other public authorities, and other organisations, cooperate in their field of competence with the authorities and professional organisation of state conservation and assist them in the performance of their tasks.

§ 2

Cultural monuments

(1) The Ministry of Culture of the Czech Republic (hereinafter referred to as "the Ministry of Culture ') declares real and movable goods or their sets as cultural monuments under this Act,

(a) which are important evidence of the historical development, lifestyle and environment of society from the earliest times to the present, as manifestations of the creative skills and work of man from various fields of human activity, for their values revolutionary, historical, artistic, scientific and technical,

(b) which are directly related to significant personalities and historical events.

(2) Under the conditions laid down in paragraph 1 (a) or (b), a building which is not a separate object or a set of structures may be declared a cultural monument separately; such a cultural monument is considered a real-estate cultural monument.

(3) A set of items or structures may be declared a cultural monument, even if some of them do not show the characteristics of the cultural monument referred to in paragraph 1.

§ 3

Proclamation of cultural monuments

(1) The Ministry of Culture shall, before declaring a case or a building as a cultural monument, request the expression of the Regional Office and the Regional Office of the Municipality with extended scope, in so far as they have not already received it from those authorities. Archaeological finding (§ 23) declares the Ministry of Culture a cultural monument on the proposal of the Academy of Sciences of the Czech Republic.

(2) The Ministry of Culture shall inform the owner in writing of the application for a declaration of his or her cause or construction as a cultural monument or that he or she intends to declare his or her cause or construction a cultural monument on his or her own initiative and allow him or her to comment on the proposal or initiative.

(3) The owner shall, from the notification referred to in paragraph 2 to the decision of the Ministry of Culture to protect his or her case or the construction from damage, destruction or theft and to notify the Ministry of Culture of any intended change in his or her ownership, administration or use.

(4) In the decision to declare a real estate as a cultural monument, the Ministry of Culture may at the same time state that the explicitly mentioned buildings are not a cultural monument, although the land on which they are established is declared a cultural monument. The Ministry of Culture shall inform in writing of the declaration of the case or construction for the cultural monument of its owner, the Regional Office, the municipal authority of the municipality with extended scope and professional organisation of the State Heritage Care (§ 32) and, in the case of archaeological findings, the Academy of Sciences of the Czech Republic. They shall also be informed if they have not found the grounds for declaring a cause or construction a cultural monument.

(5) Owners of items or structures which, for their exceptional artistic or historical value, could be declared cultural monuments in accordance with the social interest, shall be required to notify the Ministry of Culture, the Regional Office or the Municipal Office of the Municipality with extended scope for their written invitation to the required data on such items or structures and their intended changes, to allow those authorities or the professional organisation of the State Heritage Services to examine those items or structures, or to obtain their scientific documentation.

(6) The details of the declaration of items or buildings as cultural monuments and the means of notification referred to in paragraph 5 shall be laid down in a generally binding law.

§ 4

National cultural monuments

(1) Cultural monuments, which form the most important part of the cultural wealth of the nation, are declared by the Government of the Czech Republic by regulation as national cultural monuments and lay down the conditions for their protection.

(2) The Government of the Czech Republic by regulation lays down the general conditions for the provision of state conservation for national cultural monuments.

§ 5

Monument Reservations

(1) The Government of the Czech Republic may declare the reservation as a whole and lay down the conditions for ensuring its protection. To the extent necessary, these conditions may also apply to property in the territory of the monument reservation which is not cultural monuments.

(2) The Government of the Czech Republic by regulation lays down general conditions for the provision of state historical care in historical reservations.

§ 6

Monument zones

(1) The territory of a local unit or part thereof with a smaller proportion of cultural monuments, historical environments or part of a landscape which has significant cultural values may, after consultation with the Regional Office, declare a general conservation zone and determine the conditions for its protection.

(2) The details of the declaration of conservation zones are laid down in general binding legislation.

§ 6a

Monument Reservations and Monument Zones Protection Plans

(1) The Regional Authority may, after consulting the Ministry of Culture, the zoning authority (1) and the competent municipality as the authorities concerned, issue measures of a general nature for the protection of conservation or conservation zones or parts thereof (hereinafter referred to as the "conservation plan") setting out the means of securing cultural values of the conservation and conservation zones from the point of view of national conservation, and in which it is possible to determine for which property, if not a cultural monument, but which are in the conservation or conservation zone, or for which types of work on them, including planting and felling of timber in public areas (hereinafter referred to as "timber treatment"), the obligation of the owner (administrator, users) is excluded from the requirement of a prior decision or binding opinion pursuant to Article 14 (2).

(2) If, after a protection plan has been issued, it becomes effective for a landmark reservation, a landmark zone or part of a regulatory plan (1), those conditions of the protection plan which are contrary to the regulatory plan shall cease to apply.

(3) The protection plan may be amended if the cultural values of the territory concerned have changed or the way in which they are secured in terms of national conservation. Paragraph 1 shall apply mutatis mutandis to the issue of an amendment to the protection plan.

(4) The professional organisation of the State Monument Care provides the Regional Office with free technical documentation, data and information that serves as the basis for the issue of the protection plan.

(5) Following the entry into force of the protection plan, the Regional Authority shall assess without undue delay whether the grounds for initiating the procedure referred to in Article 17 (4) are given.

(6) The requirements and content of the protection plan are laid down by the Ministry of Culture by implementing legislation.

§ 7

Registration of cultural monuments

(1) Cultural monuments, national cultural monuments, monuments, monument zones, protected zone of real cultural monuments, real national cultural monuments, monuments or monument zones are entered in the Central List of Cultural Monuments of the Czech Republic (hereinafter the "Central List"). The central list shall be maintained by the professional organisation of the State Monument Care.

(2) After the registration of a real-estate cultural monument or a real-estate national cultural monument in the central list provided for in this Act, the professional organisation of the State Heritage Care Agency shall report to the relevant cadastral office the data and, where appropriate, the changes to such data relating to the protection of real estate under this Act entered in the cadastral property register under the cadastral law.

(3) Monumental reservations, the Monument Zone and the Protection Zone of Real-Estate Cultural Monuments, National Monuments, Monuments Reservations or Monuments are held in the Basic Register of Territorial Identification, Addresses and Real Estate as special-purpose Territorial Elements 32).

(4) The data editor of the special-purpose zoning element referred to in paragraph 3 shall be a national heritage care organisation which shall enter the data in the basic register of territorial identification, addresses and real estate immediately upon entry into the central list.

(5) A cultural monument, a cultural monument, a national cultural monument, a monument reservation or a monument zone is maintained in the basic register of territorial identification, addresses and real estate

(a) the identification data which are:

1. a code which is a monument reservation, a monument zone or a protected zone of a real cultural monument, a real national cultural monument, a monument reservation or a monument zone assigned to the basic register of territorial identification, addresses and real estate,

2. the name and registration number of the monument reservation, the monument zone or the protection zone of the real cultural monument, the national cultural monument, the monument reservation or the geographical zone under which they are kept in the central list;

(b) localisation data, which are the boundaries and demarcation points of the conservation, conservation or conservation zones of the cultural heritage, the national cultural heritage, the conservation or conservation zones;

(c) details of links with other territorial elements; and

(d) data on the origin of the protection or the identification of the protection zone, which are:

1. the conservation sites or zones, details of the legal act under which protection was granted;

2. the protected zones of immovable cultural monuments, of immovable national cultural monuments, of a conservation reserve or of a conservation zone, the reference number of the decision or other measure to which the protection zone has been designated and the date of acquisition of its legal power or effectiveness.

(6) The basic register of territorial identification, addresses and real estate shall provide data from the central list on the historical reservation, the monument zone and the protection zone of the cultural monuments, the national cultural monuments, the conservation or conservation zones which are public.

(7) The professional organisation of the State Monument Care will inform of the registration of the cultural monument on the central list, as well as of the abolition of the declaration of the cause or construction for cultural monument (§ 8) of the owner of the cultural monument, the regional authority and the municipal authority of the municipality with extended scope. If it is a cultural monument, it will also inform the building authority (1). The Archaeological Institute of the Academy of Sciences of the Czech Republic will also inform the archaeological findings declared a cultural monument.

(8) The owner of the cultural monument is obliged to notify the professional organisation of the state monument care of any change in ownership (administration, use) of the cultural monument or its relocation. The notification shall be made by the owner of the cultural monument no later than 30 days after the date on which such change took place.

(9) The details of the records of cultural monuments are laid down in general binding legislation.

§ 7a

The Ministry of Culture may decide, at the request of the owner of the building, which was subsequently created on the property already protected as a cultural monument, or by authority, that the building is not a cultural monument.

§ 8

Cancellation of the declaration of a cause or construction as a cultural monument

(1) In the absence of a national cultural monument, the Ministry of Culture may, for exceptionally important reasons, abolish the declaration of a case or a building as a cultural monument at the request of the owner of a cultural monument or an organisation which will demonstrate a legal interest in cancelling the declaration of a cultural monument (hereinafter referred to as the "withdrawal of a declaration ') or on its own initiative.

(2) The Ministry of Culture will request the opinion of the Regional Office and the Municipal Office of the Municipality with extended scope, or the opinion of the Academy of Sciences of the Czech Republic, if it is an archaeological finding declared a cultural monument, unless it has requested the annulment of the Declaration of the Academy of Sciences of the Czech Republic itself. Where the owner of a cultural monument is not an applicant for cancellation of a declaration, he shall be allowed to participate in the examination and to make a statement.

(3) The Ministry of Culture may make the cancellation of the declaration subject to prior fulfilment of the conditions laid down by it. The costs incurred in meeting the conditions shall be borne by the applicant and, where the cancellation procedure is initiated by the Ministry of Culture on its own initiative, the costs shall be borne by the one in whose interest the cancellation of the declaration took place.

(4) Paragraph 3 (4) applies mutatis mutandis to the cancellation of the declaration.

(5) The details of the cancellation of the declaration of a cause or construction as a cultural monument shall be laid down in general binding legislation.

ČÁST DRUHÁ

_

Protection and use of cultural monuments

§ 9

(1) The owner of a cultural monument is obliged to take care of its own cargo, maintain it in good condition and protect it from danger, damage, deterioration or theft. The cultural monument is only required to be used in a way that corresponds to its cultural political importance, monument value and technical condition. Where a cultural monument is in social ownership, it is the responsibility of the organisation which manages, uses or owns the cultural monument and of its superior body to create all the necessary assumptions for the performance of those duties.

(2) The obligation to take care of the preservation of the cultural monument, to keep the cultural monument in good condition and to protect it from danger, damage, degradation or theft also lies with those who use or carry the cultural monument; However, the obligation to bear the costs associated with the care of the cultural monument shall only apply if this results from the legal relationship between it and the owner of the cultural monument.

(3) Organisations and citizens, even if they are not owners of cultural monuments, are obliged to act in such a way that they do not cause adverse changes in the state of cultural monuments or their environment and do not jeopardise the preservation and appropriate social application of cultural monuments.

(4) The owner who transfers the cultural monument to another, leaves it to someone for temporary use or transmits it to another (§ 14), or to another purpose, is obliged to inform him to whom it is transferred or to whom it is given or transmitted that it is a cultural monument.

§ 10

(1) If the owner of the cultural monument does not fulfil the obligations set out in § 9, the municipal authority of the municipality, with extended competence, shall, after having expressed the expert organisation of the State Monument Care, give a decision on the measures which the owner of the cultural monument is obliged to take and, at the same time, determine the period within which the owner of the cultural monument is obliged to implement those measures. If it is a national cultural monument, this decision will be issued by the Regional Office following the expression of the professional organisation of state conservation care in accordance with the conditions laid down by the Government of the Czech Republic to ensure the protection of the national cultural heritage.

(2) The decision on the measures to be taken by the owner of the cultural monument shall be taken by the municipal authority of the municipality with extended scope and, if national cultural monument is concerned, by the regional authority, also at the request of the owner.

(3) The details of the obligations of cultural heritage owners in their protection and use are laid down in generally binding legislation.

§ 11

Obligations of administrative offices, legal and natural persons

(1) Where a natural or legal person acts or could cause adverse changes in the state of the cultural monument or its environment, or endangers the preservation or social application of the cultural monument, the municipal authority of the municipality with extended scope shall determine the conditions for the further pursuit of such activity or the pursuit of the activity, and shall prohibit national cultural heritage, regional authority.

(2) The administrative authorities and authorities of regions and municipalities make their decisions in accordance with specific legislation which may affect the interests of national conservation or conservation of cultural monuments or conservation sites and conservation zones and their appropriate use, only on the basis of the binding opinion of the municipal authority of the municipality with extended competence and, if national cultural monuments are concerned, on the basis of the binding opinion of the regional authority.

§ 12

Notification obligation of the owner of the cultural monument

(1) The owner of the cultural monument is obliged to notify without undue delay of any threat or damage to the cultural monument to the municipal authority of the municipality with extended scope, if it is a national cultural monument to the regional authority, and to request its decision on how to remedy the defect. If it is a real estate cultural monument, which is a construction, it will also inform the building authority 1)

(2) The owner of the cultural monument is obliged to notify in advance the municipal authority of the municipality of the enlarged territory of any intended change in its use and, if it is a real-estate cultural monument, its intended removal.

§ 13

The right of the State to the priority purchase of cultural monuments

(1) The owner of a cultural monument is obliged to offer it to the Ministry of Culture in the event of the intended sale (transfer of ownership) of a cultural monument, if it is a movable cultural monument or if it is a national cultural monument, to buy it (acquisition into state ownership), with the exception of the sale between persons close to or co-owners; if the national cultural monument is only a building which is not a separate matter, the right of the State to make a preferred purchase for the property to which the national cultural monument is part shall apply.

(2) The Ministry of Culture may, on the basis of an offer by the owner of a cultural monument for exceptionally serious cultural and social reasons, exercise the right of the State to purchase (a subscription to state ownership) cultural monuments either directly or through organisations established by the Ministry of Culture at a price established under special legislation4) and, if the price cannot be so determined, at a price which is normally appropriate to the nature of the case. In doing so, the Ministry of Culture shall request from the owner of the cultural monument a document or a declaration of ownership of the movable cultural monument.

(3) The Ministry of Culture which has received an offer pursuant to paragraph 1 shall, if it is a movable item within three months and if it is a immovable item within six months of the receipt of the offer, notify the owner of the cultural monument that the offer of the purchase (the acquisition into the State) is accepted, otherwise the right of the State to buy the cultural monument in preference to the owner who made the offer ceases.

(4) If the owner of a cultural monument fails to fulfil the obligation referred to in paragraph 1, the legal act by which he has transferred ownership to a cultural monument to another person shall be invalid if the Ministry of Culture so requests. The Ministry of Culture may exercise this right within three years of the date of implementation of that act.

(5) The provisions of paragraph 1 shall be without prejudice to provisions governing the free transfer of property to the State. 6)

§ 14

Restoration of cultural monuments

(1) If the owner of a cultural monument intends to perform maintenance, repair, reconstruction, restoration or other modification of the cultural monument or its environment (hereinafter referred to as "restoration"), he is obliged to request a decision or a binding opinion of the municipal authority of the municipality with extended scope and to refer to the national cultural monument, decision or binding opinion of the regional authority.

(2) The owner (administrator, user) of a property which is not a cultural monument but is in a monument reservation, in the monument zone, in the protected zone of the immovable cultural monument, in the real national cultural monument, in the conservation zone or in the conservation zone, is obliged to request a decision or a binding opinion of the municipal authority with extended scope, unless this obligation is excluded under this law (§ 6a and 17).

(3) The decision or binding opinion referred to in paragraphs 1 and 2 shall state whether the work referred to therein is admissible for the interests of national conservation and shall specify the conditions under which such work may be prepared and carried out. The conditions must be based on the present state of knowledge of cultural historical values which must be maintained in order to enable the intended project to be implemented.

(4) The State Monument Care Body responsible under paragraphs 1 and 2 shall issue a decision or binding opinion following the prior written statement of the expert organisation of State Monument Care with which it shall, at its request, discuss a draft of this Decision or a binding opinion before the end of the procedure. Written observations shall be submitted by the State Monument Care Professional Organisation to the competent authority of the State Monument Care Office no later than 20 days from the date of receipt of the request for its preparation, unless the State Monument Care Authority, in particularly complex cases, provides for a period of no longer than 30 days. If, within a period of 20 days or an extended period, the competent authority of the State Monument Care has not received written observations, it shall issue a decision or a binding opinion without such observations.

(5) Documentation of the renewal of a real-estate cultural monument or building, changes in construction, landscaping, location or removal of equipment, location or removal of advertising or information binder, unless it is an installation under the building law, removal of the construction, modification of timber or maintenance work on the property referred to in paragraph 2, the owner of the cultural monument shall discuss during the processing with the professional organisation of the State Monument Care with regard to compliance with the conditions of the decision or binding opinion referred to in paragraphs 1 and 2. For each completed stage of the documentation, the professional organisation of the State Monument Care shall draw up a written statement as the basis for the binding opinion of the municipal authority of the municipality with extended scope, if it is a national cultural monument, as the basis for the binding opinion of the regional authority.

(6) The renewal of cultural monuments or parts thereof, which are works of art or artistic craft (hereinafter referred to as "restoration '), may be carried out by natural persons on the basis of a permit granted under Paragraph 14a, the restoration being understood as a summary of the specific works of art, art and crafts and technical works respecting the technical and artistic structure of the original.

(7) The owner of the cultural monument is obliged to hand over 1 copy of the documentation to the professional organisation of the state conservation at its request.

(8) The State Monument Care Authority shall issue a binding opinion pursuant to paragraph 1 or 2 in cases where it follows its procedure under the building law of the Building Office; in other cases, a decision shall be taken by the State Heritage Authority.

(9) The generally binding legislation provides for details of the conditions for documentation of the renewal and for the implementation of the restoration of cultural monuments.

§ 14a

Permit to restore cultural heritage

(1) The restoration of cultural monuments or parts thereof, which are parts of art or works of art, may be carried out by a natural person who is fully competent and fair, on the basis of a permit (hereinafter referred to as "permit for restoration").

(2) For the purposes of this law, a person who has been convicted of a criminal offence committed in connection with restoration shall not be considered to be righteous if he is not looked at as if he were not convicted. In order to demonstrate the integrity of a natural person, the Ministry of Culture shall, in accordance with the special legislature11, request an extract from the Register of Penalties. An application for an extract from the Register of Penalties and an extract from the Register of Penalties shall be sent in electronic form in a way that allows remote access. In the event that a natural person is not a national citizen of the Czech Republic, he shall prove his integrity by an extract from the Register of Penalties or by a similar document issued by the competent authority of the State of origin of that natural person; such documents may not exceed 3 months.

(3) The permit for restoration is granted by the Ministry of Culture to a natural person after prior proof of its professional assumptions.

(4) Professional assumptions are demonstrated by compliance

(a) professional qualifications, which means professional qualifications and professional experience for the restoration of cultural monuments or parts thereof, which are parts of art, which are university education obtained by studying in an accredited Master's study programme11a) in the field of art focusing on restoration or higher education obtained by studying in a master's programme in the relevant field of art, accompanied by a certificate of completion of a restaurant's studies in the framework of lifelong learning, 11a) or higher professional or complete secondary vocational training in the field of restaurant or higher professional or full secondary vocational training in the relevant field and 5 years of vocational training; for specialization for which it has not been established, teaching in the relevant field of lifelong learning or professional work, higher professional or complete secondary vocational training in the field of activity or higher professional or higher professional or full vocational training in the relevant field and 5 years of professional training; for specialisation for which secondary education has not been established,

(b) professional competence, which is a summary of knowledge and skills, guaranteeing the preservation of the material nature of cultural monuments or parts thereof, which are works of art or artistic craft while respecting their authenticity; they are demonstrated by the submission of documentation showing that the natural person requesting the grant of a permit for restoration has successfully and independently restored non-cultural objects.

(5) The renewal permit shall be granted on application in writing, which shall include the definition of the required restoration specialisation in accordance with Annex 1 to this Act. The application shall be accompanied by:

(a) the completed registration questionnaire, the model of which is set out in Annex 2 to this Act;

(b) certified copies of evidence of formal qualifications and professional experience as referred to in paragraph 4 (a), not being the natural person subject to the procedure for the recognition of professional qualifications and other competences under the Law on the recognition of professional qualifications (hereinafter referred to as "the applicant") 11c;

(c) documentation of at least 3 restoration works on non-cultural objects, of which not less than 1 may not be more than 2 years old, carried out in a restaurant specialisation in which authorisation for restoration is requested.

(6) The documentation referred to in point (b) of paragraph 4 shall include a comprehensive evaluation of the relevant surveys and research, a photo-documenting of the state of the work before the restoration work begins, during each stage, and after the completion of the work, a description of the technical and technological procedures and materials used, an analysis and evaluation of any new findings on the work and guidelines for its further protection regime.

(7) In the decision to grant permission to restore the Ministry of Culture, the Ministry of Culture provides for the specialisation of restoration activities in accordance with Annex 1 to this Act and other conditions for its execution.

(8) The Ministry of Culture maintains the List of persons authorised to be restored (hereinafter referred to as the "List of persons") to which the list of persons is registered

(a) the name and, where appropriate, the name, surname, date of birth, birth number, nationality, permanent residence or temporary residence, and the person's identification number; the person's identification number shall be provided by the administrator of the basic register of persons 11d),

(b) specialisation of restoration activities;

(c) changes to those data;

(d) the revocation of the permit for restoration or suspension of the exercise of the rights attached to the authorisation for restoration.

Anyone who testifies to the legal interest may consult the list of persons. The protection of personal data entered in the list of persons shall be governed by specific legislation. 11e)

(9) The holder of the restoration permit shall notify the change of the data referred to in paragraph 8 (a) without delay to the Ministry of Culture, and at the same time shall provide evidence of this within 30 days of the occurrence of such changes.

(10) The Ministry of Culture shall revoke the restoration permit if the holder of the restoration permit:

(a) has been limited in its own right;

(b) no longer fulfils the condition of integrity;

(c) in a gross or less serious way, but it has repeatedly proven to have damaged the cultural heritage or part of it, which is the work of fine arts or crafts;

(d) give false information in the application referred to in paragraph 5,

(e) has requested the cancellation of the permit for restoration.

(11) The Ministry of Culture may decide to suspend the restoration activity carried out on the basis of a permit for restoration if:

(a) criminal proceedings have been initiated to prevent him from fulfilling the condition of integrity;

(b) proceedings have been initiated for the restriction of jurisdiction,

until such time as the decision terminating the proceedings becomes final.

(12) The provisions of paragraph 1 shall not apply to natural persons carrying out restoration activities as part of their regular studies in the field of restoration at a university or at a higher vocational school classified in the school network, preschool facilities and school facilities 11b) under the supervision of a teacher holding a permit for restoration.

(13) Candidates of the Ministry of Culture shall grant, under the conditions laid down in paragraphs 1 and 3, a permit for restoration where they are recognised as professional qualifications and integrity.

(14) In the case of a procedure for the grant of an authorisation for the restoration of a tenderer, a joint procedure for the granting of a permit for the restoration and recognition of the professional qualification and integrity of 11f shall be conducted.

Recognition of professional qualifications and other competence of a candidate for the restoration of cultural monuments

§ 14b

(1) The Ministry of Culture shall act under the Act on the Recognition of Professional Qualification11g in recognition of professional qualifications and the integrity of the applicant.

(2) A person who has notified the Ministry of Culture of his intention to carry out restoration within the framework of the freedom to provide services and has annexed documents under the Law on the Recognition of Professional Qualifications and has also provided evidence of the formalities for the notification provided for in paragraph 3 (hereinafter referred to as "the person entitled to restore ') 11h) shall not be subject to the provisions of Paragraph 14a (1).

(3) The notification referred to in paragraph 2 shall include, in addition to the particulars provided for in the Act on the Recognition of Professional Qualification11h)

(a) the address for service of documents;

(b) the estimated period of restoration in the Czech Republic;

(c) the restoration specialisation which the person authorised to restore in the Czech Republic intends to perform.

(4) The Ministry of Culture shall keep records of persons authorised to restore to which registration shall be made.

(a) the name and surname of the person authorised for restoration;

(b) the address for service of documents;

(c) restoration specialisation;

(d) the period of validity of the authorisation for restoration in the Czech Republic;

(e) the expected period of restoration within the territory of the Czech Republic by the person authorised to restore,

(f) prohibition of restoration pursuant to § 35 (3) or § 39 (3).

The protection of personal data entered in the register shall be governed by specific legislation. 11e)

§ 14c

(1) Where the applicant is ordered under the Law on the Recognition of Professional Qualifications of Compensation Measures (11i), the Ministry of Culture also provides in the Decision:

(a) in the event of the choice of a compensation measure in the form of a differential test, the scope of the difference test, which may include the verification of both the theoretical and practical skills of the candidate who, according to the document submitted, are not part of the professional qualification of the candidate and the school to which the candidate will pass the difference test according to the restaurant specialisation in which he intends to operate in the Czech Republic; and

(b) in the event of the choice of a compensatory measure in the form of an adaptation period, the length and professional orientation of the adaptation period, including the areas of which knowledge is necessary for restoration in the restaurant specialisation in which the applicant intends to operate in the Czech Republic and which, according to the submitted document, are not part of the professional qualification of the applicant, the content of the documentation of the restoration work in the range of up to 3 works carried out during the adaptation period and the method of evaluation of the adaptation period.

(2) The School referred to in paragraph 1 (a) shall be determined by the Ministry of Education, Youth and Sports at the request of the Ministry of Culture within 1 month of the date of receipt of the request. The Ministry of Culture shall specify in the application the scope of the difference test, which may include verification of both theoretical and practical skills of the candidate. The details of the content and form of the difference test shall be determined by the school designated.

(3) In the event of the choice of meeting the compensatory measure in the form of an adaptation period, the applicant shall undergo an adaptation period through professional practice in the field of restoration carried out by:

(a) in a museum or gallery set up by the Ministry of Culture or Region, in a professional organization of state conservation care or the National Library of the Czech Republic, where there is a restoration facility in which at least 1 employee is in possession of a restoration permit for the restoration specialisation in which the applicant intends to operate in the Czech Republic; or

(b) under the supervision of a natural person who is the holder of a restoration permit for the restaurant specialisation in which the applicant intends to operate in the Czech Republic and who is also a teacher in the field of restoration in the same specialisation at a university or higher vocational school in a network of schools and educational establishments. 11b)

(4) The theoretical and practical areas which constitute the content of education and training required in the Czech Republic for the performance of the restoration activity are set out in Annex 3 to this Act.

§ 15

Measures to ensure the care of cultural monuments

(1) If the owner of the cultural monument does not implement the measures provided for in Paragraph 10 (1) within the specified time limit, the municipal authority of the municipality with extended scope and if it is a national cultural monument, the regional authority may decide that the necessary measures for securing the cultural monument shall be carried out on the expense of its owner.

(2) If an important social interest so requires, the Regional Authority may, on its own initiative or on a proposal from the municipal authority of the municipality with extended competence or on a proposal from the Ministry of Culture, if it is a movable cultural monument or a movable national cultural monument, impose an obligation on its owner to treat it in a certain way, or impose on it, free of charge, in the custody of a professional organisation designated at the same time by the Regional Office.

(3) If the owner of a real-estate cultural monument, which is not a State property, is permanently in danger of maintaining it or of using a cultural monument contrary to its cultural political importance, monument value or technical condition, he may, in the social interest, not to reach an agreement with the owner on its sale of the State, exceptionally a cultural monument on a proposal from the municipal authority with extended scope by decision of the expropriation office. In the event of the expropriation of a real national cultural monument, the expropriation procedure shall be initiated by the expropriation office on a proposal from the Regional Office. Otherwise, general rules apply to expropriation. 12)

(4) If a cultural monument is immediately threatened, the municipality shall, with the prior approval of the municipal authority of the municipality, take the necessary measures to protect it with extended scope. If it is a real-estate cultural monument, which is a construction, the municipality will initiate the construction office to regulate the remedies and inform the municipal authority of the municipality with extended scope, and if it is a national cultural monument, the regional authority.

§ 16

Contribution to the conservation and restoration of cultural heritage

(1) At its request, the municipality or the county may grant a contribution from its budget, if it is a particularly justified case, to the increased costs of preserving or restoring the cultural monument for the purpose of its more effective social application. The contribution may also be granted if the owner of the cultural monument cannot pay out of his own resources the costs of preserving or restoring the cultural monument.

(2) In the event of an exceptional social interest in the preservation of cultural monuments, the Ministry of Culture may make a contribution from the State Budget either directly or through the Regional Office or through the municipal authority of the municipality with extended scope.

(3) The details of the contribution to the conservation and restoration of cultural heritage are laid down in general binding legislation.

§ 17

Protection zone

(1) If it is required to protect a real-estate cultural monument, a real-estate national cultural monument, a monument reservation, a monument zone or an environment, the municipal authority of the municipality, with extended competence, will issue measures of a general nature on the protection zone after the expression of the professional organisation of state conservation care. In the protection zone, the municipality may restrict or prohibit certain activities or take other appropriate measures. At the same time, in a general measure, the municipal authority of the municipality may determine for which properties in the protection zone, if they are not a cultural monument, or for which types of work on them, including the modification of timber, are excluded from the obligation to request a prior binding opinion pursuant to Article 14 (2); This obligation is always excluded when it comes to the construction, change of construction, maintenance, placement or removal of equipment, the execution of which does not interfere in any way with the external appearance of the property.

(2) Where it is necessary to establish a protection zone to obtain certain land or buildings, or to remove them and do not reach agreement with the owner, the land and buildings may be expropriated. 12) The necessary modifications of the construction, other equipment or land may also be ordered.

(3) If the owner or user of the land which is not in State property is a property damage as a result of the measures provided for in paragraphs 1 and 2, he shall be liable for the appropriate compensation granted by the municipality with extended scope.

(4) The municipal authority of a municipality with extended competence may, after the expert organisation of state conservation, amend measures of a general nature referred to in paragraph 1 if the purpose for which the protection zone has been defined has changed and may also withdraw them if the subject of protection has ceased to exist.

(5) The details of the definition of the protection zone are laid down in general binding legislation.

§ 18

Relocation of cultural heritage

(1) The construction, which is a cultural monument, can only be relocated with the prior approval of the Regional Office after the expression of the professional organisation of the State Monument Care.

(2) A movable object, which is a cultural monument, can be permanently moved from a publicly accessible place only with the prior approval of the Regional Office after the expression of the professional organisation of the State Monument Care.

(3) The Regional Office which has given its consent to the relocation of the cultural monument referred to in paragraphs 1 and 2 shall inform the professional organisation of the State Monument Care.

§ 19

Use of cultural monuments for scientific research or for exhibition purposes

Citation	Act of the Czech National Council No. 20 / 1987 Coll., on State Heritage Care
Regulation Type	-
Author	-
Collection	Code of Laws

Date of Promulgation	13.04.1987
Effective from	01.01.1988
Effective until	-
Status	Valid

Act of the Czech National Council No. 20 / 1987 Coll.

Act of the Czech National Council on State Heritage Care

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