Rules

Strategy regarding National Cultural Heritage

          The Strategy is based on the idea that the heritage is an important factor in maintaining cultural
and national values and identities, sustainability, social inclusion and cohesion, all the more since Romania has become a member of the European Union.

The General Priorities for the Ministry for Culture and Cults in regard to National Cultural Heritage

          -Evaluating and insuring goods that are part of the national cultural heritage by an inventory, is the basis for public policies regarding heritage and as a consequence the knowledge and protection of the heritage should increase. All technologies that allow efficient managing of such information such as GIS, specializes software for museums, will be made use of.

          -The National Cultural Heritage Code will be a synthesis of 5 years in applying legislation in regard to protection of historic monuments and archaeological sites, of national cultural movable and immovable patrimony, time in which the existing legislation was modified and added to as some definitions and terms in documented emitted by the Ministry of Culture and other institutions had some inconsistencies. The corroboration of the Code of Cultural Heritage to the Construction Code in regard to the protection of immovable patrimony is to be made.

          -Putting together a popularization programme for heritage, with an emphasis on the categories belonging to different UNESCO or European lists, such as immovable and immaterial.

          Society is constantly re-evaluating the value of monuments and new categories can arise. The immovable cultural heritage is the most valuable component of the cultural patrimony in regards to direct material value but also to possibilities of links with extra cultural components. It must be said that the immovable cultural patrimony is a phrase defining what is mode widely known as historic monuments, a category that includes not only monuments per say, but also historical sites and ensembles. All these definitions and delimitations are very clearly stated in this coherent and complete collection of norms, with regard to the whole set of operations (research, inventory, preserving, restoring, presenting) that compose the action of protecting immovable cultural patrimony. Even the framework law concerning establishes that the protecting of historic monuments is a component of social-economic, touristic, urban and territorial sustainable development, both locally and nationally.

          It must be said that in accordance with Law no. 422/2001 regarding the protection of historic monuments, with its ulterior modifications and adding, historic monuments are those monuments, sited and ensembles (each category being defined by the law) included in either group A (monuments if national or universal value) or group B (monuments if local value).

          These monuments can be further divided in typological categories, as mentioned in Law no. 5/2000 regarding the approval of the Plan for development of national territory (section III, protected areas), a typology that doesn’t fully comply with Law no. 422/2001, but is a more practical approach:

1. Architectural Monuments:
a) Strongholds;
b) Noble’s residences;
c) Fortified churches – strongholds;
d) Castles, mansions, palaces;
e) Watchtowers;
f) Urban civil buildings;
g) Urban ensembles;
h) Wooden churches;
i) Ethnographic museum-open air;
j) Cave churches;
k) Churches and monasteries;
l) Industrial architecture, communication pathways;
m) Folk architecture (villages);
n) Rural traditional ensembles.

2. Archaeological monuments:
a) Paleolithic complexes;
b) Neolithic and Eneolothic settlements;
c) Bronze Age settlements and cemeteries;
d) Earthworks and settlements – Iron Age, Hallstatt;
e) Dacian fortresses;
f) Ancient cities;
g) Edifices;
h) Wooden churches;
i) Medieval monuments identified through archaeology;
j) Archaeological reservations that encompass sites with multiple layers – settlements and cemeteries.

          Most of the monuments with historic, artistic or architectural value are public property and are under the administration of different public entities (local public or church administration). Nevertheless the ones to have the same rights should be the local community, church or cult involved (in regard to churches and other religious monuments), NGOs and representatives of the private sector.

 

Heritage Protection

 

          The state warranties and insures the protection of historic monuments according to the provisions of Law 422 from 2001, applied in 2008.

          The Ministry of Culture and Cults and the central administrative authority that elaborates the strategies and rules for the protection of historic monuments and makes sure they are enforced.

          The central public administrative authority, specific institutions and local administrative authorities collaborate and are responsible accordingly of the protection of historic monuments.

          The central public administrative authority, specific institutions and local administrative authorities collaborate with the owners of historic monuments, be they legal entities or not, with their administrators as well as the public bodies and NGOs that work in the field of protecting historic monuments and supports them under the said law.

HISTORIC MONUMENTS OWNER’S OBLIGATIONS

          In order to protect the historic monuments their owner and administrator, or any other person having legal right over a historic monument are obliged to:

          a) to maintain, use and exploit the building only in accordance to the law and the obligations regarding use of a historic monuments;

          b) to ensure security, integrity and protection of the historic monument, to take measures regarding prevention and extinguishing fires, to ensure restoration, consolidation and conservations, maintenance and repairs needed under the provisions of the law;

          c) to urgently make note, in writing, to the appropriate authority, as well as the mayor about any modifications or degradation of the monument in their administrative territory;

          d) to urgently make note, in writing to the appropriate authority, as well as the mayor about the chance discovery of any buildings, artifact or archaeological find never seen before, ensuring its keeping under the conditions of the law until the arrival of the specialist, but no longer than 15 days;

          e) to ensure the specialists subordinated to the Authority for Culture, Cults and Cultural National Heritage, coming to asses the conservation status or to conduct research, including archaeological and of expertise of the historic monuments;

          f) in the event in which they require an archaeological clearance certificate they will finance the archaeological digging, the research, preparing the necessary documentation and all costs required for the preserving and protecting any archaeological finds brought to light by the research;

          g) obtain any legal documents needed for any interventions;

          h) to ensure the completion of preserving, consolidation and restoration works needed and any other works, according to the provisions of the law, only by legal and non-legal entities that have the proper accreditation and that the contracts have the terms and conditions for execution correctly stated;

          i) to respect all conditions and execution deadlines from the experts notice when they are doing maintenance works themselves or any other work;

          j) to allow, under contract, the execution of work on the historic monuments they own in the eventuality that they are paid and initiated by able legal entities;

          k) to allow the setting up and to maintain the sign that marks the building as a historic monument

          l) to obtain notice from the County authority for culture, cults and national cultural patrimony and to ensure proper visiting, photographing, filming, reproducing and publicity conditions in the case when, at their request, the monument is part of the public circuit;

          m) to communicate to the County authority for culture, cults and national cultural patrimony any changes in the tenure documents or any other administrative rights over the monuments.

THE RIGHTS OF OWNERS OF HISTORIC MONUMENTS

          The owners of historic monuments are excepted from the taxes due on buildings, with the exception of the spaces used for commercial or economic purposes.

          For the ground surface covered by historic monument building no tax on the terrain is paid.

          According to the law local council can reduce the taxes paid for undeveloped areas on terrains with historic monument status, in view of the surface and the time needed for the monument to be put in the public visiting circuit, as well as making them available for research.

          Any legal entities or persons are excepted from the pay of stamp duty if they inherit a building classified as a historic monument used as a personal residence or non-commercial activities and who submit a written document at the County authority for culture, cults and national cultural patrimony saying that during a time of 12 months they will execute restoration and consolidation works established by technical documentation.

          In justified situations and with notice from the County authority for culture, cults and national cultural heritage the term can be extended one, for another 12 months.

          In the case on unfulfilling in the terms and conditions of the law of the obligations taken by the owner at the date of acquisition of the property, as well as in the case of estrangement before the completion of consolidation or restoration works the stamp duty will be recuperated by the General Authority for Public Finance, on the basis of a report County authority for culture, cults and national cultural heritage.

          The above mentioned provisions are applied also to those whom obtain a building classified as a historic monument by donation.

          The free or onerous estrangement to the state or the administrative authorities of historic monuments is excepted from stamp duty.

          Owners of historic monuments are excepted from the payment of authorizations for executed works, according to law 422/2001, on the historic monuments owned, in the case they use the building only for non-commercial purposes or directly, for residence.

          Owners of buildings in the area of protection around a historic monument have a 50% discount of the taxes for work financed needed to maintain physical integrity of the built or natural framework for the historic monuments in accordance to the planning or improvement documentation approved for the area by a notice from the County authority for culture, cults and national cultural heritage.

The protecting of archaeological heritage

          Archaeological research is made by specialists registered in the Archaeologists Registry in accordance to the Rules for Archaeological Diggs in Romania, as well as following archaeological standards and procedures as stated in the Code of Conduct.

          The central administrative authorities and specialized institutions subordinated as well as local public authorities will collaborate and answer in accordance to the law for the protection of the archaeological heritage.

          Archaeological heritage goods are part and parcel of the national cultural heritage and can be classified as movable heritage, archaeological sites or historic monuments in accordance with the law.

          Discoveries of archaeological remains or movable goods which should be classified as movable patrimony, resulting from archaeological research will be announced to the competent authorities by the archaeological site manager (the one named in the research authorization) within 72 hours.

          Movable goods discovered will be taken by the institutions participating in the research in accordance to the agreement signed beforehand and to archaeological standards and procedures.

          Archaeological discoveries made by chance will be announced, within 72 hours to the mayor by the one making the discovery and to the owner or administrator of the land.

          The central administrative authorities and specialized institutions subordinated as well as local public authorities will collaborate and answer in accordance to the law for the protection of the archaeological heritage.

          Archaeological heritage goods are part and parcel of the national cultural heritage and can be classified as movable heritage, archaeological sites or historic monuments in accordance with the law.

          The certificate of archaeological clearance is the procedure that confirms that a land in which archaeological discoveries were made can be returned to the usual activities performed on it.

          The certificate of archaeological clearance is an administrative document emitted under the provisions of the said ordinance by which the protection of the land with previous archaeological findings is released.

          The certificate of archaeological clearance is emitted by the public services related to the Ministry of Culture.

          The preventive archaeological research and archaeological supervision are mandatory in the case of restoration projects, the supervision being included in the builder’s specification, and the expense account will be made on the basis of the research report made by the archaeologist.

          The areas with known archaeological patrimony, indicated and established in accordance to the law are to benefit from the protection given to protected areas.

          In the case of areas with archaeological chance discoveries at the moment of discovery a protective regime is established, for a time of no longer than 12 months for research purposes.

          Archaeological research is conducted on the basis of and in accordance with an authorization from the Ministry of Culture.

          The certificate of archaeological clearance is emitted by the public services related to the Ministry of Culture.

          Legal entities that possess and/or sell metal detectors are obliged to have an authorization from the County Police and be registered with them.

          The use and access with metal detectors on an archaeological site, in areas of archaeological interest and in areas with known archaeological patrimony is allowed only on the basis of an authorization from the Ministry of Culture.

          Until the archaeological clearance the land on which the research is conducted is protected as an archaeological sited under the provisions of the law.

          Authorization of construction and demolition regarding areas with archaeological patrimony is only approved on the basis of and in accordance with a notice from the Ministry of Culture.

          In the case of areas with archaeological patrimony discovered by chance, until an archaeological clearance can be made, the construction authorization is suspended and/or the mayor will stop the works, in accordance to the notice from the Ministry of Culture and archaeological supervision and digs are instated

          Owners and administrators of areas containing archaeological sites and areas of archaeological heritage have the obligation to allow access to authorized personnel for research and protection purposes as well as to ensure measures of protection for the heritage.

          Owners or tenants, legal entities or persons, are entitled to compensations for the agricultural revenues for the fields that are under archaeological research, for the time of the research, under the provisions of the law.

          The compensation for agricultural revenue is paid to the person entitled by the financer of the archaeological dig within 60 days of the start of the campaign.

          Bringing the terrain to its original condition is the duty of the financer.

          Owners of fields are excepted from the paying of taxes for agricultural property for the areas under archaeological research during the time it is conducted.

 

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