Cultural heritage bond: what it is and what it entails when we want to build
Did you know that streets and squares in historic centers are protected assets? Let's find out what the cultural heritage protection obligation is
There are many factors to consider when preparing to design and build such an infrastructure road. We often focus on elements such as position and security, but there is another very important aspect to consider: the bond of protection of cultural heritage.
This tool is essential to guarantee the conservation and use of the historical and artistic heritage. It limits the right of private property to cultural property and imposes obligations and restrictions to the owners in order to preserve its historical, artistic and cultural value. Let's see in detail what it is.
What is the restriction of protection of cultural heritage
The cultural bond is an imposed limit from public law to private property, which concerns cultural heritage, justified by the community's interest in the conservation and use of such assets. After the issuance of an administrative provision, an asset can be declared cultural regardless of its owner or any subsequent changes of ownership.
The "declaration of historical-artistic interest” is the provision by which an asset is subjected to cultural restrictions. According to the Ministry of Cultural Heritage restricted cultural assets they cannot be destroyed or damaged or used in ways that are not compatible with their historical or artistic value, nor can they be subject to interventions that compromise their conservation. The owners are also responsible of their conservation. Those who own protected assets must collaborate with the offices responsible for ensure its protection and valorisation, respecting certain authorization obligations.
There are two types of constraints: direct and indirect. The direct constraint concerns an asset recognized as culturally relevant according to article 10 of legislative decree no. 42/2004. This implies a series of obligations and duties for the owner, such as conservation and restoration. The indirect constraint, on the other hand, refers to the restrictive provisions imposed on different goods that are in spatial relationship with the protected cultural heritage. In simple words, too the areas or properties located in the immediate surroundings of a protected property are required to guarantee its integrity, perspective, light, environment and decorative aspect.
This is often the case with located buildings or infrastructure near monuments, which require particular attention to preserve the context in which the primary cultural asset is located.
Owners of protected cultural assets can benefit from tax benefits on the income, on taxes relating to inheritance and donations and on the expenses necessary for maintenance and restoration. However, to carry out work on protected property it is mandatory to obtain prior authorization from the Superintendence.
Protection bond for cultural heritage and roads
When it comes to build a road or any other infrastructure if there is a cultural protection restriction, it must be carefully considered the impact that the intervention will have on the protected cultural property.
How? First of all, the manufacturer must obtain prior authorization from the competent Superintendence. This authorization requires a careful assessment of the impact of the proposed work on the cultural property and often involves the involvement of experts in the field of conservation and protection of cultural heritage.
During the evaluation process, several variables will be taken into consideration, such as the location of the infrastructure with respect to the cultural asset, the alteration of the historical-artistic context, the visual, acoustic and environmental impact on the surrounding area and other relevant factors. The goal is to find a balance between the development of necessary infrastructure and the preservation of cultural and historical values.
In some cases, you may be asked to change the path or design of the infrastructure to minimize the impact on the cultural heritage. In other cases, it may be necessary to take measures mitigation, such as the creation of acoustic barriers or the use of materials and construction techniques compatible with the surrounding environment.
Whether or not we find ourselves in a situation of protection constraint, opt for sustainable and recyclable materials that blend perfectly with the natural environment and the cultural context remains the winning choice. Choosing responsibly does not mean sacrificing quality and performance, but guaranteeing a better future for one and all sustainable and high-performance final product.
