Order to Carry Out Works or Construction Works on an Immovable Monument

Abstract

The state’s guardianship over immovable monuments entered in the register of monuments is reflected in the possibility of issuing a decision under Article 49(1) of the Act on the Protection of Monuments and the Care of Monuments. This decision allows conservation authorities to order conservation work or construction work where there is a threat of destruction of, or significant damage to, a monument. Although it is assumed that such a decision may be issued regardless of the state of preservation of the monument, and therefore also in respect of destroyed monuments, discrepancies have arisen in the case law regarding the application of this provision, particularly in situations where the poor technical condition of the monument was caused by the owner’s neglect and the inaction of the conservation authority. This study analyses Article 49 of the Act, focusing on its protective function and its application in conservation practice. It aims to identify the circumstances in which conservation authorities may order conservation work or construction work, define the scope of obligations imposed on owners of immovable monuments, and assess divergences in administrative court case law, particularly regarding significantly deteriorated immovable monuments.