The Limited Times

Now you can see non-English news...

Can work be carried out near a historic monument?

2022-09-18T07:31:21.282Z


If you plan to redo the facade of your house or build a swimming pool, be aware that you will not be able to launch yourself headlong into the work if your property is located not far from a historic monument. Can work be carried out near a historic monument? Our answers.


The rules are strict in terms of protecting buildings that are part of our

historical heritage.

If it is not impossible to carry out work, planning permission or the agreement of the architects of the buildings of France may be required.

What is a historical monument?

Historical monuments, but also the surroundings of historical monuments, benefit from solid legal protection.

Overview of what it is imperative to know about historical monuments in order to understand their surroundings.

Read alsoHow to choose a craftsman?

Historic monuments are defined by law as property

"whose conservation presents, from the point of view of history or art, a public interest"

or which

"presents a historical or artistic interest sufficient to make its preservation desirable (article L621 of the Heritage Code)

.

In other words, the historic monument has a

heritage interest

such that it requires a particular legal status to ensure its conservation or preservation.

For example, the heritage interest of a property can be assessed with regard to:

  • his architecture

  • its authenticity

  • its rarity

  • its creation date

The historical monument can be:

  • A building: a castle, a church, a house, a barn, a farm, a stable, a laundry...

  • A movable object: a bell, an organ, a painting and its frame, a desk, a statue, a weapon, a funerary plaque...

  • A garden.

It can be built at any time and relate to any type of architecture.

Read alsoWhat do you know about the Père-Lachaise cemetery?

What is the legal status of the historical monument?

The law distinguishes 2 levels of protection for historical monuments.

  • Classification as

    historical

    monuments.

    This is the highest level of protection.

  • Registration

    as

    a historical monument.

The protection of the historical monument can be total or partial.

Read alsoHow France protects its heritage

To note

There are other protective measures, when the heritage interest is less.

The remarkable heritage sites or the small local heritage referred to in the PLU are examples of this.

Who decides on the protection of a historic monument?

The request for protection as a historic monument may come from its owner, the assignee, the regional prefect, the Ministry of Culture or any person having an interest therein.

Read alsoLois Malraux, historical monuments: the pitfalls to avoid

The protective measure is not decided at the same level according to the degree sought:

  • The classification as historical monuments is decided by the Minister of Culture, after consulting the National Heritage and Architecture Commission.

  • Registration as a historical monument is decided by the regional prefect, after consultation with the Regional Heritage and Architecture Commission.

Good to know

As of January 1, 2021, the Ministry of Culture estimates the number of buildings protected as historical monuments at 44,540. 14,235 buildings are classified and 30,305 buildings are listed.

What are the surroundings of historical monuments?

The law does not only protect historical monuments.

It extends its protection to its surroundings.

“Buildings or groups of buildings which form a coherent whole with a historic monument or which are likely to contribute to its conservation or enhancement are protected as surroundings

 ”

(article L621-30 of the Heritage Code)

.

In other words, with the approach, the law creates a reinforced protective case around the historic monument.

Read also Servitude of view: what are the regulations?

What is the perimeter of the surroundings of historical monuments?

The perimeter concerned by the surroundings can be delimited precisely.

Failing this, the protection for the surroundings applies to buildings located in the field of visibility of a historic monument less than 500 meters from it

(article L621-30 mentioned above)

.

The delimitation of the perimeter is proposed and validated by:

  • The architect of the buildings of France (ABF).

  • The town hall.

Read alsoHow to maintain and protect waxed concrete?

Are all works around historical monuments subject to authorisation?

Some works are subject to authorization.

The objective is to check that they will not harm the historic monument itself or its surroundings.

  • Work subject to the authorization of the Architect of the buildings of France

“Work likely to modify the exterior appearance of a building, built or unbuilt, protected as the surroundings are subject to prior authorization” (article L621-32 of the Heritage Code)

.

Read alsoLand use plan (POS): what is it?

The prior authorization referred to by law is the agreement of the Architect of the buildings of France (ABF).

It concerns, within the delimited perimeters of the surroundings, all work on the buildings protected by virtue of the surroundings.

In the absence of a delimited perimeter, work on buildings located in the field of visibility of a historic monument less than 500 meters from it.

And in the event that a project is located less than 500 meters from a historic monument but is not visible from the historic monument or at the same time as it, the work permit application file would not have to be subject to the agreement of the ABF

(

Written question, n°11148, JO of the Senate of September 26

)

.

The ABF ensures

(article L632-2 of the Heritage Code)

 :

  • That the work does not affect the historic monument or the surroundings of the historic monument.

  • Respect for the public interest attached to heritage, architecture, the natural or urban landscape, the quality of constructions and their harmonious integration into the surrounding environment.

To note

Only ordinary maintenance or repair work is not subject to any authorization under the Heritage Codes.

For example, cleaning, defoaming, sealing fittings, identical painting of ironwork or joinery, etc.

  • Works subject to additional planning permission

For some works, additional planning permission is required.

The prior declaration of works (DP) or the building permit comes in addition to the ABF agreement and must take it into account

(article R425-1 of the Town Planning Code)

.

The town planning permit required depends on the nature of the works envisaged around the historic monument.

For example (non-exhaustive list):

A prior declaration of work is necessary for:

  • A new construction of less than 20m2.

  • An extension, less than 20m2.

  • A facelift.

  • A new construction independent of the residential building, whatever its size.

  • A greenhouse, whatever its size.

  • A swimming pool, whatever the size of the pool.

  • A fence.

  • A wall.

  • Installation of solar panels.

Read alsoWhat are you allowed to do or not do in your garden?

A building permit is required for:

  • A new construction of more than 20m2.

  • An extension of more than 20m2.

  • A swimming pool enclosure.

  • A modification of the facade of the building.

  • A change of destination of the building.

How do I obtain authorization to carry out work near a historic monument?

The procedure for obtaining planning permission and the agreement of the ABF is centralized at the level of the town hall of the place of execution of the work.

  • Planning permission and work around a historic monument

When an application for planning permission, prior declaration or building permit is submitted to the town hall and the project is located next to a historic monument, the town hall sends a copy of the file to the

Departmental Unit of the architecture and heritage

(UDAP).

Read alsoDig a well in your garden: what steps?

The designated ABF examines the project and ensures that the work does not affect the conservation or enhancement of the historic monument(s) or the surroundings.

He then issues an opinion:

  • Be favorable.

  • Be supportive with prescriptions.

  • Or unfavorable.

This binding opinion is forwarded to the mayor.

  • The agreement on the permit or the decision of no opposition to the DP comes after the agreement of the ABF.

The deadline for the ABF to give its opinion is 1 month for prior declarations and 2 months for all permits.

It therefore increases the legal deadlines accordingly.

In case of silence of the architect of the Buildings of France, this agreement is considered given.

In the event of disagreement with the ABF, the town hall sends the file accompanied by its draft decision to the regional prefect, who decides after consulting the Regional Heritage and Architecture Commission.

In the event of silence, the prefect is deemed to have approved this draft decision.

Read alsoMy neighbour's tree is shading me, what should I do?

  • ABF agreement and work around a historic monument

Any request for work authorization must be submitted to the town hall of the municipality where the work is planned.

The town hall sends the file to the UDAD, for opinion.

This opinion is forwarded to the prefect of the department who makes a final decision.

To note

An appeal can also be exercised by the applicant on the occasion of the refusal of authorization to work.

It is then sent to the regional prefect, who decides.

How do I know if my house is near a historic monument?

Your town hall remains your privileged interlocutor to find out if your house is located near a historic monument.

You can also use the open heritage platform to find which buildings, movable objects or gardens are protected or listed as historical monuments.

Source: lefigaro

All news articles on 2022-09-18

You may like

Trends 24h

News/Politics 2024-03-28T06:04:53.137Z

Latest

© Communities 2019 - Privacy

The information on this site is from external sources that are not under our control.
The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.