Law 15/2014, July 24, To Amend The Law 9/2003, Of 12 June, Of The Cultural Heritage Of Andorra

Original Language Title: Llei 15/2014, del 24 de juliol, de modificació de la Llei 9/2003, del 12 de juny, del patrimoni cultural d’Andorra

Read the untranslated law here: https://www.bopa.ad/bopa/026051/Pagines/lo26051004.aspx

lo26051004 law 15/2014, July 24, to amend the law 9/2003, of 12 June, of the cultural heritage of Andorra since the General Council in its session of July 24 2014 has approved the following: law 15/2014, July 24, to amend the law 9/2003, of 12 June , of the cultural heritage of Andorra preamble in article 12, first and second paragraphs, of the law 9/2003, of 12 June, of the cultural heritage of Andorra provides that the Decree of Declaration of a property as an asset of cultural interest (BIC) includes the classification that corresponds according to article 11, the delimitation of the area of protection and the architectural and urban planning criteria that govern the BIC and interventions on the environment protection , which according to the third section of the precept are executives from its publication and take precedence over urban development plans that will have to adapt.
On the other hand, article 80, first paragraph, letter i), of the Constitution of the Principality of Andorra the competition in urban matters in the Commons, which is collected in the article 4.6 of the qualified law of delimitation of competences of Commons November 4, 1993. Similarly, article 11 of the general law of spatial planning and urbanism of 29 December 2000 awarded to common competition in the drafting and approval of plans for planning and Urbanism (POUP), special plans, ordinances regulating the subsidiary legislation, the rehabilitation and the inner reform programs, sanitation and protection.
When declaring a property of cultural interest, the competence of the Government in the protection of cultural heritage and the competence of common in urban planning interact and may result in conflict, if you do not specify clearly the terms of the first.
Well, during these years of life of the law has been clear that the protection of the architectural and urban planning criteria and BIC that have been passing with a scope and a level of detail that has conditioned in excess the urban planning that is defined in the Commons, to the point of competence conflicts arise between the two administrations.
Appropriate, then, to restore the lost balance of competence, defining with more accuracy the areas or areas that make up the protective environments and limiting the scope of the related criteria, at the same time it is given a greater specific weight in the Commons in its implementation and in general in the process of Declaration of the BIC. It is ultimately the result of the above mentioned competence qualifications, ensuring that no interferences interferences occur when you check in a well of cultural interest.
To this end, it establishes the need for a report by the affected common prior to the Declaration of a property of cultural interest and the inclusion of a real estate in the general inventory of the cultural heritage of Andorra.
At the same time, regulate by law the different parts of the environment of protection that tend to anticipate when it declares a BIC, contemplating his accompanying area (zone 1) and the preventive area (zone 2).
Between these areas, it should be noted the accompanying area (zone 1), the area closest to the BIC, in respect of which establish the parameters to be taken into account to define clearly its limits.
Depending on the area of the protection of the environment in question, the criteria may contain requirements or common proposals.
The criteria which govern the BIC and interventions on the area 1 of the environment protection have the form of prescriptions that link with immediate effects and are executives from its publication. In this case, the POUP must necessarily adapt to them.
On the other hand, with regard to zone 2 of the environment protection, the criteria in the form of its proposals on the common, which must decide whether to accept and incorporate into the POUP. Just in case the common deemed appropriate to incorporate them in the planning, the same binding force and have executive.
This Bill is intended to also relieve the various procedures provided for in the law.
In addition, it includes the positive administrative silence, in accordance with the applicable legislation, the urban development works authorisations referred to in article 14.
Finally, modify the temporary protection referred to in transitional provision of the law for the declared monuments under the first additional provision, given that there are currently affected buildings that are in bad condition and require urgent action.
Articles that are proposed to modify and delete are as follows: Article 1 modifies article 2 of law 9/2003, of 12 June, of the cultural heritage of Andorra, which is worded as follows: "Article 2 Goods of cultural interest 1. The most important goods of cultural heritage of Andorra should be declared property of cultural interest by Decree of the Government, at the proposal of the Minister of culture, headline. The statement has to be motivated.
2. The procedure for declaration of a well of cultural interest is initiated by resolution of the Minister of culture, headline that must be communicated to the interested parties and, if it refers to a common, also in the real estate in question. The opening of the file takes place either ex officio or at the request of any interested person, entity or of the ordinary and the immediate application of provisional way good legal regime affected articles 14, 15, 19, 20 and 22 set for goods declared, including the corresponding sanctions. If the Ministry of culture, the owner decides not to start the file requested, should motivate your decision.
3. In the instruction of the transcript of statement you need to open a period of public information and to give audience to those affected. If this is a real estate, you need to obtain the common report where you are based on well, prior to the adoption of the Decree of declaration. The file must contain the required technical reports, which must be accompanied with the corresponding graphic documentation and detailed information on the State of conservation of the well.

4. The record of statement should be resolved in a maximum period of nine months from the date of opening. The expiry date of the file occurs after this period if the person or entity concerned or the corresponding common ask for the file of the proceedings and the Administration not dictates resolution within thirty days. Once expired, the file won't be able to start in three years, unless the holder of the right request before this deadline.
5. The opening of the case and the statement must be published in the official bulletin of the Principality of Andorra. The publication should not make reference to the ownership or economic value of the asset and, in the case of personal property, either to your location.
6. The Declaration of a well of cultural interest can only be left without effect by following the same procedure established for the Declaration. The justification of this decision must be duly registered in the record. "
Article 2 modifies the section 2 of the article 3 of law 9/2003, of 12 June, of the cultural heritage of Andorra, which is worded as follows: "2. The inclusion of a chattel or property in the inventory is made by resolution of the Minister of culture, owner with prior audience granted to the people affected. If this is a real estate, you need to obtain the corresponding common report. The resolution must be published in the official bulletin of the Principality of Andorra. "
Article 3 modifies section 1 of article 4 of law 9/2003, of 12 June, of the cultural heritage of Andorra, which is worded as follows: "1. The public authorities, in the exercise of its jurisdiction, must ensure the integrity of the cultural heritage of Andorra and nurture the knowledge, growth and dissemination; among other actions, they should support companies that keep and the network. Corresponds to the Government to define the policy in the field of cultural heritage and to coordinate the measures of protection, and the common run this policy through proper urban planning, incorporating all the criteria set by the Government for the accompanying area (zone 1) of the protection of the cultural asset and selecting those of zone 2 it may deem appropriate for the protection of the right in question and of the interests of the parish ".
Article 4 modifies the article 12 of the law 9/2003, of 12 June, of the cultural heritage of Andorra, which is worded as follows: "Article 12 Statement 1. The Declaration of a property as a property of cultural interest should include the following specifications: a) The class that is assigned to him in accordance with article 11.
b) delimitation justified their environment in the monuments and architectural ensembles, in the cultural landscapes and archaeological and paleontological areas. In the field of the environment protection on the following areas can be distinguished:-accompanying Area (zone 1). This area is the closest to the well of cultural interest and is constituted by the space immediately around it.
The boundaries of this area are defined, either by the estates, built-up or not, who studied directly with the good of cultural interest, or by the estates, built-up or not, that are included within a perimeter of 20 metres from the well of cultural interest according to sketch annex.
-Preventive Area (zone 2). This area includes the vineyards, built-up or not, you can alter the values of the good of cultural interest subject to protection, since it is located next to the well.
In the event that the same estate, built or not, is separated by the two areas mentioned, the lower portion will be subject to the regime applicable in the area where there is a greater surface area of the property.
2. The Decree of Declaration of a property of cultural interest should include the criteria that should govern the interventions on the right which has been declared of cultural interest and on the environment of protection defined in the Declaration.
3. The criteria provided for in the preceding paragraph contain, as appropriate, prescriptions or proposals in the common, general in nature, with the sole purpose of preserving the cultural, historical and aesthetic values of the well protected. In any case, can be exhaustive, nor does it establish the urban planning and construction of the affected area.
With respect to the interventions that can be hard on the right which has been declared of cultural interest and the accompanying area (area 1) the environment protection, the criteria in the form of its binding prescriptions and the common has to adapt the plan of arrangement and parish planning. With regard to the interventions in the preventive area (zone 2) the environment protection, the criteria have the form proposals in common, and are only binding and executives if the common decides to accept them and incorporate them into urban planning. Its contents and validity have effect from the date of publication of their incorporation in the development plan. These criteria are gradual and proportional depending on the area of the environment for the protection in question.
4. The resolution on initiation of file for the Declaration of a well of cultural interest can set the suspension of processing of the licenses of plotting, of work, construction or demolition that affect the right or the goods object of the file, up to the date of publication of the agreement on adaptation of the plan of arrangement and parish planning. If, by virtue of the Declaration of a property of cultural interest, will deny a license requested prior to the initiation of the claim, the applicant is entitled to be compensated by the Government for the cost of writing project and repayment of any fee already paid, as well as the corresponding legal interest. "
Article 5 modifies the second paragraph of article 13 of the law 9/2003, of 12 June, of the cultural heritage of Andorra, which is worded as follows: "2. The Government, by means of the decree referred to in article 12.2, may establish or propose, as appropriate, constraints on the building of environments for the protection of property mentioned in article 12.1. b) as long as they are justified by the need to preserve the items referred to in paragraph 1 of the present article.

In any case, will allow the works that are required for the maintenance, security, safety and compliance with the accessibility Law and, if necessary, to the minimum requirements of habitability. These limitations will be motivated and will prefer the less restrictive rules for individual freedom ".
Article 6 modifies the second paragraph of article 14 of the law 9/2003, of 12 June, of the cultural heritage of Andorra, which is worded as follows: "2. Once adapted the plan of arrangement and parish planning in accordance with the provisions of paragraphs 3 and 4 of article 12, the authorization of the works and interventions in architectural ensembles and in the surrounding area of protection corresponds to the common with the previous report and required the Ministry head of culture. "
Article 7 adds a new paragraph 5 to article 14 of law 9/2003, of 12 June, of the cultural heritage of Andorra, with the following wording: "5. The authorizations of the works referred to paragraphs 1, 2 and 3 of the present article are understood granted, by means of positive administrative silence, if within a period of three months is not expressly denied by the competent administration in accordance with the regime and the conditions established in the urban legislation in force. The tacit estimate will only be admissible if the request includes the pertinent documentation and has been presented in front of the ordinary and in front of the Ministry head of culture. "
Article 8 modifies the article 15 of law 9/2003, of 12 June, of the cultural heritage of Andorra, which is worded as follows: "Article 15. General criteria on the interventions 1. The historic landmarks cannot be demolished and must preserve the identity, integrity and authenticity.
2. In the historical monuments, cultural landscapes and archaeological and palaeontological zones, any intervention has carried out assuming the following criteria: a) permanent respect of the values that led to the Declaration of an asset of cultural interest, notwithstanding that, for the best adaptation of the right to use or to technical-architectural, needs can be authorized the use of elements, techniques and contemporary materials.
b) the conservation of the typological characteristics of spatial planning, volumetric and most important morphological of good.
c) cannot be completely or partially rebuild the well or there are addictions that falsegin its authenticity, with the exception of using original parts of the same.
d) cannot remove parts of the right, except that involve the deterioration of the goods or that eliminating allows a better historical framing. The reasons for the removal shall be based on the benefit of the maintenance and conservation of the goods.
3. The interventions of restoration carried out in monuments, architectural ensembles and cultural landscapes should be based on scientific principles and technical criteria.
4. It is forbidden the placement of advertising, cables and antennas in the monuments and on their protection environments, in architectural ensembles and cultural landscapes.
5. In the architectural sets must be maintained the urban structure and architecture and the characteristics of their environment and the silhouette of the landscape. "
Article 9 modifies article 16 of law 9/2003, of 12 June, of the cultural heritage of Andorra, which is worded as follows: "Article 16 protection Instruments. Use and management 1. The Declaration of a historical monument or a cultural landscape entails the obligation on the part of the administration or administrations concerned, to draw up an instrument of protection, use and management where you specify the criteria that should govern the interventions on the well of cultural interest and the accompanying area (area 1) the environment of protection and, if these Governments agreed to do so, also the criteria that should govern the interventions on the preventive area (zone 2). The final approval of the instrument, which must occur within a maximum period of eighteen months from the Declaration, corresponds to the body designated by the legislation, and requires necessarily the favourable report from the Government.
2. If at the time of the statement already exists an instrument of protection, use and management that affects the area declared, the Government, should determine if this instrument is sufficient to produce the effects envisaged in article 14.3, or whether it should be modified or supplemented in order to adapt to the criteria of good of cultural interest and accompanying area (area 1) the environment protection. "
Article 10 of the transitional provision modifies the law 9/2003, of 12 June, of the cultural heritage of Andorra, in turn amended by the single additional provision of law 16/2012, of 31 July, amending the general law of spatial planning and urbanism of 29 December 2000, which is written as follows : "transitional provision 1. As long as you have not been expressly defined, declared monuments protection environments are considered under the first additional provision the spaces included within a radius of 20 metres from the perimeter of the monument.
2. While it is not dictate corresponding demarcation decrees, cannot make any new construction or expansion of volume in the environments defined in paragraph 1.
There are, however, permitted the rehabilitation, comprehensive reform of the buildings, as long as they do not involve an increase in volume; and also of conservation and those that are required by the security, safety and compliance with the law on accessibility.
3. In the case set forth in the previous section, the favourable report of the services of Cultural heritage is considered granted if, within a period of two (2) months has not issued an unfavourable report duly motivated. In this case, the services of Cultural heritage should identify, in detail, the items of the project that should be subject to modification.
4. The interventions in the real estate that are contained within the environments defined in paragraph 1 must follow the procedure provided for in article 18. "
First transitional provision The assets of cultural interest which at the date of entry into force of this law they are declared, as well as their protection environments, continue to be governed by the decrees have been adopted and to the previous legislation.

In any case, there are enabled the conservation works which are required by the safety and health and the adjustments to the accessibility Law, without altering the aesthetic, historical and cultural values of the well protected.
The applications of works regarding real estate property of cultural interest no longer declared or his protection environments, which are as possible after the entry into force of this law, are subject to the regime of administrative silence provided for in article 7. "
Second transitional provision The proceedings for declaration of assets of cultural interest which are in writing on the entry into force of this law, you have to adjust to their determinations.
With regard to proceedings for declaration of assets of cultural interest which are processed to the entry into force of this law, public authorities have a period of one year from its entry into force to continue to be governed by the previous legislation or are subject to the provisions of the present law. "
Repealing provision derogates the article 47 of the general law of spatial planning and urban development, of 29 December 2000, amended by law 8/2006, of 21 June, by the law 06/2011, from 28 July, to law 16/2012, July 31st. "
Final provision 1. Modifies the article 42 of the general law of spatial planning and urban development, of 29 December 2000, amended by law 8/2006, of 21 June, by the law 06/2011, from 28 July, to law 16/2012, of 31 July, which is worded as follows: "The management plans and urban development are the parish and undevelopable qualify in all or some of the following divisions : agricultural and livestock, soil, forest soil zones of protection of waters, natural protection zones, routes of interest, areas exposed to natural hazards and land without specific designation "2. Modifies the article 51, paragraph 2, letter c) of the general law of spatial planning and urban development, of 29 December 2000, amended by law 8/2006, of 21 June, by the law 06/2011, from 28 July, to law 16/2012, of 31 July, which is worded as follows: "c) in areas of natural heritage , the burning of vegetation and the use of wood, and the tasks and equipment intended exclusively for the conservation, improvement and enjoyment of the Habitat and the rehabilitation and conservation of huts and agricultural buildings "3. Modifies the article 77 of the general law of spatial planning and urban development, of 29 December 2000, amended by law 8/2006, of 21 June, by the law 06/2011, from 28 July, to law 16/2012, of 31 July, which is worded as follows: "1. For the purposes of adopting the relevant protection measures Parish planning and urban development plans, should contain a list of the buildings, spaces, and elements of cultural, natural and historic attractions, monumental, and the itineraries of interest of the parish.
2. The assets of cultural interest are protected in accordance with the provisions of the law of cultural heritage of Andorra. In the event that a common included in the list contained in the plan of arrangement and parish planning other goods which are of cultural interest, the same common will define the degree of protection that should deserve. "
Casa de la Vall, July 24 2014 Vicenç Mateu Zamora Syndic General Us the co-princes the sancionem and promulguem and let's get the publication in the official bulletin of the Principality of Andorra.
François Hollande Joan Enric Vives Sicília and President of the French Republic and the Bishop of Urgell Co-prince of Andorra Co-prince of Andorra