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Steps for Listing an Asset

Steps for Listing an Asset

Procedure for listing and de-listing immovable assets and for laying down a Special Protection Zone (ZEP)

Law no. 107/2001, of 8 September and Decree- Law no. 309/2009 of 23 October

1st STAGE – Opening of the procedure

1. Application procedure

Any interested party may start the procedure for listing an asset by filling out and submitting a document that can be found on DGPC’s website. The DGPC or the competent cultural regional directorate (DRC) may also start off the procedure.

1.1 External initiative (by any interested party)

Go to DGPC’s website, download, print and fill out the initial application form for listing immovable assets (due to technical difficulties, electronic submission is temporarily unavailable) and send it to DGPC or to the competent DRC along with the the supporting documentation .

1.2 Internal Initiative

This procedure may start off with a decision by the DGPC’s executive board or a proposal from a DGPC technician.

Upon receipt of the application, or the decision from the executive board, or the technician’s proposal, the asset is said to be “under study”.

2. Application assessment

The application is analysed by the DGPC or the competent DRC as to whether all elements have been sent, if they are relevant from the architectural point of view, and if they comply with the criteria laid down by Law no. 107/2001. The services will then write a technical report based on research and investigation about the asset, which will either lead to a proposal for opening up the procedure for listing or to a proposal to close the procedure.

2.1. Assessment of the application, decision or proposal

The application may be turned down at this stage for being unfounded, or it may be necessary to provide further details or to make changes to the application form. The applicant may also be called for a preliminary inquiry (within 20 days from submission of the initial application). The applicant may request that a decision be delayed for 10-45 days, or even postponed, or resumed irrespective of any changes being made to the application. Should the applicant fail to give an adequate response or to ask for a postponement, the application is turned down on grounds of non-conformity. 

 

2.2. Technical report

A proposal is made for opening the procedure (for listing or de-listing) or for closing it. If an asset qualifies for listing, there may also be a proposal for setting up a provisional special protection zone (ZEPP). The DGPC is required to take this decision within 60 days from receipt of the initial application form (without prejudice to any decision to make amendments and to submit further information) which can be delayed for another 60 days if a ZEPP is to be proposed.  Any proposal for de-listing has to be approved by the governing body (Secretary of State for Culture) before any decision is taken by the DGPC’s executive board.

 2.3. Proposal for setting up a ZEPP

The ZEPP is set up following a joint study by the DGPC, the DRC and the municipal council (CM) in case the general protection zone (ZP) of 50m from the property’s external limits (which is automatically in force from the date of the decision to open the procedure for classification) is found insufficient or inadequate for safeguarding and enhancing the property qualifying for listing. The ZEPP may include non aedificandi areas.

3. Decision to open the procedure for listing or de-listing

The procedure for listing or de-listing is normally completed within one year. However, in case of groups of buildings or sites, this procedure may take longer. Any interested party may report this delay within 60 days from the closing date, in which case the Central Administration will have to make a decision within 60 days or else the procedure will expire. The Director-general of the DGPC may postpone this delay, upon approval from the governing body, for a maximum of 120 days, which will require notifying all the interested parties. The latter may appeal against this deadline extension (120 days).

3.1. Publication in the Government Journal, 2nd Series

The DGPC sends an announcement of the decision to open the procedure to the Government Journal.

3.2. Notifications

All the interested parties receive notifications (owners, if less than 10, applicant and the municipal council).

3.3. Communication

The decision is communicated to the Directorate General for the Treasure and Finance (Directorate General for Infrastructure of the Ministry for Defence if a property belongs to the National Defence), the competent Land Registry, the Order of Architects, the Order of Engineers and the Heritage Protection Associations registered with the DGPC.

3.4. Dissemination actions

The decision to open the procedure and, if applicable, to lay down a ZEPP, is registered on the DGPC’s information system, as well as on the websites of the DGPC, the competent DRC and the municipal authorities.   

Following the notifications and publication of the announcement in the Government Journal, the property is “awaiting listing”. From that moment, and until a final decision is taken, all procedures for preliminary notifications and issuing of licenses and permits will be suspended, even if notifications have already been submitted. In case of ZPs and ZEPPs suspension will only occur if it has been explicitly anticipated in the opening decision. Applicants may request a lifting of the suspension, in which case the DGPC will have to take a decision within 40 days. An unfavourable decision may be followed by the identification of changes to be made for lifting the suspension. This will lead to amendments to the request. On the contrary, it the request is approved, a notification will be sent to the applicant as well as to the municipal council.

3.5. Objections

There may be objections or administrative impugnations to the decision to open a procedure or, if applicable, to set up a ZEPP. 

3.6. Rejecting an objection

The applicant is notified in case an objection has been rejected.

3.7. Accepting an objection

This acceptance implies revoking a decision to open a procedure and, if applicable, to set up a ZEPP or to close a procedure in accordance with clause 4. Decision to close the procedure.

4. Decision to close the procedure  

The procedure is closed by the DGPC.

4.1. Notifications

The applicant is notified of the decision to close the procedure. A copy of the process is then sent to the municipal council for assessing whether the property qualifies for listing as a municipal interest asset (IM). Once these steps have been taken, the procedure is “closed”.

4.2. Dissemination

The closing of the procedure is registered in the DGPC’s information system and published on its website as well as that of the competent DRC.

4.3. Objections

Even a decision to close a procedure may be objected to or impugnated.

4.4. Rejecting an objection

The applicant is notified in case an objection has been rejected.

4.5. Accepting an objection

This acceptance implies revoking a decision to close a procedure and, if applicable, to lay down a ZEPP and opening a new procedure for listing and laying down a new ZEPP in accordance with clause 3. Decision to open the procedure for listing or de-listing.

Once the notifications have been made and the announcement published in the Government Journal, the property is “awaiting listing”, with all the implications thereof that have been mentioned above

(suspension of all procedures for admission of preliminary notifications and issuing of licences and permits).

 

2nd STAGE – Setting up the procedure

At this stage, the DGPC may decide to extend the initial deadline for another year, except in case of sites and groups of buildings of public interest that have already been postponed.

5. Preliminary inquiries

5.1. Assessment of the application, decision or proposal

A preliminary document is prepared for setting up the procedure for listing (including the category and level of classification proposed). This document may also include a proposal for a ZEP (following a joint study by DGPC, DRC and the competent municipality) or a document for setting up the procedure for de-listing, both of which will be prepared by the DGPC or the competent DRC.

The procedure for setting up a ZEP (if not done simultaneously with the listing process) should be completed within 18 months from the publication of the listing provision.

5.2. Advice from the Advisory Council

All processes are submitted to the advice of the Section for the Architectural and Archaeological Heritage of the Culture National Council (SPAA of the CNC).

5.3. Draft Decision

A draft decision is drawn up for classification as a national interest/national monument (MN), public interest monument (MIP) public interest group of buildings (CIP) or public interest site (SIP) and/or for setting up a ZEP, or a draft project for de-listing or for closing the procedure.

6. Closing the Procedure

The procedure is closed by the DGPC.

6.1. Publication in the Government Journal, 2nd Series

The DGPC sends an announcement to the Government Journal for closing the procedure.

6.2. Notifications

All the interested parties receive notifications (owners, if less than 10, applicant and the municipal council). A copy of the process is then sent to the municipal council for assessing whether the property qualifies for listing as a municipal interest asset (IM).

6.3. Communications

The decision for closing the procedure is transmitted to the Directorate General for the Treasure and Finance (and, in case of property belonging to the National Defence, to the Directorate General for Infrastructure of the Ministry for Defence), the competent Land Registry, the Order of Architects, the Order of Engineers and the Heritage Protection Associations registered with the DGPC.

6.4. Dissemination

The closing of the procedure is registered in the DGPC’s information system and published on its website as well as that of the competent DRC.

6.5. Objections

There may be objections or administrative impugnations to the decision to close a procedure.

6.6. Rejecting an objection

The applicant is notified in case an objection has been rejected.

6.7. Accepting an objection

If an objection is favourable to the applicant, then a draft project is made for classification as a MN, MIP, CIP or SIP and/or for laying down a ZEP according to the procedure laid out in number 7. Listing or delisting.

 

7. Listing or de-listing

7.1. Publication in the Government Journal, 2nd Series

The DGPC sends the draft decision announcement to the Government Journal.

7.2. Notifications

All the interested parties receive notifications (owners, if less than 10, applicant and the municipal council).

7.3. Dissemination

The draft decision is registered in the DGPC’s information system and published on its website as well as that of the competent DRC and CM. The original process can be consulted at the DRC while a copy is sent to the CM.

7.4. Final report and draft decision

Should there be any remarks, the competent DRC will pronounce judgement within 15 days, following which the DGPC will write a Final Report. Once the final report is approved by the DGPC’s executive board, the final draft decision is submitted to the Government authority (Draft Legal Provision).

8. Objections

In case of any objections, these may be discussed by the Advisory Council (SPAA of the CNC) before the Director-general of the DGPC takes any decision.

8.1. Rejecting an objection

The applicant is notified in case an objection has been rejected.

8.2. Accepting an objection

This acceptance implies revoking the decision to open a procedure and close it, in accordance with clause 6. Closing the procedure.

9. Listing, de-listing or setting up a ZEP

The Final Draft Decision is submitted to the Governing body, who will decide whether to publish or refuse the legal provision. In case of refusal, that will be duly justified, the proposal will be returned to DGPC for altering or closing the procedure.

9.1. Publication in the Government Journal, 2nd Series

Publication of the final decision for listing/de-listing of public interest assets (MIP, CIP or SIP) and/or delimiting the special protection zone (ZEP) is done through an Ordinance issued by the Secretary of State for Culture; publication of the final decision for listing/de-listing of national interest assets (MN) is done through a Decree issued by the Council of Ministers following promulgation by the President of the Republic.

9.2. Notification of the final decision/publication

All the interested parties receive notifications (owners, if less than 10, applicant and the municipal council).

9.3. Communications

The decision is transmitted to the Directorate General for the Treasure and Finance for the purposes of exemption foreseen in no. 1 of article 44 of the Statute of Tax Benefits (and, in case of property belonging to the National Defence, to the Directorate General for Infrastructure of the Ministry for Defence), the competent Land Registry for the purposes of free registration, the Order of Architects, the Order of Engineers and the Heritage Protection Associations registered with the DGPC.

9.4. Dissemination

The decrees and ordinances for listing and/or defining protection zones are registered in the DGPC’s information system and published on its website, as well as that of the competent DRC and CM. The original process can be consulted at the DGPC or DRC.