Uchwała Rady Ministrów w sprawie wykorzystania zabytków nieruchomych na cele użytkowe

• Authors: Jaworski Tadeusz

Title variants

EN

THE RESOLUTION OF THE COUNCIL OF MINISTERS ON THE USE OF HISTORIC REALTIES

• Languages of publication: PL

Abstracts

EN

The article deals with 179 Resolution of the Council of Ministers of December 8th, 1978 on the public use of historic realties. At the outset of the article, the author lists reasons of issuing this legal document whose aims are: 1. to create conditions for a proper development of historic estates, in the first place it refers to the buildings owned by the State which are not used or are used in a wrong way, 2. to accord special rights and priorities to the users of such buildings, and 3. to determine to whom, when and in what legal form the state- owned historic realties can be handed over for the purpose of their development. When discussing the subject-matter of the Resolution, the author specifies historic monuments covered by the document. Further on, he comments upon paragraph 2 of the Resolution, on the basis of which socialized organizations planning some building projects must decide whether it is possible for them to realize their investment requirements through a proper development of historic realties unused or used in a wrong way. In this connection, the author describes a procedure of offering historic buildings for management and discusses situations in which socialized organizations may refuse them. Paragraph 4 is the next one under discussion; according to it tasks envisaged for the execution in historic monuments do not require a usual localization of investment. The transfer of historic buildings for public use may have the form of sale, hereditary use, tenure or leasing. It may be done on behalf of state-owned organizations, cooperatives, socialized bodies, corporate bodies like catholic church and also of physical persons and foreigners. The author discusses also paragraph 6 of the Resolution and points out various regulations of the Polish Law with regard to handing-over monuments and especially those referring to their taking-over by foreigners. The over-taking of monuments by the State is associated with a number of obligations specified in the law on the protection-of cultural property and museums. Here the law provides for certain additional obligations. The basic obligation is to bring the building back to a utilizable condition within 4 years from a take-over. Presented also are problems involved in handing monuments for hereditary use and options of pre-emption and repurchase, on the basis of which the State can again become the owner of valuable historic monuments. Another problem discussed therein is the share of the Ministry of Culture and Arts in costs of reconstruction or repair of the building. The participation of the Ministry of Culture and Arts in the reconstruction or repair of the historic building (covered with funds of a central budget) is agreed in each individual case upon the proposal of an organization or a physical person through a regional monuments’ conservator and cannot exceed 23 per cent of the total outlays. In exceptional cases the Minister of Culture and Arts can decide a higher share of the Ministry in expenditures on reconstruction or repair of a particular monument. The author specifies also what expenses can be borne by the Ministry of Culture and Arts and what form this assistance can assume from a legal point of view. The next issue discussed in the article is the problem of special rights accorded to users, introduced by the present Resolution. They are: — right to a financial aid from the Ministry of Culture and Arts in form of not repayable donation, — reduced taxes on investments (i.e. repair works in historic monuments), — priority rights to credits from the State on reconstruction or repair works, — very low rent paid for the site (and the building) taken for hereditary use, — priority to obtain building materials nesessary for the reconstruction or repair of monuments. Paragraph 16 of the Resolution, the last one to be discussed, obligates state administrative bodies and their subordinate organizations, monuments documentation centres, museums, archives and libraries to assist owners, users, design offices, building contractors and conservators with obtaining materials necessary to prepare design documentation, carry out works in monuments and also to make available all materials and information indispensable for establishing protective zones. When discussing individual legal norms the author gives their ratio legis, explains terms used and points at legal regulations associated with the present Resolution, having particular importance in putting it into practice. The final part of the article is devoted to describing the effects to be achieved in practice thanks to this Resolution of the Council of Ministers.

• Publisher: Narodowy Instytut Dziedzictwa
• Journal: Ochrona Zabytków
• Year: 1979
• Issue: 2
• Pages: 91-99

Dates

published

1979

Contributors

author

Jaworski Tadeusz

• mgr, Ministerstwo Kultury i Sztuki Warszawa