JUAN CARLOS I King of Spain to all that the present join together and Act, know: that the Cortes generales have approved and I come in to sanction the following law: preamble the Spanish historical heritage is the main witness of the historical contribution of the Spaniards to the universal civilization and its contemporary creative ability. The protection and enrichment of the assets that comprise it are fundamental obligations that are binding on all public authorities, according to the mandate that directs the article 46 of the constitutional standard to the same.
Demands, which in the first third of the century constituted a similar mandate to the legislator, were exemplary fulfilled by the protagonists of our best intellectual, legal and democratic tradition, as it is good shows the positive legacy received from the law of May 13, 1933. Despite this recognition, the truth is the recovery for our people of their freedom determined that, from the first moments in that happy historical process was consummated, will undertake the task of developing a new and more comprehensive legal response to such demands, a true code of our historical heritage, in which future projects comprise from the accumulated experiences.
The need was felt, first, because of regulatory dispersion that, over half a century has elapsed since the entry into force of the venerable law, has produced in our legal system multitude of formulas with which wanted to confront situations specific at that time not envisaged or non-existent. It is also derived this obligation of the growing concern on this subject by the international community and their representative bodies, which has generated new approaches for the protection and enrichment of historical and cultural assets, which have resulted in conventions and recommendations, which Spain has signed and notes, but that its domestic legislation was not adapted. Finally, the legal review is imposed by a new distribution of powers between State and autonomous communities which, in relation to such goods, emanates from the Constitution and the statutes of autonomy. This law is dictated, therefore under rules contained in paragraphs 1 and 2 of article 149 of our Constitution, which for the legislature and State administration pose both a mandate and a competitive title.
This law establishes a new definition of heritage and significantly expands its extension. It covered the movable and immovable property which constitute them, archaeological heritage and the ethnographic, museums, archives and State-owned libraries, as well as the documentary heritage and bibliographic. You are looking for, in short, to ensure protection and promote material culture due to the action of the man in the broad sense, and conceives it as a set of goods, which themselves have to be appreciated, without establishing limitations arising from their property, use, age or economic value.
This does not imply that protection and promotion measures are deployed uniformly over the whole of goods that are considered members, under the Act, of our historical heritage. The law provides different levels of protection that correspond to different legal categories. The more generic and gives name to the law's historical heritage Spanish, this consisting of all those historic, artistic, scientific or technical value goods that make up the contribution of Spain to the universal culture. In around this concept essential enforcement measures are structured and required techniques of intervention that are the responsibility of the State administration, in particular, its defense against the illegal export and its protection from the looting.
At the heart of the Spanish historical heritage, and in order to give greater protection and guardianship, acquires a singular value category of assets of Cultural interest, which extends to the movable and immovable property of that heritage that is most glaring, require such protection. Similar category implies also singular measures established by law depending on the nature of the goods on which it rests.
The Act also required formulas to make this assessment possible, because the defense of the historical heritage of a town should not be performed exclusively through norms which prohibit certain actions or limit certain uses, but from provisions that encourage their conservation therefore allow your enjoyment and facilitate their growth.
So the law stipulates a set of fiscal and tax measures and opens certain new runways that placed Spain on a horizon similar to that now provided in countries next to ours by its history and its culture, and, consequently, by its heritage collection. Thus encourages an appropriate policy to manage effectively the Spanish historical heritage. A policy that complements stock Watcher with the encouragement of educational, technical and financial, in the belief that historical heritage is increasing and defends best the more consider this to people living with it, but how much more aid are established to serve it, with the logical benefits to society when are public authorities who facilitate those.
The Spanish historical heritage is a collective wealth that contains the expressions more worthy of appreciation in the Spanish historical contribution to universal culture. Provides its value the esteem which, as an element of cultural identity, deserves to the sensitivity of the citizens, because the assets that comprise it have become heritage due exclusively to social action meeting, directly derived from the appreciation with which the citizens have been revalued them.
Accordingly, and as ultimate goal, the law does not seek but access to goods that are our heritage. The measures of protection and promotion under the Act only sense if, in the end, they lead to more and more citizens to contemplate and enjoy works that are a legacy of the collective capacity of a town. Because in a democratic State these goods must be adequately put to the service of the community in the belief that with your enjoyment he is facilitating access to culture and this, ultimately, is sure way towards the freedom of the people.
TITLE preliminary provisions general article first 1. They are subject to this law the protection, enhancement and transmission to future generations of the Spanish historical heritage.
2. integrate the Spanish historical heritage buildings and furniture objects of artistic, historical, paleontological, archaeological, ethnographic, scientific or technical interest. Also part of the bibliographic and documentary heritage, sites and archaeological sites, as well as natural sites, gardens and parks, having artistic, historic or anthropological value.
3. the most relevant assets of the Spanish historical heritage must be inventoried or declared of cultural interest in the terms provided for in this law.
Second item 1. Without prejudice to the competencies that apply to other public authorities, are duties and responsibilities of the administration of the State, in accordance with the provisions of articles 46 and 44, 149.1.1, and 149.2 of the Constitution, guarantee the conservation of the Spanish historical heritage, as well as promote the enrichment of the same and encourage and protect all citizens access to goods that fall on it. Also, in accordance with article 149.1, 28, of the Constitution, the Government will protect such property as against the looting and illicit export.
2. in relation to the Spanish historical heritage, the administration of the State shall take necessary measures to facilitate their collaboration with other public authorities and that of these, as well as to collect and provide much information was accurate for the purposes indicated in the preceding paragraph.
3. to the administration of the State compete equally the international dissemination of knowledge of the goods involved in the Spanish historical heritage, the recovery of such property when they had been illicitly exported and Exchange, with respect to the same, cultural, technical and scientific information with other States and with international organizations, in accordance with that established in article 149.1 , number 3, of the Constitution. Other competent administrations will collaborate to this end with the administration of the State.
Article three 1. Communication and the exchange of programmes of action and information concerning the Spanish historical heritage will be issued by the Council of the historic heritage, consisting of a representative of each autonomous community, appointed by its Governing Council, and Director-General for the administration of the State, who will act as President.
2. without prejudice to the functions attributed to the historical heritage Council, consultative institutions in the administration of the State, for the purposes provided in this law, the Rating Board, assessment and export of goods of the heritage historical Spanish, the Royal Academies, Spanish universities, the Superior Council of scientific investigations and superior joints that the Government determines by regulatory means they are , and that may affect one autonomous community, the recognized institutions for her. All of this regardless of the advice, where appropriate, can refer to other professional bodies and cultural institutions.
A fourth article this law effects is meant by robbery any action or omission which put in danger of loss or destruction all or any of the values of the assets that comprise the Spanish historical heritage, or disturb the fulfillment of its social function. In such cases the administration of the State, irrespective of the competences that correspond to the autonomous communities, at any time, you can interest the competent Department of the Council of Government of the autonomous community corresponding adopting conducive measures urgently to prevent the looting. If you desatendiere the requirement, the administration of the State shall ensure for the recovery and protection, both legal and technical, of the application property.
Fifth article 1. For the purposes of the present law refers to export the output of the Spanish territory of any of the assets that comprise the Spanish historical heritage.
2. the owners or possessors of such goods with more than a hundred years old and, in any case, of those enrolled in the General inventory provided for in article 26 of this law shall be for export express prior authorization from the administration of the State in the form and conditions established by regulatory means.
3. Notwithstanding provisions in the preceding paragraph, and without prejudice to of what laid down in articles 31 and 34 of this law, is prohibited the export of the goods declared of cultural interest, as well as those others which, by its membership of the Spanish historical heritage, the Government declare expressly inexportables, as interim until is incoe record to include the well in any of the categories of special protection provided for in this law.
Sixth article effects of this law refers to as the competent bodies for execution: to) that in each autonomous community are in charge of the protection of the historical heritage.
b) the of the administration of the State, when so indicated expressly or their intervention is necessary for the defense against the illegal export and the spoliation of the assets that comprise the Spanish historical heritage. These bodies will also be the competent with respect to the members of the Spanish historical heritage assets attached to public services managed by the administration of the State or which form part of the national heritage.
Article seven the city councils shall cooperate with the competent bodies for the implementation of this law in the conservation and safekeeping of the Spanish historical heritage, understood in its municipal, adopting appropriate measures to prevent its deterioration, loss or destruction. They shall notify the competent administration any threats, damage or disruption of their social function that such goods, as well as difficulties and needs that take care of these goods. They will also exert other functions that have expressly conferred under this Act.
Eighth article 1. People who observe danger of destruction or deterioration of a member of the Spanish historical heritage well shall, in the shortest time possible, inform the competent administration, who will check the object of the complaint and shall act pursuant to the provisions in this law.
2 will be public action to enforce before administrative bodies and the administrative courts than expected in this law for the defense of the members of the Spanish historical heritage assets.
FIRST title of the Declaration of assets of Cultural interest ninth article 1. They shall enjoy singular protection and guardianship declared members of the Spanish historical heritage assets of cultural by Ministry of this law or by Royal Decree on an individual basis.
2. the statement by Royal Decree will require prior initiation and processing of administrative proceedings by the competent authority, as referred to in article 6 of this law. The record must include favourable report of consultative institutions referred to in article 3, paragraph 2, vr or who have recognised identical character within the scope of an autonomous region. After three months from the request for the report without this had been issued, means that the requested opinion is favourable to the Declaration of cultural interest. When the record relates to real estate opening a period of public information shall have, in addition, and will be hearing the interested municipality.
3. the record must resolve within a maximum period of twenty months from the date on which has been initiated. Record expiration will occur within that period if it has alleged the mora and has not relapsed resolution in the four months following the complaint. Expired the record will not be allowed to start in the next three years, except at the request of the holder.
4. do not it may be declared good of Cultural interest the work of a living author, unless there is express permission of its owner or its acquisition by the administration.
5 ex officio or at the request of the holder of a direct and legitimate interest, may be processed by the competent agency administrative file, which should contain the favorable and reasoned report of consultative institutions, to be agreed by Royal Decree that the Declaration of a particular asset of Cultural interest is without effect.
Article 10 any person may request the initiation of record for the statement of an asset of Cultural interest. The competent body shall decide if proceedings have been initiated. This decision and, where appropriate, issues and resolution of the record be notified who urged him.
Article 11 1. The initiation of record for the Declaration of a property of Cultural interest will determine, in relation to the affected well, the provisional application of the same protection regime envisaged for the declared property of cultural interest.
2. the resolution of the dossier that declared an asset of Cultural interest should describe it clearly. In the case of real estate, delimit the environment affected by the Declaration and, where applicable, she is defined and they listed the integral parts, belongings and the accessories included in the Declaration.
Article 12 1. The declared property of cultural interest will be registered in a General registration dependent on the administration of the State whose organization and operation shall be determined by rules of procedure. The initiation of these records, which will cause the corresponding preventive annotation until taken final decision will be notified to this record.
2. in the case of real estate should be made by any of the concepts mentioned in the article 14.2.
3. in the case of monuments and historic gardens competent administration also will urge ex officio the free registration of the statement in the registry of property.
Article 13 1. The declared property of cultural interest is les issued by the General Register an official certificate that identifies them and in which all the artistic or legal acts that occur on them will be reflected. Transmissions or transfers of such property shall be entered in the register. According to the rules will be set the shape and character of this title.
2. in addition, the owners and, where appropriate, the holders of rights in rem over such property, or those who possess them for any title, are obliged to allow and facilitate its inspection by the competent bodies, the study researchers, upon reasoned request from these, and visiting public, in conditions of gratuity to be determined according to the rules, at least four days a month in days and hours previously designated. This last obligation may be dispensed total or partially by the competent administration when mediate cause justified. In the case of movable tank is may also agree as a substitute obligation of good in a place that meets the appropriate conditions of security and display for a maximum period of five months every two years.
Title II of the immovable property article 14 1. For the purposes of this Act have the consideration of real estate, in addition to those listed in article 334 of the Civil Code, how many items they deemed inherent with buildings and part of the same or of his I exorno, or they have formed it, although in the case of power be separated constitute a whole perfect easy to apply to other buildings or uses other than his original whichever matter they are formed and although their separation does not harm visibly historical or artistic merit of the property to which they are attached.
2. the real estate integrated into the Spanish historical heritage can be declared monuments, gardens, ensembles and historical sites, as well as archaeological sites, all of them as assets of Cultural interest.
Article 15 1. They are those real estate that constitute realizations architectural or engineering, or colossal sculpture works provided that they have historic, artistic, scientific or social interest.
2 historical garden is space delimited, product management man of natural elements, sometimes supplemented with factory structures, and estimated interest according to their origin or history or aesthetic, sensory or botanical values.
3 historic is the grouping of real estate which form a settlement unit, continuous or dispersed, conditioned by a physical structure representative of the evolution of a human community to serve as testament to their culture or constitute a value of use and enjoyment to the collectivity. It is also historic any individualized core property included in a top unit of population that meet those same characteristics and can be clearly delimited.
4 historical site is the place or natural landscape tied to events or memories of the past, popular traditions, cultural creations or works of man and nature, having historical, ethnological, paleontological or anthropological value.
5 archaeological site is the place or natural landscape where there are likely to be movable or immovable goods studied archaeological methodology, or not taken and whether they are on the surface, underground or under the Spanish territorial waters.
Article 16 1. The initiation of record of Declaration of cultural interest with respect to real property determined the suspension of the relevant municipal licenses of allotment, construction or demolition in the affected areas, as well as the effects of those already granted. Works that were to be done on an urgent basis in such areas by reason of force majeure shall be, in any case, authorization of the competent bodies for the implementation of this law.
2 suspension as it referred to above will depend on resolution or initiated record aging.
Article seventeen in processing the case of declaration as a historic-Cultural interest should be considered its relations with the territorial area to which it belongs, as well as the protection of the landforms and landscapes that make up your environment.
Article eighteen a property declared good of Cultural interest is inseparable from its environment. You may not proceed to their displacement or removal, unless it is required due to force majeure or social interest and, in any case, in accordance with the procedure laid down in article 9th, paragraph 2, of this law.
Article nineteen 1. The monuments declared of Cultural interest in it may not be interior or exterior work directly affecting the property or any of its component parts or belongings without express authorization of the competent bodies for the implementation of this law. The same authorization is mandatory to place any kind of sign, signal or symbol in facades or roofs, as well as to perform works in the environment affected by the statement.
2 works affecting historical gardens declared of cultural interest and its surroundings, as well as placing them in any kind of sign, signal or symbol, will need authorization from the competent bodies for the implementation of this law.
3. the placement of commercial advertising and any kind of cables, antennas and apparent pipelines in the historic gardens and the façades and roofs of declared monuments of cultural interest is prohibited. It also prohibits all construction that alters the character of the property referred to in this article or disturb his contemplation.
Article 20 1. The Declaration of a historic, historic site or archaeological site, as assets of Cultural interest, determine the obligation for the municipality or municipalities in which are found draw up a Special Plan of protection of the area affected by the Declaration or other instrument of planning under planning legislation which meets the requirements of this Act in any case. The approval of such a Plan will require the favourable report from the competent administration for the protection of cultural property affected. Issued after favourable report means three months from the filing of the Plan. The obligatory nature of such a Plan may not excuse themselves in the pre-existence of other contradictory planning with protection, or in the absence of prior general planning.
2. the Plan referred to in the preceding paragraph shall establish for all public uses the priority order of their installation in buildings and spaces that are suitable for this purpose. It will also address possible areas of integrated rehabilitation that will allow the recovery of the residential area and appropriate economic activities. It must also contain criteria relating to the preservation of facades and roofs and facilities on them.
3. up to the final adoption of such licensing or enforcement of those granted Plan before brought the declarative file of the historic, historic site or archaeological site, shall at least favourable resolution of the competent administration for the protection of the affected goods and, in any case, will not be allowed new alignments, changes in buildability, subdivisions or aggregations.
4. Since the final approval of the Plan referred to in this article, the interested municipalities shall directly authorize the works that develop the approved planning and that only affect properties that are not monuments or historical gardens or are included in your environment, and must report to the competent authority for the implementation of this law of authorisations or licences granted within a maximum period of ten days from its issuance. The works carried out under cover of licenses contrary to the approved Plan will be unlawful and the competent administration may order its reconstruction or demolition charge the Agency which granted the licence in question, without prejudice in the urban legislation on responsibilities for violations.
Article 21 1. In the planning instruments concerning historical sites will be cataloging, as provided in the urban legislation, the unitary elements that make up the whole, both built buildings and outdoor spaces or interior, or other significant structures, as well as natural components that accompany it, the types of possible intervention. It will dispense unique elements an integral protection. For the rest of the elements an adequate level of protection shall be fixed, in each case.
2. exceptionally, a historic Protection Plan may permit urban remodeling, but only in the event that imply an improvement in its relations with the territorial or urban environment or avoid degrading applications for the own set.
3. the conservation of historical datasets declared of Cultural interest involves the maintenance of urban and architectural structure, as well as the General characteristics of its environment. Replacements of real estate, are considered exceptional even if they are partial, and they may be made only in so far as they contribute to the general preservation of the character of the whole. In any case, keep the existing urban alignments.
Article 22 1. Removal of land that projects make to a historic site or an archaeological zone declared of Cultural interest or any work must be authorised by the competent administration for the protection of such property, that may, before granting the authorization, order carrying out prospecting and, where appropriate, archaeological excavations, in accordance with the provisions of title V of this law.
2. the placement of any kind of commercial advertising, as well as cables, antennas and apparent pipelines in the archaeological zones shall be prohibited.
Article 23 1. Licenses for carrying out works that, as provided for in this law shall require any administrative authorization until it has been granted may not grant.
2. the works without complying with the provisions of the preceding paragraph will be illegal and councils or, where appropriate, the competent administration of the Spanish historical heritage protection can order its reconstruction or demolition charge the person responsible for the infringement in the terms required by the urban planning legislation.
Article 24 1. If despite the provisions of article 36 should be brought record of ruin of a building affected by record of Declaration of assets of Cultural interest, the competent authority for the implementation of this law shall be entitled to intervene as interested in the file, and you must be notified the opening and resolutions adopted within the same.
2. in no case you can proceed to the demolition of a building, without prior firmness of Declaration of ruin and authorization of the competent authority, which shall not granted it without supporting at least two consultative institutions report referred to article 3.
3 if there is urgency and imminent danger, the entity that had brought ruin record shall order appropriate measures to avoid damage to persons. Works which, by reason of force majeure, had carried out do not give rise to acts of demolition which are not strictly necessary for the conservation of the property and in any case require the authorization provided for in article 16.1, must be also foresee if the replacement of the removed elements.
Article 25 the competent authority may order the suspension of the works of total or partial demolition or change of use of the non-declared members of the Spanish historical heritage property of cultural interest. This suspension may last a maximum of six months, within which the competent administration in urban planning should resolve on the origin of the initial approval of a special plan or other protective measures provided for in the urban legislation. This resolution, which shall be communicated to the body which had ordered the suspension, will not prevent the exercise of the authority provided for in article 37.2.
Title III of the collateral article 26 1. The administration of the State, in collaboration with other competent authorities, provide the General inventory of those movable of the Spanish historical heritage not declared of cultural interest which have singular relevance.
2. for the purposes referred to in the preceding paragraph, the competent administrations may obtain rights holders on the movable property of the Spanish historical heritage the examination thereof, as well as relevant information, for inclusion, if appropriate, in the inventory.
3. owners and other holders of rights in rem over movable of remarkable historical, artistic, archaeological, scientific, technical or cultural value, may submit application properly documented before the competent administration, to begin the procedure for inclusion of such property in the General inventory. The decision on this application shall lie within a period of four months.
4. the owners or possessors of the movable property having value and features that are designated by law are obliged to communicate to the competent authority the existence of these objects, prior to sale or transfer to third parties. Equal obligation is established for persons or entities habitually engaged in trade in the movable property of the Spanish historical heritage, which must, in addition, formalized before the Administration a record book of transmissions which perform on those objects.
5. the Organization and functioning of the General inventory shall be determined by rules of procedure.
6 a the members of the Spanish historical heritage collateral included in the General inventory apply them the following rules: to) the competent administration may at any time inspect its conservation.
(b) their owners and, where appropriate, other holders of rights in rem over them are required to allow their study the researchers, upon reasoned request, and to provide them with appropriate safeguards, to temporary exhibitions organized by the bodies referred to in article 6 of this law. It shall not be required to make these loans for a period longer than one month per year.
(c) the transmission by acts inter alive or mortis causes, as well as any other changes in the status of the goods shall communicate to the competent authority and recorded in the General inventory.
Article twenty-seven members of the Spanish historical heritage movable property may be declared of cultural interest. They will have such consideration, in any case, the movable property contained in a building which has been subject to this Declaration and that this recognizes them as an essential part of its history.
Article 28 1. The declared property of cultural interest and those included in the General inventory that are in possession of ecclesiastical institutions in any of its establishments or units, will be transmitted whether for consideration or not assigned to individuals or commercial entities. Such assets may only be alienated or transferred to the State, entities of public law or other ecclesiastical institutions.
2 movable property forming part of the Spanish historical heritage may not be alienated by the administrations public, except transmissions which are carried out between themselves and the provisions of articles 29 and 34 of this law.
3. the goods referred to in this article shall be imprescriptible. In no event shall apply to these goods in the 1955 article of the Civil Code.
Article 29 1. Belong to the State movable property of the Spanish historical heritage that are exported without the authorization required by article 5 of this law. These goods are inalienable and imprescriptible.
2 corresponds to the administration of the State perform acts leading to the total recovery of illegally exported goods.
3. when the previous holder cites the loss or previous theft of the illegally exported good, you can request your assignment of the State, to pay the amount of their recovery expenses, and, where applicable, the refund of the price that has satisfied the State to the purchaser in good faith. Shall be presumed the loss or theft of the illegally exported good when the previous holder was an entity of public law.
4. the assets recovered and not disclosed will be destined to a public Center, report of the Board of the historical heritage.
Article 30 authorization for the export of any movable property member of the Spanish historical heritage shall be subject to a rate established in accordance with the following rules: A) taxable: the granting of the authorization of export of the mentioned goods will be.
(B) exemptions: Shall be exempt from the payment of fees: 1. the export of movable property that takes place during the ten years following its importation, provided that this has been done legally, it is reflected in documents and the goods have not been declared of cultural interest in accordance with the provisions of article 32 of this law.
2. the legally authorized temporary departure of movable property forming part of the Spanish historical heritage.
3. the export of furniture objects from living authors.
(C) taxable persons: persons shall be obliged to the payment of the fee or national or foreign entities in whose favour export authorisations should be granted.
(D) taxable income: taxable income will be determined by the actual value of the property whose export authorisation is requested. He is considered the one declared by the applicant, without prejudice to the administrative check carried out by the corresponding body of the State administration, which will prevail if it exceeds that real value of the property.
(E) tax rate: the rate is required according to the following rate: up to 1,000,000 pesetas, 100 5.
Of limit amounts 1,000,001 to 10,000,000, 10 per 100.
From 10.000.001 to 100,000,000, 100 20.
From 100.000.001 onwards, 30 per 100.
(F) accrual: The rate is accrued when granting export authorization.
(G) settlement and payment: the Government shall regulate the procedures of valuation, settlement and payment of the fee.
(H) management: The management of this rate will be attributed to the Ministry of culture.
I) destination: The product of this rate you will enter in the public Treasury, generating automatically the appropriate credit in favour of the corresponding body of the administration of the State, allocated exclusively to the acquisition of assets of interest to the Spanish historical heritage.
Article thirty-one 1. The Government may authorize the temporary departure of Spain, on such terms and conditions to be determined by regulation, of movable property subject to the regime provided for in article 5 of this law. In any case must include in the authorisation period and export guarantees. Goods and exported may not be subject to the exercise of the right of preferred purchase.
2. the breach of the conditions for the return to Spain of goods that have been exported in this way will have consideration of illegal export.
Article thirty-two 1. Movable property whose import has been done legally and is properly documented, so that the imported good is fully identified, not may be declared of cultural interest within a period of ten years from the date of its importation.
2. such goods may be exported prior license from the administration of the State, which shall be granted provided that the application complies with the requirements of the legislation in force, without that it may exercise any right of preferential acquisition with respect to them. Expiry of the period of ten years, such goods shall be subject to the general regime of the Act.
3. Notwithstanding the provisions of the preceding paragraphs, the collateral that have any of the values referred to in article 1 of this law may be declared of cultural interest within ten years before if its owner requested that Declaration and the Government resolved that good enriches the Spanish historical heritage.
Article thirty-three except as provided for in article 32, provided that it makes request for export, the Declaration of value made by the applicant will be considered irrevocable offer on behalf of the administration of the State, which does not authorize such export, shall within six months to accept the offer and one year from it for payment that is appropriate. The refusal to the request for export does not imply the acceptance of the offer, which must always be express.
Article thirty-four the Government may enter into with other States the exchange of movable property belonging to the Spanish historical heritage of State ownership by others of at least equal value and historical significance. Approval will require favourable report of the Royal Academies of history and fine arts of San Fernando and the Rating Board, assessment and export of goods of the heritage historical Spanish.
Title IV on the protection of the movable and immovable property article thirty-five 1. For the protection of members of the Spanish historical heritage assets and to facilitate the access of citizens to them, encourage communication between different services and promote the information necessary for the development of scientific research and technique will periodically be formulated national plans of the Spanish historic heritage information.
2. the Council of the Spanish historical heritage shall draw up and approve national plans of information referred to in the preceding paragraph.
3 their collaboration in the implementation of the national plans of information shall be on different utilities and the holders of the Spanish historical heritage assets.
Article 36 1. Members of the Spanish historical heritage assets should be preserved, maintained and guarded by their owners or, if necessary, by actual rights holders or holders of such goods.
2. the use of declared property of cultural interest, as well as the collateral included in the General inventory, will subordinate on not they endangered values that warrant its preservation. Any change of use must be authorized by the competent bodies for the implementation of this law.
3 when the owners or holders of rights in rem over property declared of cultural interest or property included in the General inventory not execute the actions required in the fulfilment of the obligation foreseen in paragraph 1 of this article, the competent administration, prior requirement to those interested, you can order its subsidiary execution. You can also grant aid with character of refundable deposit which, in the case of immovable property, shall be registered in the land registry. The competent administration may also directly the necessary works, if required by the more effective conservation of the goods. Exceptionally competent administration may order the deposit of movable in public centres insofar as they do not disappear the causes that originated such necessity.
4. the breach of the obligations laid down in this article shall cause of social interest for the compulsory purchase of the declared property of cultural interest by the competent administration.
Thirty-seven article 1. The competent administration can prevent a takedown and suspend any kind of work or intervention in a declared property of cultural interest.
2. also may act that way, although there has been such a declaration, provided that you appreciate the concurrence of any of the values to which article 1 of this law makes mention of. In such event the Administration will resolve within a maximum period of thirty days in favour of the continuation of the work or intervention initiated or will proceed to initiate the Declaration of assets of Cultural interest.
3 it will be justifying cause of social interest for expropriation by the competent administration of the goods affected by a statement of cultural interest risk of destruction or deterioration, or use inconsistent with their values. The properties that prevent or interfere with the contemplation of the goods affected by the Declaration of cultural interest or give rise to the same risks may expropriate equal cause. Municipalities may also agree the expropriation of such goods previously notifying this purpose to the competent authority, which will have priority in the exercise of this authority.
Article 38 1. Who will try to dispose of a declared bien de interés cultural or included in the inventory referred to in article 26 shall notify the bodies mentioned in article 6 and declare the price and conditions in that intends to carry out the disposal. Auctioneers must also notify and advance auctions them public in that it intends to dispose of any member of the Spanish historical heritage well.
2. inside of the two months following the notification referred to in the preceding paragraph, the Government may make use of the right of first refusal for himself, to a charity or to any entity of public law, forcing the payment of the agreed price, or, where appropriate, the auction in a period not exceeding to two financial periods , except by agreement with the interested in another form of payment.
3. when the purpose of alienation had not properly notified the Government may exercise, in the same terms provided for the right of first refusal, of withdrawal in within six months from the date they have reliable knowledge of the alienation.
4. the provisions of the preceding paragraphs does not exclude that the rights of first refusal and withdrawal on the same goods may be exercised in identical terms by the other competent bodies for the implementation of this law. However, the exercise of such rights by the administration of the State shall be preferential whenever you try to acquire movable property to a Museum, archive, or library of State-owned.
5. registrars of property and land not entered any document whereby it is transmitted the property or any other real right on the goods referred to in this article without that is accredited have met many requirements on it are collected.
Article 39 1. The public authorities shall endeavour by all means conservation technique, consolidation and improvement of the declared property of cultural interest, as well as the collateral included in the inventory referred to in article 26 of this law. The declared property of cultural interest may not be subjected to any treatment without the express permission of the competent bodies for the implementation of the law.
2. in the case of immovable property, the actions referred to in the preceding paragraph will be aimed at preservation, consolidation and rehabilitation and prevent reconstruction efforts, except when using original parts and it can prove its authenticity. If add materials or essential to its stability or maintenance parts, additions should be recognizable and avoid the Mimetic confusion.
3. restorations of the goods referred to in this article shall comply with the contributions of all existing times. The Elimination of any one of them is only authorized on an exceptional basis and elements that seek to delete pose an apparent degradation of good and their disposal regardless necessary to enable a better historic interpretation of the same. The suppressed parties shall be duly documented.
Title V of the archaeological heritage article 40 1. In accordance with article 1 of this law, they form part of the Spanish historical heritage movable or immovable property of historical character, that can be studied with archaeological methodology, they have been extracted and whether they are on the surface or underground, in the territorial sea or on the continental shelf. Part, also of this heritage geological and palaeontological items related to the history of man and its origins and history.
2 are declared property of Cultural interest by Ministry of this law the caves, shelters and sites containing rock art manifestations.
Article forty-one 1. For the purposes of this Act are archaeological excavations removals on the surface, underground or underwater media that are carried out in order to discover and investigate all sorts of historical and paleontological remains, as well as related geological components.
2 archaeological surveys, are the surface or underwater explorations, without removal of the ground, aimed at the study, investigation or examination of data on any of the items referred to in the preceding paragraph.
3. are considered casual finds the discoveries of objects and material remains that, possessing values that are typical of the Spanish historical heritage, has been produced by chance or as a result of any removals of land, demolitions or works of any kind.
1. all excavations or archaeological survey must be expressly authorised by the competent authority, which, through the procedures of inspection and control, verify that the works are raised and developed in accordance with a detailed and coherent program that contains requirements relating to convenience, professionalism and scientific interest.
2. the authorisation to carry out excavations or archaeological surveys obliges beneficiaries to deliver the obtained objects, properly inventoried, catalogued and accompanied by a memory, the Museum or centre that the competent administration determine and within the period that is assessed, taking into account its proximity to the place of the finding and the circumstances that make it possible, in addition to their proper preservation , its best cultural and scientific function. In no event shall apply to these objects as provided in article 44.3 of the present law.
3 they will be illegal and those responsible will be punished in accordance with the provisions of the present law, excavations or archaeological surveys conducted without proper authorization, or which have been carried out with non-compliance with the terms that have been authorized, as well as the works of removal of land, demolition or any other carried out subsequently in the place where there has been a casual discovery of archaeological objects that had not been communicated immediately to the Competent administration.
Article forty-three the competent authority may order the execution of excavations or archaeological surveys in any public or private of the Spanish territory, terrain in which suspected the existence of sites or archaeological, paleontological remains or geological components related. For purposes of compensation provisions of the law on compulsory expropriation shall be applicable.
Article 44 1. Public property are all the artifacts and remnants that have values that are typical of the Spanish historical heritage and being discovered as a result of excavations, removals from land or works of any nature or by chance. Discoverer shall inform competent administration its discovery within a maximum period of thirty days and immediately in the case of casual findings. In no event shall apply to such objects as provided in Article 351 of the Civil Code.
2. Once reported the discovery, and until the objects are delivered to the competent authority, the discoverer will be of application standards of legal deposit, unless you give them to a public museum.
3. the discoverer and the owner of the place in which the object has been found entitled, in respect of cash prize, to half the value that at legal pricing is attributed to him, that it will distribute among them equally. If they were two or more discoverers or the owners will remain equal proportion.
4 failure to comply with the obligations laid down in paragraphs 1 and 2 of this article deprive the discoverer and, where appropriate, to the owner of the right to the Prize stated and objects will be immediately available to the competent authority, without prejudice to responsibility to any place and the penalties which may be applicable.
5 is excepted from the provisions of this article the discovery of part of the architectural structure of a property included in the registry of property of Cultural interest. However the finding shall be notified to the competent authority within a period of thirty days.
Article forty-five archaeological objects acquired by public entities for any title shall be deposited in the museums or centres that the acquirer management determines, taking into account the circumstances referred to in article 42, paragraph 2, of this law.
Title VI of the ethnographic heritage article forty-six form part of Spanish historical heritage assets and real estate knowledge and activities that are or have been relevant expression of traditional culture of the Spanish people in their material, social and spiritual aspects.
Forty-seven article 1. They are property of ethnographic character, and shall be governed by the provisions of titles II and IV of this law, those buildings and facilities whose constitutive model is expression of knowledge acquired, rooted and transmitted customarily and whose Bill fits, in whole or in part, to a class, type or form architectural used traditionally by the communities or groups.
2 they are movable ethnographic, and shall be governed by the provisions of titles III and IV of the present law, all those objects that constitute the demonstration or the product of labor, aesthetic and recreational activities of any group of people, rooted and customarily transmitted.
3. it is considered that they have ethnographic value and shall enjoy administrative protection those knowledge or activities that come from traditional techniques or models used by a particular community. In the case of knowledge or activities that are in foreseeable danger of disappearing, the competent administration shall take measures conducive to these real scientists study and documentation.
Title VII of the documentary and bibliographic patrimony and archives, libraries and museums chapter I of the documentary heritage and bibliographic article forty-eight 1. For the purposes of the present law is part of the Spanish historical heritage the heritage documentary and bibliographic, consisting of many goods, assembled or not in archives and libraries, members of the same declared in this chapter.
2. the documentary and bibliographic heritage shall be governed by the specific rules contained in this title. In matters not provided for therein will be of application as is available generally in this law and its collateral regime.
Article forty-nine 1. Document, for the purposes of this Act, means any expression in natural or conventional language and any other expression, graphic, sound or image, collected in any kind of material support, including computer storage media. Non-original copies of editions are excluded.
2 part of the documentary heritage documents any time generated, preserved, or gathered in the exercise of its functions by any body or public status, by legal persons in whose capital is involved mostly State or other public entities and private, physical or legal, management persons of public services in matters related to the management of these services.
3 are equally part of the documentary heritage documents older than forty years generated, preserved, or gathered in the exercise of their activities by the entities and associations of political, trade union or religious character and by institutions, foundations and private cultural and educational associations.
4 integrate also the documentary heritage documents older than one hundred years generated, preserved or collected by any other private entities or individuals.
5. the administration of the State may declare the documentary heritage constitute those documents that, without reaching the age indicated in the preceding paragraphs, deserve such consideration.
Article 50 1. They are part of the bibliographic heritage libraries and bibliographic collections of public ownership and serial, or unitary character in writing handwritten or printed literary, historical, scientific or artistic works, of which no record the existence of at least three copies in libraries or utilities. Be presumed this number of copies in the case of works published from 1958.
2. also part of Spanish historical heritage and applies the speed corresponding to the bibliographic heritage the exemplary product of editions of films, records, photographs, audio-visual materials or other similar, what ever their material support, which does not consist at least three specimens in public services, or one in the case of cinematographic films.
Article fifty-one 1. The administration of the State, in collaboration with other competent authorities, provide the Census of the goods involved in the documentary heritage and the collective catalogue of the goods involved in the bibliographic heritage in accordance with what is determined by law.
2. for the purposes referred to in the preceding paragraph, the competent administration may request of the holders of rights to the goods involved in the documentary and bibliographic patrimony examination thereof, as well as relevant information for inclusion, if appropriate, in such Census and catalogue.
Article fifty-two 1. All holders of goods of bibliographic and documentary heritage are obliged to conserve them, protect them, destined to a use that will not impede their conservation and keep them in appropriate places.
2. If the obligation breached provisions of the preceding paragraph, the competent authority shall take the appropriate implementing measures, as envisaged in article 36.3 of this law. The breach of such obligations, when it is also neglected the requirement by the Administration, may be cause of social interest for the compulsory purchase of the affected goods.
3 forced to constitutive property of bibliographic and documentary heritage conservation shall provide the inspection by the competent authorities to verify the situation or State of the goods and shall allow the study by the researchers, on reasoned request of these. Individuals can excuse this last obligation, in the case that involves an intrusion on its right to personal and family privacy and self-image, in the terms that establishes the regulatory legislation on this matter.
4. the obligation to allow study by researchers may be substituted by the competent administration, through the temporary storage of the goods in a file, library or similar center of public character that meets the appropriate conditions for the safety of goods and its research.
Article fifty-three the goods involved in the documentary and bibliographic patrimony, that have singular relevance, they will be included in a special section of the General inventory of movable property of the Spanish historical heritage, in accordance with the procedure laid down in article 26 of this law.
Fifty-four article 1. Who by the role play are in charge of documents referred to in article 49.2 of this law are required, to cease their functions, to deliver them to replace them in the same or refer them to the file that corresponds.
2. the wrongful retention of the documents referred to in the preceding paragraph by individuals or private institutions will lead to the Administration that would have preserved, generated or collected order the transfer of such property to a public archive, without prejudice to any liability that could be incurred.
Article fifty-five 1. The exclusion or disposal of assets of the documentary and bibliographic patrimony referred to in article 49.2 and others publicly owned must be authorised by the competent authority.
2. in no case it can handle such documents as continues its probative value of rights and obligations of persons or public bodies.
3. in all other cases the exclusion or elimination must be authorised by the competent authority on a proposal from the owners or possessors, using the procedure that is established by the rules of procedure.
Article 56 1. Acts of disposal, export and import of constitutive property of bibliographic and documentary heritage will be subject to the provisions contained in article 5 and titles III and IV of this Act that they are applicable.
2. in any case, when such goods are in public ownership will be inexportables, except as provided for in articles 31 and 34 of this law.
Article 57 1. The consultation of the instruments of incorporation of the Spanish documentary heritage concerning article 49.2 will adhere to the following rules: a) general, such documents, completed its processing and deposited and registered in the central archives of the corresponding entities of public law, in accordance with the regulations established through regulatory channels, will be free consultation unless they affect substances classified under the Official Secrets Act or should not be publicly known by express provision of law, or that its content can pose risks to security and the defence of the State or the investigation of the crimes.
(b) despite the provisions of the preceding paragraph, will fit administrative authorization to gain access to excluded documents for public consultation. Such authorization may be granted, in the case of documents secret or reserved, by the authority which issued the respective statement, and in other cases by the head of the Department responsible for their custody.
(c) documents containing personal data of character police procedural, clinical or otherwise that may affect the safety of persons, his honor, the intimacy of his private and family life and in his own image, not can be publicly accessed without any consent of the affected or until expiry of a period of twenty-five years since his death If your date is known or otherwise, of fifty years, from the date of the documents.
2. regulations shall be established the conditions for the realization of the consultation of the documents referred to in this article, as well as to obtain reproductions thereof.
Article 58 the study and opinion of the issues relating to the qualification and use of documents of the administration of the State and State public sector, as well as their integration into the files and the regime on access and administrative futility of such documents, shall correspond to one Committee appraisal of administrative documents, whose composition, functioning and specific competence shall be established by the rules of procedure. Also rating committees will become public bodies thus determined.
Chapter II archives, libraries and museums article fifty-nine 1. Files are the organic sets of documents, or the meeting of several of them, gathered by public or private legal entities in the exercise of their activities, in the service of their use for research, culture, information and administrative management. Also they are understood by archives cultural institutions where gather, retain, sorted and disseminated for the purposes mentioned above such joint organic.
2 are libraries cultural institutions where they are, gather, select, inventarian, catalogued, classified and broadcast sets or collections of books, manuscripts and other materials bibliographic or reproduced by any means for reading in public room or through temporary, in the service of education, research, culture and information.
3 museums are institutions of a permanent nature which acquire, conserve, research, communicate and exhibit for purposes of study, education and contemplation sets and collections of historical, artistic, scientific and technical or any other cultural nature.
Article 60 1. They will be subject to the regime established by this law for the assets of Cultural interest real estate for the installation of files, libraries and museums of State ownership, as well as the movable property of the Spanish historical heritage in custody of them.
2. on the proposal of the competent administrations the Government may extend the regime envisaged in the paragraph to other archives, libraries and museums.
3. the competent bodies for the implementation of this law shall ensure the preparation and updating of catalogues, censuses and files of the funds of the institutions referred to in this article.
Article sixty-one 1. The Government can create, after consultation with the corresponding Autonomous Community, many archives, libraries and museums consider timely, when the cultural and social needs so require and without prejudice to the initiative of other organizations, institutions or individuals.
2. the archives, libraries and museums of State ownership and national character will be created by Royal Decree.
3. the administration of the State will promote the communication and coordination of all the archives, libraries and museums of State ownership in the Spanish territory. To do so you can collect them much information appropriate, as well as inspect its operation and take measures to better fulfill its purposes, in the terms that, in their case, have management agreements with the autonomous communities.
Article sixty-two the Government will ensure the access of all Spanish citizens to archives, libraries and museums of State ownership, without prejudice to the restrictions which, by reason of the conservation of goods in them under custody or the function of the institution, may be established.
Article sixty-three 1. Archives, libraries and museums of State ownership may allow private property on deposit or other public administrations in accordance with the rules for rules of procedure be established.
2. the assets of Cultural interest, as well as members of the documentary and bibliographic patrimony under custody in archives and museums of State ownership shall not leave them without prior authorization, which must be granted by ministerial order. In the case of object on deposit shall be respected agreement forming.
3. the same regime laid down in the preceding paragraph shall apply to the assets of Cultural interest held in libraries of State ownership, notwithstanding what is established on public lending services.
Article sixty-four buildings in which they are installed files, libraries and museums in public ownership, as well as buildings or grounds that are to be installed, may be declared of public utility for the purposes of expropriation. This statement can be extended to the buildings or contiguous land when safety required for the proper conservation of real estate or property containing.
1. each ministerial department will ensure the coordination of the functioning of all the files of the Ministry and the agencies he linked to better comply with the provisions in this law and the regulations issued for its implementation.
2. the documentation for dependent of the Government agencies will be regularly transferred, according to the procedure which is established by rules of procedure to the State archives.
Article sixty-six are the Spanish systems of archives, libraries and museums, respectively, archives, libraries and museums, as well as technical or teaching directly related services, which are incorporated under it which is available according to the rules.
Title VIII of article sixty-building measures and seven the Government will have necessary measures so that funding of the works of conservation, maintenance and rehabilitation, as well as surveys and archaeological excavations carried out in the declared property of cultural interest have preferential access to official credit in the form and with the requirements that establish its regulatory standards. To this end, the Government may establish, through agreements with people and public and private entities, conditions for credit benefit.
Article sixty-eight 1. In the budget of each public, funded work total or partially by the State, will include an equivalent at least to 1 game per 100 of funds that are State contribution destined to finance works of conservation or enrichment of the Spanish historical heritage or promotion of artistic creativity, with preference in the work itself or in its immediate surroundings.
2. If public works were built and exploited by individuals by virtue of administrative concession, and without the financial participation of the State, 1 per 100 will apply on the total budget for its implementation.
3 are exempted under paragraphs the following public works: to) those whose total budget not to exceed one hundred million pesetas.
(b) that affect the security and defense of the State, as well as the safety of the public services.
4 through regulatory concrete application system of funds resulting from the allocation of 1 per 100 referred to in this article shall be determined.
Sixty-nine article 1. As promoting the fulfilment of the duties and compensation to loads imposed by this law to holders or owners of the goods involved in the Spanish historical heritage, in addition to the exemptions provided for in the provisions governing the urban Territorial contribution and the extraordinary tax on the heritage of the physical persons, settle tax benefits laid down in the following articles.
2. to enjoy such benefits, except for that provided for in article 72.1, affected goods must be previously registered in the General register referred to in article 12, in the case of goods of Cultural interest, and General inventory referred to in articles 26 and 53, in the case of movable property. In the case of historical sites, historical sites or archaeological sites, only will be considered registered real estate included in them which qualify according to the rules established.
3. in the terms that establish the bylaws, declared property of cultural interest shall be exempt from the payment of the remaining local taxes payable in respect of the property or is required for your enjoyment or transmission, when their owners or holders of rights in rem have undertaken or carried out in charge works of conservation, improvement or rehabilitation in such real estate.
4. in no case shall be compensation charged to the General State budget in favour of the concerned municipalities.
Article 70 1. Physical persons income tax taxpayers will have right to a deduction on the fees equivalent to 20 per 100 investment engaged in the acquisition, conservation, repair, restoration, dissemination and exhibition of declared property of cultural interest, in conditions pointing by rules of procedure. The amount of the deduction in any case exceed 30 per 100 of the tax base.
2. Likewise, said tax taxpayers entitled to deduct 20 per 100 pure and simple donations which made in goods forming part of the Spanish historical heritage whenever they made on behalf of the State and other public bodies, and which are carried out on behalf of establishments, the fee institutions , foundations or associations, even the fact of temporary unavailable, to arbitrate funds, classified or declared charitable or public utility by the competent organs of the State, whose Trustees, legal representatives or management charges are indeed free, and accountability to the corresponding protectorate authority. The basis of this deduction may not exceed 30 per 100 of the tax base.
Article seventy-one 1. Taxable persons of the tax shall be entitled to deduct from the resulting liquid share of lower the total tax on the amount of deductions by double taxation and, where appropriate, of subsidies referred to in article 25 of the law of corporation tax a percentage of the amount of the sums intended for the acquisition conservation, repair, restoration, dissemination and exhibition of declared property of cultural interest, in conditions that are designated by regulation.
2. in tax deductible items of integrity yields obtained, for the purpose of determining the taxable bases, pure and simple donations of goods forming part of the Spanish historical heritage, carried out under the conditions referred to in article 70.2 shall be considered. The amount of the deduction may not exceed 30 per 100 of the tax base.
Article seventy and two 1. Acquisitions of works of art are exempted from paying the luxury tax and the tax on traffic companies provided that its authors live in the time of transmission.
2. imports of personal property that are included in the inventory or declared of cultural interest in accordance with articles 26.3 and 32.3, respectively are exempted from all tribute. Request to do so by their owners, at the time of importation, shall have suspensory effect of the tax debt.
Article seventy-three payment of the tax debt of the tax on inheritances, the wealth tax and the tax on the income of physical persons can be made through the delivery of goods forming part of the Spanish historical heritage, in the form determined by law.
Article seventy and four assessments necessary for the implementation of CSBMs set out in this title shall be made in any case, by the Rating Board, assessment and export of goods of the heritage historical Spanish, under the terms and pursuant to the procedure determined by rules of procedure. In the case of the preceding article, cited appraisals not linked to the interested party, who may opt for payment in cash.
Title IX of the administrative offences and sanctions article seventy-five 1. The export of a movable part of the Spanish historical heritage, carried out without the authorisation provided for in article 5 of this law shall constitute a crime, or in his case, infringement of smuggling, in accordance with the legislation in this area. They will be responsible for solidarity of the violation or offence committed many people involved in the export of good and those others that by their action or omission, wilful or negligent, it has provided or made possible.
2. the fixing of the value of goods exported illegally held by the Rating Board, assessment and export of goods of the heritage historical Spanish, dependent on the Government, whose composition and functions shall be established by the rules of procedure.
Article seventy-six 1. Salvo_que they are constitutive of the crime, the facts they listed below constitute administrative offences which shall be punished in accordance with the provisions of this article: to) the breach by part of the owners or real rights holders or owners of the goods of the provisions contained in articles 13, 26.2, 4 and 6, 28, 35.3 36.1 and 2, 38.1, 39, 44, 51.2, 52.1, 3.
(b) the unlawful detainer or improper deposit of documents as provided for in article 54.1.
(c) the granting of licences for carrying out works that does not meet the provisions of article 23.
(d) the realization of works on archaeological or historical sites without the authorization required by article 22.
(e) carrying out any kind of work or intervention that contravenes the provisions of articles 16, 19, 20, 21, 25, 37 and 39.
(f) carrying out archaeological excavations or other illicit works referred to in article 42.3.
(g) the demolition, displacement or removal illegal any property affected by a record of Declaration of assets of Cultural interest.
(h) the unlawful export of goods which articles refer to 5th and 56.1 of the Act.
(i) the breach of the conditions of return for legally authorized temporary export.
(j) the exclusion or removal of goods from the documentary and bibliographic patrimony that contravenes the provisions of article 55.
2 when the injury to the Spanish historical heritage caused by the violations referred to in the preceding paragraph is economically valuable, the violation shall be punished with fine of the both the quadruple of the value of the damage caused.
3 in other cases, the following penalties shall be imposed: A) fine of up to 10,000,000 pesetas in the cases a) and b) of paragraph 1.
B) fine of up to 25,000,000 pesetas in the so-called c), d), e)) and (f) of paragraph 1.
C fine of up to 100,000,000 pesetas in the so-called g), h), i) and j) of paragraph 1.
Seventy-seven article 1. Administrative sanctions will require processing a file with the interested audience to fix the facts that determine them and shall be proportional the severity of them, to the personal of the sanctioned circumstances and damage caused or that might have been caused to the Spanish historical heritage.
2. the fines imposed different subjects as a result of a same violation will be independent each other.
Seventy-eight article up to 25,000,000 pesetas fines will be imposed by the competent bodies for the implementation of this law. Those of more than 25,000,000 pesetas amount will be imposed by the Council of Ministers or the Government Councils of the autonomous communities.
Article seventy-nine 1. Administrative offences against the provisions of this law shall be extinguished after five years have been committed, except those contained in paragraphs g), h), i) and j) article 76.1, which barred at age ten.
2. on all matters not provided for in this title shall apply chapter II of title VI of the law of administrative procedure.
ADDITIONAL provisions first.
Goods that have been declared historic-artistic or included in the inventory of the artistic heritage and archaeology of Spain before passing to be regarded and referred to as assets of Cultural interest; furniture that have been declared members of the treasure or included in the inventory of the historic-artistic heritage have the condition of property inventoried in accordance with article 26 of this law, without prejudice to possible expressly declared a property of Cultural interest. All of them are subject to the legal regime established by the present law for those goods.
They are considered of Cultural interest and are subject to the planned system in this law the assets to which the decrees of April 22, 1949, collapsed 571/1963 and 1973/499.
1. the documents of the inventory of the artistic heritage and archaeology of Spain will be incorporated into the General register referred to in article 12 of this law.
2. the documents of the national artistic treasure inventory will be incorporated into the General inventory of movable property laid down in article 26.
3. Likewise, the Census-guide of archives of documents will be added to the Census of the documentary heritage, and of the General catalogue of the bibliographical treasure will the collective catalogue.
4. by the General Directorate of fine arts and archives will be the integration of the documents referred to in the preceding paragraphs in the term of one year from the entry into force of this law.
The requirement referred to in article 69.2 of the Act also oblige the owners of the goods referred to in article 6, j), the Law 50/1977, of 14 November, on urgent measures to reform tax, to benefit from the exemption foreseen therein. The same requirement is embodied in those established in the Royal Decree 1382 / 1978, 2 June, in which the reference to the inventory contained in its 2nd article is deleted.
They are subject to how much is available under this law many real and personal property are part of the national heritage and can be included in the scope of article 1, without prejudice to their involvement and own legal regime.
The Government will negotiate in the relevant agreements, conventions and treaties clauses aimed to reinstate the Spanish territory cultural property which has been illegally exported.
Without prejudice to the provisions of this Act, administrations to those concerned its application will be also subject to international agreements validly concluded by Spain. The activity of such authorities will be also aimed at compliance with the resolutions and recommendations adopted for the protection of the historical heritage international bodies that Spain is a member.
Acceptance of donations, inheritances or legacies in favor of the State, although you designate as beneficiary to any other administrative body, concerning all kinds of property that constitute expression or testimony of human creation and have a cultural value, either historical, artistic, scientific or technical nature shall be responsible to the Ministry of culture, the understanding accepted the inheritance for the benefit of inventory.
It will be also the Ministry accept similar donations in cash carried out in order to specific and concrete acquire, restore or improve any of these goods. The amount of the donation will be credited to the public Treasury and generate credit in the corresponding concept of the budget of the Ministry of culture.
By the Ministry of culture will inform the Ministry of economy and finance, donations, inheritances or legacies accepted pursuant to the preceding paragraphs.
TRANSITIONAL provisions first.
The precise standards for the development and implementation of this law are made in both, are understood to be in force of regulation range governing the Spanish historical-artistic heritage, treasure documentary and bibliographic, archives, libraries and museums, in everything that does not contravene the provisions of the same.
In the term of one year from the entry into force of this law, the Government, on the proposal of the Ministry of culture, will dictate the rules of organization, operation and staff of the archives, libraries and museums of State ownership, as well as technical or educational services associated therewith or with the activities that involve the administration of the State in the protection of the Spanish historical heritage.
Who upon the entry into force of this law were owners, holders or holders of some of the goods referred to in articles 26 and 53 of this law will have within a year to communicate the existence of such goods the competent administration. In this case, cited communication determine the exemption, in relation to such goods, of any taxes or levies not satisfied prior, as well as all liability of public finances or the remaining organs of the body by breaches, penalties, surcharges or interest on arrears.
The Government, on the proposal of the ministries of economy and finance and culture, will develop, through regulatory channels, conditions for the exemption referred to in the above transitional provision, and will also regulate the scope and assumptions relevant works revaluation for tax purposes.
In the ten years following the entry into force of this law, in article 28.1 thereof shall be referred to the members of the Spanish historical heritage movable in possession of ecclesiastical institutions.
1. the processing and effects of the records on the Declaration of property of historical and artistic value initiated prior to the entry into force of this law shall be governed by the regulations under which have been initiated, but its resolution shall be in any case by Royal Decree, and according to the categories laid down in article 14.2 of this Act.
2 in the already declared historical sites that have a special protection Plan or other instrument of planning of the area affected by the Declaration, approved prior to the entry into force of this law, the authorization of works until not has been obtained from the competent administration favorable report on the instrument for planning to apply shall be governed by provisions of article 20.3. These purposes means issued favorable report after one year from the filing of the Plan without that has relapsed express resolution.
Within the period of five years from the entry into force of the law, those responsible for installation should remove commercial advertising, as well as cables and pipelines referred to in article 19.3.
The picturesque landscapes covered by the transitional provision of the law 15/1975, of May 2, protected natural areas, while they are not reclassified according to their final disposition, preserved condition of Cultural interest.
DISPOSAL 1. The Government is authorized to issue, in addition to the regulations expressly provided for in this law, which are precise for their compliance.
2. the Government is also authorized to proceed by order via the updating of the amount of fines that are set in article 76 of this law, while the percentages of increases that are established by such means may be exceeding, in any case, the index official of the cost of life.
3. the law on the State budget may be annually determined formulas update the tax base and the types of assessment of the rate for export referred to in article 30.
4. is authorized also to the Government so that, at the initiative of the Ministry of culture, and on the proposal of the Ministry of the Interior, available the creation in the bodies and security forces of the State of a research group formed by personnel specialized in the subjects that are the subject of this Act and intended to pursue its violations.
REPEALING PROVISION 1. Are hereby repealed the law of 7 July 1911 on archaeological excavations; Royal Decree-Law of 9 August 1926 on protection, conservation and enhancement of the artistic wealth; the law of 10 December 1931 on disposition of archaeological, historical and artistic assets of more than a hundred years old; the law of 13 May 1933 on defence, preservation and enhancement of the historic-artistic heritage; the law of 22 December 1955 on conservation of historical artistic heritage; the Decree 1641 / 1959, 23 September, on export of objects of archaeological or artistic interest and value and imitations or copies, and law 26/1972 of 21 June, on defense of the treasure documentary and bibliographical of the nation, except for the provisions relating to the National Center of the treasure documentary and bibliographic, which, however, shall forward regulatory range , and the Royal Decree 2832 / 1978, of 28 October, about 1 per 100 cultural.
2 they are also repealed many provisions is contrary to the provisions of the present law.
Therefore, remote control all individual Spaniards and authorities which have and will keep this law.
Palacio de la Zarzuela, Madrid, on June 25, 1985.
JUAN CARLOS R.
The President of the Government, FELIPE GONZALEZ MARQUEZ