Gminna ewidencja zabytków jako nienazwana forma nadzoru konserwatorskiego

Abstract

The view that the communal register of monuments constitutes an innominate form of conservator’s supervision results from the following observations. It is one of the grounds for the protection of a historical artefact contained in the register, mentioned, inter alia, in the decision on zoning development conditions (Article 19 section 1a item 2 of the Act on the protection and guardianship of monuments). With respect to artefacts included in the aforementioned register, decisions stipulated in Article 51 section 1 of the Act on planning and spatial development are subject to conservation agreements at the stage of proceedings to establish development conditions (Article 53 section 4 point 2 of the Act on spatial planning and development). In addition, with respect to buildings and areas not listed in the register of monuments, but included in the communal register of monuments, permission for the construction or demolition of a building structure is issued by the architectural and construction administration authority in agreement with the voivodeship conservator of monuments (Article 39 section 3 of the Construction Law Act). This legal situation in the light of the statutory aim of conservation supervision expressed, in accordance with Article 38 section 1 of the Act on the protection and guardianship of monuments, as monitoring the observance and application of the provisions on the protection and guardianship of monuments justifies the thesis of the article.