Legal status of a monument entered into the register of monuments in a critical condition

Abstract

In the practice of legal transactions, the manner of handling an immovable monument entered in the register of monuments in a critical condition raises doubts. The technical condition and general condition of immovable monuments entered into the register of monuments vary greatly. Cultural assets are usually characterized by a high degree of vulnerability to degradation. Objects that are not properly secured are often in very poor condition and pose a threat to the life and health of people and the environment. The aim of the article is to address the question of a method that would allow for the development of a procedure for dealing with immovable monuments entered into the register of monuments whose technical condition poses a threat to people and the environment. The article uses the dogmatic- legal method of analysis of legal provisions concerning buildings entered in the register of monuments, with extensive use of the case law of administrative courts. Based on the research conducted, it was concluded that, due to its specificity, a historic building that has been destroyed is subject to conservation protection to the extent that its substance (material) still represents the values on the basis of which it was entered in the register of historic monuments. In conclusion, it is argued that the interpretation of legal provisions only allows for a limited answer to the question of the fate of an immovable monument entered in the register of monuments in a critical condition. The outcome of the authority’s decision will be determined by specific factual circumstances relating to each individual monument, including its condition (technical state), the values it retains or has lost, the possibility of preserving its authenticity, and the evidentiary material, which must be subjected to comprehensive assessment. Of exceptional importance in determining how to proceed with a monument in a critical condition is ensuring that the authority’s decision is grounded in and reflected by an exhaustive evidentiary basis.