Publicomos

Réf.

42914

Type

chapter

Titre

Legislation and common values: a report from Belgium/ the Flemish Region

Langues

English

Auteurs

Draye, Anne Mie

Éditeurs

Alatalu, Riin / Randla, Anneli

Lieu de publication

Tallinn

Pays de publication

Estonia

Maison d'édition

ICOMOS ICLAFI (International Committee on Legal, Administrative and Financial Issues) / ICOMOS Estonia / Estonian Academy of Arts

Date

01/2017

Pages

p. 34-38

Titre de la source

HISTORICAL PERSPECTIVE OF HERITAGE LEGISLATION. BALANCE BETWEEN LAWS AND VALUES. International conference October 12-13, 2016 Niguliste Museum Tallinn, Estonia Conference proceedings. ICLAFI, ICOMOS Estonia

ISBN

978-9949-88-197-0

Mots-clés

national legislation / legal framework / historical surveys / history of conservation / values / management / legal protection / legislation

Pays mentionnés

Belgium

Résumé en anglais

Already in 1835, very shortly after the “creation” of the Kingdom of Belgium, a Royal Commission for Monuments was appointed by royal decree. The duty of this expert commission consisted of advising the Belgian government on several aspects of heritage preservation. This early public interest in the maintenance of historic buildings is very often linked with the firm intention of a young nation to affirm its own identity through the remains of a glorious past, and with the state of neglect of many monuments as a result of the French Revolution. Despite the efforts of the Royal Commission, it would last until 1931 before a formal law was voted on the protection of monuments and sites. This first Belgian heritage law offered possibilities for protecting monuments presenting a national interest due to a historic, artistic or scientific value. In order to preserve these “common values” for the future, the property rights of owners were restricted: they were not allowed to bring alterations to the exterior of a monument without prior permission of the Royal Commission for Monuments and the local authorities. These restrictions, public easements, didn’t lead to compensation for the owners of protected monuments. However when restoration works became necessary, subsidies could be granted within the budget available. The intention to preserve monuments even lead to the inscription in this first monument law of an article creating the possibility of expropriation for the national and the local authorities when a monument was threatened with severe damage or decay in case it remained in the hands of his owner.

URL

http://iclafi.org/wp-content/uploads/2018/05/Historical-perspective-of-Heritage-Legislation.pdf

Document joint

2018_04_24_1666_kogumik-8ANNE-MIE-DRAYE.pdf

Licence

Creative Commons Attribution-Non Commercial-No Derivatives (BY-NC-ND)