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Works on or near a historic monument

Verified 31 January 2019 - Legal and Administrative Information Directorate (Prime Minister), Ministry of Culture and Communication

Due to their heritage, artistic or historical value, certain buildings are protected by a classification (ministerial decree or decree in the Council of State) or an inscription (by order of the prefect of the region or the minister in charge of culture) for historic monuments. The requirements for authorizing work are different for simple registration and for classification, which concerns the most interesting buildings and involves a more detailed inspection.

Listed building

Work on a building classified as historic monuments is not subject to a building permit, but to a special administrative authorization granted by the prefect of the region.

Without prior authorization, the classified building cannot be destroyed, moved (even in part), or be the object of restoration, repair or modification.

These include:

  • clearing, clearing, clearing, desouching on classified land;
  • consolidation, development, restoration, upgrading, upgrading;
  • on the interior parts classified: modification of horizontal or vertical volumes or distributions, modification, restoration, restitution or creation of second work elements or decorations, floors, carpentry, wall paintings, paintings, stained glass or sculptures;
  • perpetual installation of a movable object in a listed building, works to place installations either on the facades or on the roof of the building;
  • temporary installations with an area of more than 20 m² and a duration of more than 1 month on classified land.

Maintenance work and repairs shall not be subject to authorization.

Before undertaking any work on a listed building, the contractor or the owner must inform the regional conservation of historic monuments (CRMH) at the Drac: titleContent..

This referral opens the process of consultation with the State services, prior to work operations.

The consultation of the Drac, during the preparation of the studies program and during the preliminary draft summary (APS) for a complex project, allows to benefit from the scientific and technical control upstream.

The dialog may continue until the final preliminary draft (DPA), which allows the application for authorization of work to be submitted.

Online application for assistance in the construction of a historic monument (protected buildings or protected objects)

On site

The application for authorization must be sent in 4 copies to the territorial department of architecture and heritage (Stap), in whose department the building is located, by direct delivery against receipt.

Online application for authorization and/or grant of work on a historic monument (building, furniture, organ)

By mail

The application for authorization must be sent in 4 copies to the Territorial Department of Architecture and Heritage (Stap), in whose department the building is located, by registered letter with acknowledgement of receipt.

Online application for authorization and/or grant of work on a historic monument (building, furniture, organ)

In return, a registration number is provided, as well as the date before which the decision will be notified. This date is final if the file transmitted is complete.

The prefect of the region (via the Drac) has 6 months to take a decision on authorization or refusal. However, if the Ministry responsible for culture (Directorate-General for Heritage - DGP) decides to take a decision, the investigation period is 12 months.

If the Prefect of the Region (Drac) or the Ministry (DGP) has not responded to the deadline, the authorization is considered to be granted.

The authorization decision may contain certain requirements or reservations and specify the conditions for scientific or technical inspection by the services responsible for historic monuments.

The name of the architect behind the architectural project must be displayed on the ground with planning permission.

Warning  

the authorization shall lapse if the work is not undertaken within 3 years of the notification or tacit agreement of the prefect of the region, or if it is interrupted for more than 1 year. A request for an extension of 1 year may be granted if it is made 4 months before the expiry of the period of validity.

Once issued, the authorization for work on a listed building must be displayed in a visible manner from the outside during the duration of the work.

The work must be subject to declaration of start of construction to address to the town hall before the start of the construction.

The work is carried out under the scientific and technical supervision of the State services responsible for historical monuments (Drac).

The choice of the architect in charge of the work belongs to the sole owner. However, for restoration work on listed buildings, this choice must be made among the chief architects of historical monuments (ACMH) or among French or foreign architects with an equivalent level of qualification.

Work on classified State-owned historic monuments is obligatorily directed by the ABF for regular maintenance and repairs or by the ACMH for restoration work.

Any change in the nature and extent of the work must be the subject of a new application for authorization.

FYI  

any discovery made incidentally or in the course of work on a listed building relating to a new element relating to the history, architecture or decoration of the building must be immediately reported to the prefect of the region who can decide on the safeguard measures.

The harvesting of the work, i.e. the on-site verification of the conformity of the work with the work authorization, is mandatory for the work on a protected monument. It is carried out in liaison with the Drac.

Upon completion of the work, the prime contractor must submit the documentary record of the works performed (DDOE) in 4 copies to the contracting authority, who must transmit 3 copies to the Stap.

It is from the delivery of the DDOE that the Drac can verify the compliance of the execution with the given authorization, within 6 months.

The certificate of conformity of the works gives rise to a certificate from the prefect of the region, allowing the payment of the balance of any public subsidies and, in some cases, the obtaining of tax deductions for private owners.

Please note

the name of the architect behind the project and the date of completion of the work must be displayed on one of the exterior façades.

Registered building

Work on a building inscribed as a historic monument is subject to a planning authorization (building permit or declaration of work depending on the nature of the work).

Prior consultation is not mandatory for listed buildings but is recommended.

Prior to undertaking any work on a historic monument, the owner or builder must inform the Regional Conservation of Historical Monuments (RMH) at Drac: titleContent..

This referral opens the process of consultation with the State services, prior to work operations.

The consultation of the Drac during the preparation of the curriculum and during the preliminary draft summary (APS) for a complex project, allows to benefit from the scientific and technical control upstream.

The dialog may continue until the final preliminary draft (DPA), which allows the application for authorization of work to be submitted.

Online application for assistance in the construction of a historic monument (protected buildings or protected objects)

Repairs or alterations to a building listed as a historic monument shall be subject to building permit..

Work on a registered building that affects the consistency or appearance of the protected part of the building or that jeopardizes the conservation of the building must be the subject of a building permit.

If the work is to be accompanied by demolition, a request for demolition permit is required.

Similarly, if the work requires a clearing operation (digging) and/or a soil elevation of more than 2 meters and covering an area of 2 hectares or more (20,000 m²), it is necessary to obtain a development permit..

Works not subject to the planning code, such as the modification of gardens, works of roads or infrastructure, are subject to prior declaration under the Heritage Code.

The application procedure at the town hall is identical to that which applies to other buildings.

However, the decision granting the permit or the decision not to oppose the prior declaration must be taken after the agreement of the prefect of the region.

For works that do not require authorization (permit or prior declaration) under the Planning Code, the contracting authority must make a declaration in 2 copies, 4 months in advance. If no reply is received within 4 months, the authorization shall be deemed to have been granted. The administration can then oppose the work only by initiating a classification procedure.

The name of the architect behind the architectural project must be displayed on the ground with planning permission.

Once issued, the planning authorization must be displayed in a visible manner from the outside during the duration of the construction site.

Before the start of the work, the work must be declaration of start of construction address:

  • at the town hall,
  • the regional conservation of historic monuments in Drac.

The work is carried out under the scientific and technical supervision of the State services responsible for historical monuments (Drac).

The choice of the architect in charge of the work belongs to the sole owner.

Any change in the nature and extent of the work must be the subject of a new application for authorization.

FYI  

Any discovery made incidentally or in the course of work on a listed building and relating to a new element relating to the history, architecture or decoration of the building must be reported immediately to the prefect of the region who can decide on the safeguard measures.

When authorized work has been performed, a declaration of completion must be carried out in the town hall.

The harvesting of the work, i.e. the on-site verification of the conformity of the work with the work authorization, is mandatory for the work on a protected monument. It is carried out in liaison with the Drac.

Upon completion of the work, the documentary file of the work performed (file of works executed -DOE) is delivered in 4 copies by the supervisor to the supervisor who must transmit 3 copies to the Stap.

It is from the delivery of the DOE that the Drac can verify compliance with the given authorization, within a period of 6 months.

The certificate of conformity of the works gives rise to a certificate from the prefect of the region, allowing the payment of the balance of any public subsidies and, in some cases, the obtaining of tax deductions for private owners.

Protected Perimeter

Work on a building located near a listed or listed monument, said work in the vicinity of a historical monument, are subject to planning permission in certain cases and under certain conditions.

The obligation to obtain a planning authorization relates to works on:

  • a building that is leaning against a listed building, that is, in contact with that building (in elevation, on the ground or in the basement);
  • a building that forms a coherent whole with a historic monument or that contributes to its conservation or presentation;
  • an unprotected part of a partially classified building;
  • a building within the field of view of a listed or listed building (if visible from or visible at the same time as the monument) and located within 500 m of the monument;
  • a building situated within an adapted or modified protective perimeter that has become boundary delimited perimeters (ADP)..

Derogations from the protected 500 m perimeter can be taken on the proposal of the architect of the French Buildings (ABF).

The planning permission required depends on the nature of the work:

  • building permit in the event of a change of destination of the premises or of an addition of more than 20 m²;
  • demolition permit in the event of demolition;
  • development permit if the work requires a clearing operation (digging) and/or a soil elevation of more than 2 meters covering an area of 2 hectares or more (20 000 m²);
  • prior declarationunder the planning code, if the works create between 5 and 20 m² of floor surface or Ground Right of Way ;
  • prior approval if the work changes the exterior appearance of the building.

The application procedure at the town hall is identical to that which applies to other buildings.

However, the decision granting the permit or the decision not to oppose the prior declaration must be made after the ABF has agreed.

Works that are not subject to a permit or to the prior declaration under the Planning Code are subject to authorization by the prefect of department, under the Heritage Code, given after an opinion of the ABF. The request must be sent in 3 copies to the town hall.

The name of the architect behind the architectural project must be displayed on the ground with planning permission.

Once issued, the planning authorization must be displayed in a visible manner from the outside during the duration of the construction site.

The work must be subject to declaration of start of construction to address to the town hall before the start of the construction.

The choice of the architect in charge of the work belongs to the sole owner.

Any change in the nature and extent of the work must be the subject of a new application for authorization.

Tax Advantages

Work on buildings protected by a classification or inscription for historic monuments, because of their heritage, aesthetic or historical value, may allow their owner to benefit from a tax deduction, under certain conditions.

Private owners, except SCI: titleContent not subject to corporate tax, may benefit from tax measures on the part of the restoration work of listed or listed historical monuments remaining in their charge, provided that they retain ownership of these buildings for at least 15 years from their acquisition.

The owner's share of the cost of the work remaining on a listed or listed building is deductible at 100% of income tax:

  • when the monument is open for inspection;
  • whether the work is subsidized by the State.

If the work is not subsidized by the State, the deduction shall be 50%..

A building is considered open to visitors as soon as it is opened:

  • 50 days a year, including 25 non-working days (Sundays, public holidays) between April and September;
  • 40 days during the months of July, August and September.

To benefit from this, the certificate of conformity drawn up by Drac at the end of the work must be provided to the tax services.

FYI  

works may also be exempted from development tax, provided that the municipality or EPCI has approved the exemption in part or in full from the municipal, departmental or regional share.

Funding of works

The owner of a building classified or listed as a historic monument must finance the studies and the work.

However, it may request financial assistance from:

  • the State (Drac) and local authorities;
  • foundations or private companies in the framework of the patronage act..

For classified monuments, there is no maximum rate for the financial contribution of the State. In practice, it rarely exceeds 40% to 50% the cost of the work (excluding tax, for buildings owned by local authorities).

For listed buildings, the State's participation is limited to 40% maximum of the subsidizable expenditure.

Restoration and repair or maintenance work may be subsidized.

New extension or fit-up works are excluded.

The State grant may be awarded on the basis of several factors: budgetary availability, urgency of the operation, contributing capacity of the project leader, possible participation of other communities, openness to the public, in particular.

For restoration or repair work, the grant is granted only if the work authorization is issued.

In the absence of a reply within 6 months from the date on which the dossier is complete, the grant application shall be deemed to have been refused.

In addition, work on buildings protected by a classification or inscription for historic monuments may allow their owner to benefit from tax deductions (under certain conditions).

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