Decree of the Ministry of Culture of the Czech Socialist Republic No. 66 / 1988 Coll.
Decree of the Ministry of Culture of the Czech Socialist Republic implementing the Act of the Czech National Council No. 20 / 1987 Coll., on State Heritage Care
Valid
Effective from 01.07.1988
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66
DECLARATION
Ministry of Culture of the Czech Socialist Republic
of 26 April 1988
implementing the Act of the Czech National Council No. 20 / 1987 Coll., on State Heritage Care
The Ministry of Culture of the Czech Socialist Republic, in agreement with the Ministry of Finance, Prices and Wages of the Czech Socialist Republic, with the Ministry of Construction and Construction of the Czech Socialist Republic and the Czech Commission for Planning and Scientific and Technological Development, provides pursuant to § 45 of the Act of the Czech National Council No. 20 / 1987 Coll., on State Heritage Care (hereinafter referred to as "the Act"):
Proclamation of things for cultural monuments
(to Article 3 of the Act)
(1) The Ministry of Culture declares real estate and movable goods or their files as cultural monuments on its own or otherwise.
(2) The Ministry of Culture may, in addition to the observations provided for in Article 3 (1) of the Act, request an opinion from professional, scientific and artistic organisations before declaring the case as a cultural monument. 1)
(3) The subject of the notification provided for in Article 3 (5) of the Act is the name, type and description of the case, photo documentation, dimensions, present state of the case (e.g. technical status data, renewal), location of the case and manner of its use, and relations with which the case may be handled.
(4) If the owner of a case proposed to declare a cultural monument requests the Ministry of Culture, from which he has received a written invitation pursuant to Article 3 (5) of the Act, that the information referred to in paragraph 3 be supplemented with the assistance of a professional organisation of State Heritage Care (hereinafter referred to as "the professional organisation '), the Ministry of Culture, not least about the location of the case, the manner in which it is used and the relations enabling the owner to handle the case, shall comply with the request of the owner.
Monument zones
(k § 6 of the Act)
(1) For the declaration of the Monument Zone pursuant to Article 6 (1) of the Act, the defining of significant cultural values of the territory, the delimitation of the border of the Monument Zone, the description of the subject of protection and care, the setting of conditions for building and other activities aimed at protecting the territory and improving the quality of the environment.
(2) The territory of the Monument Zone or its protection zone, where established, shall be indicated by the competent spatial planning authority when procuring land-use planning material and land-use planning documentation in accordance with the specific regulation.2) If the necessary land-use planning documentation has not been prepared for the territory of the Monument Zone, or if the current land-use planning documentation is contrary to the interests of state conservation in the territory of the Monument Zone, the Ministry of Culture shall initiate the competent territorial planning body to obtain, supplement or amend the necessary land-use planning documentation.
(3) The Ministry of Culture will announce the declaration of the territory as a monument zone to the professional organisation to be designated in the Central List of Cultural Monuments of the Czech Republic ("the Central List").
Registration of cultural monuments
(to Section 7 of the Act)
(1) The central list is a set of basic data identifying the cultural monument, the monument reservation and the monument zone. It consists of a copy of the declaration of a cultural monument, a monument reservation and a monument zone, a register, records and documentation including photographs. The parcels concerned shall also be entered in the Central List and the boundaries shall be drawn in copies of land maps.
(2) The Central List shall include a declaration of a cultural monument as a national cultural monument and the definition of its protection zone. It shall also be indicated that the cultural monument is situated in the area declared as a monument reservation, a monument zone or a protection zone. Changes in the ownership and relocation of cultural monuments are continuously characterised; for real-estate cultural monuments, there are also changes in their use. The Central List also includes the cancellation of the declaration of a cultural monument.
(3) In the Central List, the professional organisations and cultural monuments listed in the existing national lists shall be included in the central lists.3)
The central list and lists of cultural monuments of the administrative districts of the regional and municipal authorities of the municipalities with extended scope are publicly available when it comes to data on real cultural monuments. In the case of data on movable cultural monuments, the owner of the movable cultural monument, persons in the exercise of the administration may be consulted in the Central List and the lists of cultural monuments of the administrative districts of the regional and municipal municipalities with extended scope, where such data are needed for the performance of their tasks, by persons for study purposes on the basis of written confirmation of the relevant educational establishment or the relevant cultural institution and by persons for scientific research purposes on the basis of written confirmation of the sponsor of the research task; other persons may do so only with the written consent of the owner.
(1) The expert organisation shall notify the competent cadastral office of any entries in the Central List relating to the real estate records for designation in the property register. The notification shall be accompanied by a copy of the land map with a drawing of the boundaries of the conservation property and its protection zones and a list of all the parcels concerned by municipalities, cadastral territories and parquet numbers according to the register in the property register, including the method of protection of those properties. 5)
(2) The expert organisation shall send the competent authorities of the zoning plan (5a) a copy of the land map with an outline of the course of the border of the conservation property.
Cancellation of the declaration of a cultural monument
(k § 8 of the Act)
(1) The request for the annulment of the declaration of a cultural monument (hereinafter referred to as "cancellation of the declaration") contains the following information: the name of the cultural monument and the Central List register number, the location and the close identification of the cultural monument, the ownership relationship, the justification of the application and the informative photographs.
(2) Paragraph 1 (2) of this Decree applies mutatis mutandis to the withdrawal of the declaration.
(3) The conditions for the prior fulfilment of which the Ministry of Culture may be bound by the cancellation of the declaration are the processing of measurement and photographic documentation, building historical or archaeological surveys, the relocation of selected elements of the cultural monument and the modification of the space created.
Protection and use of cultural monuments
(Articles 9 and 10 of the Act)
(1) The owner of the cultural monument is obliged to take care of the early preparation and proper execution of all the work and other measures necessary to ensure the care of the cultural monument, in particular to ensure:
(a) the good technical condition and aesthetic appearance of the cultural monument;
(b) appropriate and proportionate use of the cultural monument;
(c) the favourable environment of the cultural monument and, where appropriate, its relocation to another suitable place;
(d) against arbitrary damage, destruction or theft, or theft of its removable components or accessories.
(2) An organisation which manages, uses or owns a cultural monument is also required to ensure:
(a) the preservation and effective application of artistic and cultural historical values of cultural monuments,
(b) the necessary technical and other equipment of the cultural monument in accordance with its historical value;
(c) the protection of movable cultural monuments for the duration of the state of danger, emergency, state of danger and war. 6)
Restoration of cultural monuments
(to Section 14 of the Act)
(1) Another modification of the cultural monument provided for in Paragraph 14 (1) of the Act is the modernisation of the building with the unchanged function or use of the cultural monument, and the extension or extension. 7)
(2) There may also be a change in the use of the cultural monument in the context of the renewal if this changes to achieve a more appropriate application of its cultural social values. 8)
(3) The owner of the cultural monument shall indicate in the request for a binding opinion on its renewal, except for the request for restoration, the following information:
(a) the name and location of the monument, including the Central List registration number;
(b) a description of the current state of the monument, indicating the defects;
(c) the expected extent of recovery;
(d) investor in recovery (organisation or citizen),
(e) the estimated total costs and date of implementation of the recovery;
(f) the anticipated benefits of renewal for further use of the cultural monument.
(4) In a binding opinion for the preparation and implementation of the renewal pursuant to § 14 (1) and (2) of the Act, with the exception of restoration, the competent authority of the State Monument Care shall, depending on the nature of the protection, lay down the following basic conditions:
(a) ensuring further preservation and protection of the cultural heritage;
(b) ensuring the appropriate use of the cultural monument in terms of its social contribution;
(c) ensuring the quality and economy of all preparatory and implementation work for recovery;
(d) carrying out the necessary research and research work;
(e) processing of recovery documentation, 9)
(f) the transmission of materials and materials processed in the preparation and implementation of recovery (research and research work, preparatory and project documentation, its amendments and additions, actual implementation documentation, supporting final evaluation, etc.).
(5) In the absence of a renewal subject to approval procedure, 10) the competent authority of the State Monument Care shall determine whether the requirements of the binding opinions issued by it have been met from the point of view of State Monument Care. When identifying deficiencies and defects, the competent authority of the State Memorial Care will discuss their removal with the builder (investor).
(1) The renewal of a cultural monument or part thereof, which is a work of art or works of artistic crafts (hereinafter referred to as "restoration"), is a summary of the specific art, artistic and technical works respecting the technical and artistic structure of the original.
(2) The request for restoration must include:
(a) the name, location and description of the cultural monument, including the Central List register number;
(b) a description of the current state of the monument, indicating the defects and causes of the infringement;
(c) the proposed method of restoration;
(d) the investor (organisation or citizen);
(e) estimated total costs and implementation dates;
(f) the expected result of the intervention, including the presentation requirements.
The applicant for restoration may arrange the processing of the application for restoration with the expert organisation.
(3) In a binding opinion for the preparation and implementation of restoration pursuant to § 14 (1) of the Act, the competent authority of the State Monument Care provides the following basic conditions according to the nature of the cultural monument:
(a) processing of the intention of restoration, technical and technological process, design of final art solution and graphic materials;
(b) carrying out research and research work and documentation thereof;
(c) a final restoration report to be transmitted to the expert organisation.
(4) For restoration, a final restoration report shall be prepared containing:
(a) a comprehensive evaluation of research and research work;
(b) documentation of the restoration carried out;
(c) a description of the technical and technological procedures used;
(d) a description of the materials used,
(e) new findings on the cultural monument and guidelines for further protection regime;
f) photodocumentation of individual stages of restoration and resulting condition,
(g) further documentation according to the nature of the case;
(h) the transfer protocol and the quantification of the costs of restoration.
Contribution to the conservation and restoration of cultural heritage
(to Article 16 of the Act)
(1) An application for a contribution to the conservation and restoration of cultural heritage (hereinafter referred to as "the contribution") under Paragraph 16 (1) of the Act is accompanied by:
(a) a document certifying ownership of the cultural monument; if the property is concerned, also an extract from the property register or a certified copy thereof, a copy of the image of the cadastral map, or a geometrical plan, which is not more than six months old,
(b) a binding opinion issued pursuant to Paragraph 14 (1) of the Act,
(c) the specification of the type, scope, manner, date of implementation and the price agreed or estimated for the renewal of the cultural monument, including the specification of the works to which the application for a contribution relates;
(d) the intention to present a cultural monument made available to the public for cultural educational purposes, in so far as it is a cultural monument used in this way or intended for such use;
(e) if it is a movable cultural monument, a specification of how it is protected against damage, destruction or theft;
(f) the photographic documentation of the current technical state of the cultural monument or parts thereof, depending on the type and extent of the work to which the application for contribution relates.
(2) In the case of a contribution to the owner of a cultural monument which cannot, by its own resources, pay the costs associated with the preservation or restoration of cultural monuments, the application for a contribution under Article 16 (1) of the Act shall also be accompanied by:
(a) if it is a cultural monument, evidence of income arising from such property in the last three years or, where applicable, of commitments relating thereto;
(b) a notarized affidavit by the owner or owners of a cultural monument of their income and, where appropriate, of economic results over the last three years and of their property situation on the date on which the application for a contribution is submitted.
(1) In particular, it shall be considered as a particularly justified case in which, at the request of the owner of a cultural monument, the municipality or the county may grant a contribution to the increased costs associated with the preservation or restoration of a cultural monument, where the cultural monument or part thereof, as the case may be, is considered to be
(a) it is in poor technical condition if it has not been caused by the owner of the cultural monument;
(b) is used and made available or made available to the public for cultural or religious purposes;
(c) is situated in a position of view; or
d) is a unique cultural monument of its kind located in the territorial district of the Regional Office or the municipal office of the municipality with extended scope.
(2) A case in which the owner of a cultural monument is unable to pay out of his own resources the costs associated with the preservation or restoration of a cultural monument shall be deemed to have been less than half of the costs needed to preserve or restore a cultural monument in the relevant calendar year.
(1) The application for the renewal of a cultural monument provided for in Article 16 (2) of the Act is accompanied by the documents provided for in Article 11 (1) and a written statement of the importance and urgency of the renewal of the cultural monument processed by the professional organisation.
(2) A cultural monument in which the Ministry of Culture can contribute to the restoration of the cultural monument is considered to be of particular social interest
(a) is declared a national cultural monument;
b) is registered on the World Heritage List or forms part of a collection of cultural monuments and their preserved historical environment, which is registered on the World Heritage List, 13)
(c) it is in a state of emergency if it was not caused by the owner of the cultural monument;
(d) is made available or made available to the public for cultural educational or religious purposes;
(e) constitute a significant dominant position of the municipality or city or part of the landscape, where appropriate;
f) is a unique cultural monument of its kind in the Czech Republic; or
(g) it is included in the specialized programmes of the Ministry of Culture on the section of state conservation. 14)
(3) For the renewal of national cultural monuments, cultural monuments registered in the World Heritage List or forming part of a collection of cultural monuments and their preserved historical environment, which is registered in the World Heritage List, and for the renewal (restoration) of cultural monuments which are parts of art or artisanal works, a contribution may be granted up to the total cost of renewal in the current calendar year, the amount of deduction which may be applied by the beneficiary in accordance with the specific legislation may not be included in the total cost. 15)
(1) The allowance is granted to the owner of the cultural monument.
(2) The decision granting the allowance shall determine the conditions under which the contribution is granted in accordance with the specific legislation16).
(3) The municipality and the county shall reimburse the owner of the cultural monument a contribution or part thereof only after an invoice has been presented for the work carried out or on the basis of an expert's expert's opinion on the price of the works carried out, unless it is established in the decision granting the contribution that the contribution shall be paid to the applicant taking into account his financial possibilities in advance. Under the same conditions, a contribution or part thereof of the Ministry of Culture shall be paid to the owner of the cultural monument. The expert shall be designated by the person who has decided to grant the contribution.
(4) The owner of the cultural monument, if he does not fulfil the conditions laid down, is obliged to refund the contribution paid in advance to the beneficiary.
(5) The granting of the contribution in the current calendar year shall not give rise to the right of the owner of the cultural monument to the contribution in subsequent years.
(1) In the event of non-drawing or savings of a pre-paid contribution or part thereof, the owner of the cultural monument shall be obliged to repay the corresponding financial amount to the beneficiary.
(2) Where work on the renewal of a cultural monument supported by several financial resources, one of which is a contribution, is not carried out at the level of the costs foreseen for the current calendar year or at the level of the contractual costs agreed for the same year with the contractor of the work, the saving shall be deemed to have resulted from the contribution.
Protection zone
(to Article 17 of the Law)
(1) The definition of the protection zone includes the determination of the subject-matter of protection, the reason for the establishment, the description of the border of the protection zone, a copy of the land map drawing up the border of the protection zone and laying down the conditions for activities in the protection zone.
(2) The definition of the protection zone shall be notified by the municipal authority with extended scope to the professional organisation, the competent authorities of the zoning plan (5a) and the competent building office.
Cultural monuments in relation to abroad
(k § 20 of the Act)
(1) An application for prior consent to export of a cultural monument shall be submitted to the Ministry of Culture and shall contain all the essential features of the cultural monument excluding its substitution, in particular a description of the photograph, type and name, dimensions, current status, data on repairs or restoration carried out, the purpose for which prior consent to export is sought, the time to which the cultural monument is exported and the manner of its use abroad.
(2) The application shall include the required form set out in Annex 1, which shall be presented in four copies. The application shall also be accompanied by the written consent of the owner of the cultural monument to export and its purpose. In case of consent, the Ministry of Culture shall confirm the forms and return the three copies to the applicant. The applicant shall keep one certified form, one to the customs office which places the goods in free circulation abroad, and one to accompany the cultural monument abroad.
(3) The Ministry of Culture may, in the decision on prior consent to export cultural monuments abroad, lay down requirements for the protection of cultural monuments.
(4) Upon the return of the cultural monument from abroad, expert organisations shall, at the request of the Ministry of Culture, examine the identity and status of the cultural monument and report thereon to the Ministry of Culture.
Conditions for the grant of remuneration and compensation to the finder of the archaeological finding
(Article 23 (4) of the Law)
(1) If the archaeological findings referred to in Article 23 (2) of the Act, in particular in the case of land works and excavation works, the finder shall apply in writing no later than one year after the finding at the Regional Office, the payment of remuneration for archaeological findings.
(2) In a written application for remuneration, the finder must indicate the place, date and circumstances of the finder.
(3) In the case of a finding of precious metals, the Regional Office will request an examination at the Punk Office. In the case of findings from other valuable materials (e.g. amber, precious stones), it will require an award from an expert in the relevant field. In other cases, the Regional Authority will require the determination of the cultural historical value of the archaeological finding (e.g. undamaged vessels, a set of containers, coins etc.) Archaeological Institute of the Academy of Sciences of the Czech Republic or the National Museum.
(4) The finder shall have the right to reimbursement of the necessary costs incurred in connection with the finding (e.g. fare, telephone and, where appropriate, telegraphic notification, etc.). These costs must be demonstrated.
Tasks and privileges of the sightseeing inspection
(to Article 27 of the Act)
(1) The central surveillance of the sightseeing inspection (hereinafter referred to as "inspections") is the activities related to the protection, restoration and social application of cultural monuments.
(2) As part of the central supervision of the comprehensive care of cultural heritage, the inspection focuses in particular on:
(a) the evaluation, use and accessibility of cultural monuments;
(b) the state of registration, protection and management of cultural monuments;
c) compliance with the conditions for the protection of cultural monuments, the quality and economy of project, construction, construction and restoration works in preparation and implementation of the restoration of cultural monuments;
(d) the application of social interests in the restoration and exploitation of cultural monuments.
(3) The inspection monitors how the owner of cultural monuments complies with the decisions imposed, or other measures taken by the State Monument Care Authorities, whether to restore cultural monuments in accordance with their cultural significance and historical value and whether to ensure social efficiency and economy.
(4) The inspection assesses the findings gained in carrying out central supervision in the field of state conservation and uses them in the processing of the current state of state conservation and in order to ensure its further prospective development.
(5) The inspection will see to it that the expert organisation provides the authorities with the necessary professional assistance in deciding and, where appropriate, issuing other measures concerning cultural monuments.
Tasks of the Conservator of State Monument Care and Rapporteur of State Monument Care
(to Section 31 of the Act)
The Conservator of State Monument Care ("the Conservator ') shall carry out the following tasks:
(a) in the context of monitoring the state of cultural monuments, establish whether and how their maintenance is carried out and whether they are used appropriately;
(b) monitor whether the restoration of the cultural heritage is carried out in accordance with the requirements of national conservation;
(c) propose to the municipality of the municipality, with extended scope, the necessary measures to identify the immediate threat to the cultural heritage or to identify deficiencies;
(d) report on the status of cultural monuments on its own initiative or at the invitation of the municipality with extended scope;
(e) participate in the promotion of cultural monuments between citizens and between young people, in particular through cooperation with cultural facilities, lectures and, where appropriate, publishing activities;
(f) by delegation from the municipal authority of the municipality with extended competence, participate in meetings to address questions in the State Heritage Department and report on the outcome of the negotiations;
(g) monitor and guide the activities of the national heritage care rapporteurs (hereinafter referred to as "the rapporteur") and ensure that they are constantly familiar with the important issues of conservation of the territory;
(h) carry out other tasks entrusted to it by the municipal authority of the municipality with extended scope.
The rapporteur shall carry out the following tasks:
(a) monitor the state of cultural monuments in the demarcated area, care for them and their use; report directly to the conservator on the state of cultural monuments in the demarcated area; in the event of an immediate threat to the cultural heritage, inform the municipality directly with extended scope;
b) assists the preservative in promoting cultural monuments between citizens and among youth.
(1) The municipal authority of the municipality, with extended scope, shall equip the preservative and the rapporteur with a certificate authorising them to carry out the delegated tasks.
(2) The function of the preservative and rapporteur is fair; the enlarged municipality pays them travel expenses and some other compensation they will incur in the performance of their duties. 21)
Final provisions
They shall be deleted:
1. Decree No. 239 / 1959 Ú. l., on the export of cultural monuments and objects of museum value, insofar as it relates to cultural monuments.
2. Decree No. 117 / 1959 Ú. l., on National Cultural Monuments.
3. Decree No. 181 / 1959 Ú. l., on Monument Reservations.
4. Directive of the Ministry of Culture of the Czech Republic No 18.374 / 72-VI / 1 of 28 December 1972 on the establishment and operation of construction restoration smelters and groups, reg.
5. Official communication of the Ministry of Culture of the Czech Republic on the declaration of the Jabkenic branch, district of Mladá Běslav, for a protected cultural monument, publ. amount 25 / 1956 Ú. l.
This Decree shall take effect on 1 July 1988.
Minister:
Doc. Ing. Kymlička CSc. v. r.
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Regulation Information
| Citation | Decree of the Ministry of Culture of the Czech Socialist Republic No. 66 / 1988 Coll., implementing the Act of the Czech National Council No. 20 / 1987 Coll., on State Heritage Care |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 12.05.1988 |
|---|---|
| Effective from | 01.07.1988 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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