Prior to purchasing any property it is of utmost importance to determine whether or not a given property had been recorded in the register of historic monuments and thereby is statutorily protected.
The register of historic monuments located within the territory of a given voivodeship is kept by the Voivodeship Conservator of Monuments. The fact of entering a property into the register is recorded in the land and mortgage register of the given property following the request of Voivodeship Conservator of Monuments. It is based on the decision of recording a given monument in the register of historic monuments. This decision is also the basis for making a record in the property cadaster.
The very fact of recording a property in the historic monuments register entails significant limitations for its owner. Namely, there is a wide range of potential actions pertaining to the property that cannot be undertaken without adequate consent granted by the Voivodeship Conservator of Monuments. Among these are:
- conducting maintenance, restoration or construction works in the registered monument
- conducting construction works in the proximity of the registered monument
- conducting maintenance examination of the registered monument
- conducting architectural research of the registered monument
- conducting archeological research of the registered monument
- relocating the immovable registered monument
- dividing the registered monument
- modifying the intended use of the registered monument or the way of utilizing it
- placing technical devices, billboards, advertisements or inscriptions other than those informing that the property is protected by law as a monument
- undertaking any other sort of actions that would lead to fracturing the substance or modifying the appearance of the registered monument
CGO Legal law firm offers assistance in determining whether or not a given property had been recorded in the register of historic monuments. Additionally, we provide counselling services and support the process of gathering all the necessary consents required by the law of protection of monuments.