Heritage Classification

Classification is the final act of the administrative procedure by which it is determined that a property has inestimable cultural value and is covered by the forms of protection and valuation provided by law.

The classification procedure applies to movable and immovable property and is provided for in Title IV of Law 107/2001 of September 8.

The classification of real estate is established by Decree-Law 309/2009 and the classification and inventory of movable property is established by Decree-Law 148/2015. The law provides three grades of classification: national interest, public interest and municipal interest. The classification of national interests and public interests is a competence of the State and the procedures are conducted by the Directorate General of Cultural Heritage in articulation with the Regional Directorates of Culture. The classification of municipal interests is a competence of the Municipalities, preceded by an opinion of the Directorate General of Cultural Heritage.

The immovable cultural property inscribed on the World Heritage List shall, for all intents and purposes, include the list of goods classified as being of national interest.

Requests for the classification of immovable property located in the northern region should be addressed to the Regional Directorate of Culture of the North, upon completion of the initial Request for the procedure for classification of immovable property. The most important elements of a classification application are:
A) Identification, location and description of the property, including location plan and photographic reporting;
B) Identification, whenever possible, of ownership, possession or other real right of enjoyment;
C) Grounds for the application.

The DRCN assesses the application or classification proposal and prepares technical opinions with proposals for classification or archiving and proposals to establish special protection zones, which are sent to the General Directorate of Cultural Heritage.

Article 17 of Law 107/2001 establishes the general criteria for assessment for classification or inventory:
A) The matrix character of the asset;
B) The genius of its creator;
C) The interest of the good as symbolic or religious testimony;
D) The interest of the good as a remarkable testimony of historical experiences or facts;
E) The aesthetic, technical or intrinsic material value of the property;
F) Architectural, urban and landscape design;
G) The extension of the good and what is reflected in it from the point of view of collective memory;
H) The importance of the good from the point of view of historical or scientific research;
I) Circumstances liable to decrease or loss of the perpetuity or integrity of the property.
Article 21 of Decree-Law 309/2009 further determines that during the instruction of the classification process the relevant cultural interest of the property must be documented, namely in the historical, paleontological and archaeological domains; Architectural, artistic, ethnographic, scientific, social, industrial, technical. The relevant cultural interest must demonstrate, separately or together, values ​​of memory, seniority, authenticity, originality, rarity, singularity or exemplarity.
In real estate classified as national interest and public interest, no intervention or work, inside or outside, nor any change in use that may affect it, in whole or in part, without express authorization and the monitoring of the organ Central government.

Steps in the procedure for classifying immovable property
Search for property classified and classified property under way

Protection zones

The immovable properties are, by default, a general protection zone of 50 meters counted from their outer limits. A special temporary protection zone may also be established when the general protection zone is insufficient or inadequate. However, the law states that these protection zones must be replaced by a special protection zone with the appropriate extension for the protection and valuation of the property, to be established simultaneously with the final decision of the classification procedure or within 18 months From the classification of the property.

The protection zones are designed to ensure that the interventions or works that are to be carried out in the surroundings of classified or newly classified properties do not jeopardize the landscape and the contexts which, by their An interpretative and informative relationship.

In the protection zones, no permits may be granted for construction works and for any work that changes the topography, alignments and ceramics and, in general, the distribution of volumes and coverings or the external covering of buildings without previous favorable opinion of the administration Cultural heritage. Protection zones may include non-aedificandi zones, where any type of construction is prohibited.