Grade 2 listed buildings rules and regulations: Grade II Listed Building Regulations

Grade II Listed Building Regulations

Guides

January 25, 2016

The regulations and consent involved in buying and renovating listed buildings, explained by our Personal Lines Underwriting Manager, Tim Slattery.

Grade II listed buildings are subject to regulations which protect their historical and architectural significance. These buildings are of special interest, meaning alterations and building work can’t be carried out without written consent from the relevant authorities.

If you’ve fallen in love with a listed building, and are thinking of buying, renovating and living in it – you might want to read up on the rules and regulations that surround what you can and cannot do with the property. Over 92% of all listed buildings in the UK are Grade II, so chances are, your property falls into this category. We’ve compiled a handy list of some of the key things Grade II homeowners need to know.

Listed building consent

It may seem strange to need consent to make alterations to your own home, but this heritage protection is designed to make sure that our built environment, and your dream home, maintains its unique character.

Consent must always be applied for through local authorities before material changes are made to listed properties. If consent is granted, owners are required to pay a listed building consent fee – the amount will vary depending on the scale of the project.

The unanticipated costs associated with owning a Grade II Listed building can take some owners by surprise. Listed building insurance will help to make sure that no matter what happens, you can respond to the specialist needs of your building, responsibly.

Carrying out works on a listed property without consent is a criminal offence, which can carry serious penalties. If work has already begun, a listed building enforcement notice may be issued. This notice allows authorities to reverse the alterations done to a property, or to lessen the effects of the unauthorised works. Not only will you have to pay to restore the building, you might also be liable for unlimited fines and even time in prison.

It is possible to apply for retrospective listed building consent, however if this is denied you may be penalised for any unauthorised work.

When is listed building consent required?

Listed building consent is required if you own a Grade I, II* or II listed building and wish to make significant material changes to the property. Changes can include:

Listed building repairs

Repairs to listed buildings may require consent depending on whether it’s considered that the work would affect the character of the building. Often, a repair made with like-for-like materials will not need consent. This is not always the case, however, and it’s best to seek advice from local authorities.

Internal alterations

Listed building status applies to the entirety of the building, so internal works and alterations also require planning consent. This not only applies to changing the plan of rooms by, for example, removing a wall. It also includes (but is not limited to):

– Demolishing and rebuilding features

– Exposing timbers and brickwork

– Installing double glazing

– Removing internal features, like fireplaces and paneling

Windows regulations

While repairing a faulty or substandard window may seem like a purely functional alteration, windows can have a huge impact on the appearance of a building.

As a result, window detailing, the timber used for construction and even historic glass panes are often protected under listed building regulations. This can cause problems for repairing draughty or rotting frames, bringing listed buildings up to modern energy efficiency standards, and receiving consent to do the necessary work.

Although tricky, the task is by no means impossible. In most cases, Historic England state that ‘repair is preferable to replacement’. However, by using original materials, and designs which are authentic to the original detailing, it is possible to obtain consent for window replacement. Where double-glazing is desired, it can be easier to use alternative solutions, such as secondary glazing, to achieve the same result.

Renovations and extensions

The charm of a listed building is hard to resist, but for many homeowners so is the desire to make their mark on a property. Making renovations and extensions to a listed building is a careful process – one which demands patience, planning and attention to detail.

Equally important is making sure that your interests are protected throughout the building process. This includes receiving consent for every aspect of your project, and considering the need for adequate and comprehensive building insurance or renovation and extension insurance, should anything go wrong.

Consult with your local authorities before considering an extension or renovation, and look into the history of your building. Obtaining consent is rarely a speedy process and you will need a detailed plan to have your application approved. Together with the professional advice of an architect, designer and builder with experience in working with historic buildings, you can redesign your home in-keeping with its historical character.

Grants for listed buildings

Before beginning work on your listed property, research the grants available for the repair and maintenance of historic sites. Listed building regulations do not exist to freeze buildings in time, or prevent their development. They simply recognise that a building is a permanent feature of the local environment and should be respected and preserved in this way.

Dos and Donts of Grade II Listed Buildings

When restoring, updating, or otherwise renovating a Grade II listed building, there are strict Do’s and Don’ts or rules and limitations on how the process must be handled. These protectionary laws can make it challenging, so it’s important to know what is expected of you in the process.

Doing your homework will ensure that you don’t face large fines or roadblocks that will force you to redo weeks of work. Before you start doing anything, make sure that you learn about the Grade II rules. Start your research today with our complete list of do’s and don’ts of Grade II listed buildings.

Buildings are listed whenever they represent or show special architectural and historical interest on a national level. Due to these interests, the buildings are protected by additional laws within the planning system.

There are many different types of listed houses. From terraces houses to stately homes, there is a large variety of what shows up as listed.

Grade II listed buildings are considered to be those that are of special interest. Most listed homes fall into this category, as Grade II* and Grade I listed buildings are considered to be more particularly important than those in Grade II.

Still, houses that are part of the Grade II listed programme must be renovated and kept according to certain laws. These laws ensure that the listed houses will not be destroyed or damaged in ahistorical ways.

Related: Is Your Property Georgian, Victorian, Edwardian, Or Another Era

Do’s of Grade II Listed Buildings

Do: Investigate VAT rules

When making improvements that will affect the energy performance of a listed building, you are only responsible for 5% VAT. This discount must be taken before you pay off any energy bills, so you need to look this up in advance. Otherwise, you might miss out on the discount entirely.

Previously, listed buildings enjoyed zero-rating VAT on approved listed building alterations. However, in 2012, this tax break was abolished, meaning that generally, most work on listed properties is subject to VAT at 20% – the same as non listed dwellings. Despite this, there still is a measure of VAT relief which can be applied in certain circumstances.

The Listed Property Owners Club give the following useful examples of when you can utilise the tax break:

Converting a non-residential property into a residential dwelling. This includes converting an office into a house, a chapel or pub into a home etc.
If the property has been vacant/empty for 2 years prior to work.
A ‘changed number’ conversion. This is where the number of residential units within the building changes, whether it increases or decreases. E.g turning a house into flats.
Mobility aids for the over 60s. This applies to instalments such as grab rails, ramps, stair lifts, bath lifts and walk-in baths or showers with seats.
0% VAT applies to certain types of work for the disabled.
Energy saving improvements. As we mentioned above, energy-efficient improvements are only subject to 5% VAT – but only on a supply and fit basis. Improvements that qualify for the 5% VAT include: installing draught-stripping windows; loft or wall insulation; solar/wind power installations. However the Listed Property Owner’s Club team comments, “If the insulation is part of a bigger job, the VAT rate applicable to that job will override the 5% rate. For instance, a roof replacement would be liable to VAT at 20% in full, even if it was insulated at the same time.”

Related: The Green Homes Grant

Do: Get the proper home insurance

Due to the protected nature of listed buildings, not all insurance companies will have the complete protections necessary for covering your home. Make sure that you use a specialist company or that your current plan covers the home. This is important because any damages that happen to the property will be repaired in particular ways that match the rest of the building. Unfortunately, these types of repairs can be costly, and normal insurance policies may not cover them.

Do: Ask for proof of listed building consent

If you are considering purchasing a listed home, ask to see the property’s consent paperwork, including any work previously done on the property. As you will become responsible for all necessary changes as soon as you buy the property, you want to be sure things were handled properly before you buy.

Do: Keep things on file

As you make plans for renovations, obtain permissions, and otherwise gather information about the property, be sure to keep all of this paperwork. Keep it organized and on file for as long as you own the property; the new owner will want copies.

Do: Contact the local conservation officer and other experts

Building a relationship with your local Conservation officer is a great idea. Not only are they going to be familiar with your property, but they will also be able to help you with any problems that you encounter. As they are familiar with listed properties and the problems often seen in them, they’ll be able to give you great guidance.

Engaging with other professionals that work with listed buildings is also a great idea. They’ll be able to share what they think about any changes to your property and help you get in touch with the right team to make it happen.

Do: Get Listed Building Consent (LBC) when needed

To make changes to covered aspects of your listed building, you will need to apply for and receive Listed Building Consent. This must be done before you begin any work. If you do not get LBC before doing work, you can be fined, imprisoned, and forced to undo the work.

Do: Find the right contractors

The best contractors to hire when you own listed buildings are those experienced in conservation. Those that have previously worked on heritage buildings will be more prepared to deal with the specific rules and regulations likely to guide your home renovation.

Do: Consult Historic England’s guide for listed owners

There is a lot of information that might be relevant to your listed home. Thankfully, Historic England has created a complete publication for the owners of listed homes so that you can learn more about listed buildings and what that means for you. This guide even includes tips and suggestions on the best ways to approach certain issues that you may find with your home. If you have any questions about listed buildings, this guide is a great place to begin.

Don’ts of Grade II Listed Buildings

Don’t: Carelessly renovate the garden

Though many people assume that the garden is up for any type of changes that you want to make, many listed buildings include elements of the garden as well. For example, you might not be able to remove a certain tree or take down a gate.

Before you make any garden renovations, check the listing to find out exactly what aspects of your property are included with its listing.

Don’t: Repair old with new

Mixing some modern repair methods, such as cement on lime mortared walls, can permanently damage the structure. Using such repair methods with traditional construction is a complete no-no with listed buildings.

When you need to make repairs to traditional construction, be sure to work with your contractor and Conservation officer to choose the right repair method.

Don’t: Rush

Before diving into renovation projects, take some time to get to know the property. Make sure that you understand what types of changes you want to have approved. It can even be helpful to visit other renovated listed buildings to see what is and what is not feasible.

Taking time throughout the entire process of planning your changes, selecting contracts, and then seeing the work done will lead to a better outcome.

Don’t: Remove original features

Original architectural features cannot be removed from Grade 2 listed buildings; doing so could be a huge violation of its listing status. Such items include fireplaces, windows, doors, and stonework.

Don’t: Assume it’s not your problem

If you inherit or purchase a listed home, the current state of the home is your responsibility to handle even if a different owner did the work. If changes need to be made, you are liable for those changes. This is why it is important to ask for documentation when purchasing a listed home.

Don’t: Skip getting permission

Whether you want to make a big or small change to your listed building, you should never skip obtaining Listed Building Consent. Seeking consent first is the only way to be sure that you won’t be faced with a criminal offence for changing something that you didn’t realise was protected.

By getting permission for everything, you can protect yourself and avoid dangerous liabilities.

Keep your Grade Listed building glowing

As you can see, there is a lot that goes into ensuring that your Grade II listed building is properly maintained. These buildings are important to the historical memory of England, so they must be kept in such a way that their legacy continues. If you have any questions, or are thinking of buying a listed property, get in touch with our experts on 020 7099 4000.!!

View all our available London properties for sale, or find out how much your home is worth with our online property valuation tool.

Heritage House | Grade 2 listed building restrictions

We get a lot of questions about restrictions to what you can do or cannot do to a Grade 2 Listed Building. These also apply to Grade 2* Listed Buildings and Grade 1 Listed Buildings as well – there are some general principles that you need to understand first.

Why is a building Listed?

A Grade 2 Listed building is Listed because it shows some form of significance. Whether this is design, or because of a person living there, or because it is a good example of local vernacular architecture, is not really relevant – but significance is one of the main reasons it will be Listed. The Listing, which is easily found by doing a map search (sometimes using postcode or name / address will fail, because houses and properties change quite a bit over the years) so look on the map search and you’ll find it – here: The List This will describe the building as it was Listed. It may not look like this, if it has been altered since – and any alterations need to be approved by your Local Authority (LA) Conservation department. Those changes are stored in the planning system, and you can search the planning records of your LA, to find any that relate to your building. The planning approvals or rejections will show detail of what was allowed.

What can you do to a Grade 2 Listed Building?

Well – in theory, if you get permission, anything. It is getting permission that is the key.

What is ‘doing’? The law states that a ‘Material Change to a Listed Building’ must be approved. So, a material change taken literally, means that if you remove a paint covering and replace it with a different colour, it’s a ‘material change’. If you take off lime render and put cement render on, it is a ‘material change’. If you take off plaster internally, and re-plaster with gypsum, it is a ‘material change’. If you change a reed thatch for a long straw thatch, it’s a material change. In essence, if you change anything, either internally, or externally, you are doing something that needs permission and you are committing a criminal offence if you don’t get approval from the LA conservation officer first.

Repairs and Maintenance to a Grade 2 Listed Building

There is a grey area: Repairs and Maintenance are excluded from needing permission. However – these are to be minor in nature – re-painting the kitchen walls, re-painting the windows in grey paint if they are already grey. Minor repairs to timber frames – removal of an area of rot for example, and a face repair made properly. Taking apart an entire gable timber frame and rebuilding it is NOT a repair, and needs conservation approval.

For the purposes of helping people understand the restrictions to working with Grade 2 listed buildings, or Grade 2* for that matter, you need to assume that anything other than very minor changes will require permission.

As an example, we recently had to help a client who had asked a builder to re-paint a timber frame. The builder cleaned all the flaky paint off the frame, found areas of rot, and brought in a carpenter to make repairs. A neighbour saw this and reported the client for illegal works. We were convinced the repairs were legal – the client was not making ANY changes, and the work was purely to repaint, and repair the frame. The LA conservation officer ruled that the work needed full Listed Building Consent, and we had to prepare a detailed schedule of repairs to each of the timbers, together with a specification of the jointing, the timber to be used, and the eventual finishes – together with a treatment of how we were to replace and repair the infil panels. So in this case, Grade 2 Listed Building restrictions turned out to be very onerous – and we feel unwarranted. However – the client got hte work done, it is legal, and the building has been correctly repaired.

Working with your local Conservation Officer

So – there is a major problem with the rules – they are ‘interpreted’ differently by every Conservation Officer – some over zealous, and some not at all. There is a substantial problem with the system, and it is indeed unfair to a lot of Listed Building owners, and has undoubtedly cost building owners a lot of money and grief. My view is that it’s better to ask before you do anything – get to know your local Conservation Officer – they dont bite – and most will be keen to help. Do remember though, they have no money, no resources, are financially presasured by their LA, many work part time. Personally I have a problem with a lot of them, because they are in the main Town Planners. They have little or no understanding of old buildings, or materials, and they are just pushing the law – so inevitably will demand a Listed Building Consent application – it generates income, creates work, and keeps them employed. There ARE LA’s that don’t work this way – by way of example, our Shropshire Council Conservation team is superb – and has a very active program of education and enlightenment for their Conservation staff. We work with them a lot, and always find them helpful and courteous.

We’ve also put some more information on our sister site – Heritage Survey which will give you a bit more information on technical aspects.

What can you do to a Grade II listed building?

If you’ve fallen in love with a Grade II listed building, you’re facing a dilemma – do you take on the additional responsibility of preserving a small piece of historical heritage, or do you resist the purchase because it may be trickier to make the changes you want?

Adaptations, alterations and renovations to turn a Grade II listed building into your perfect property are governed by legal restrictions – which can often be numerous, complex and slow-moving.

Thankfully it is possible to make adjustments to listed properties, but you will always require written consent from your local authority (and a lot of patience!)

What is a Grade II listed building and why does this matter?

If your property is listed as Grade II, it means the building has particular historic and/or architectural significance, and is subject to regulations which protect its unique character.

Your Grade II home may have a special historical importance, be an architectural wonder or located in an area of historical interest – and therefore it needs a bit of extra care to ensure it is preserved appropriately.

About 91.7% of all listed buildings are in this class, so it is more than likely that your home falls into this category. Reassuringly, the rules and regulations are a lot less rigorous than they would be for a Grade I listed property.

There are laws that govern what you can and can’t do to a listed building, both externally and internally, but you can still make some alterations and extensions. This must, however, be done with the explicit consent of your local authority.

The local authorities will consider the buildings function, condition and viability – some need a lot of work – against their historical significance. Listed building consent allows them to make these decisions fairly, considering all factors.

So if your target property is Grade II listed, it is worthwhile checking the rules and regulations for alterations and adjustments before you buy – you want to make sure you can turn it into your dream home without too much red tape!

Why do you need consent for work on a Grade II building?

Although it might seem odd that you have to obtain consent to adapt your own home, these laws exist to protect our national heritage and history. It is therefore imperative that you get written consent before you make any alterations. Failure to do so prior to carrying out work is a criminal offence and can result in severe penalties, so it’s not worth taking the risk!

If you choose to defy your local authority and commence work without consent, you are liable to receiving a listed building enforcement notice. This allows authorities to reverse or lessen the effect of any alterations which have been carried out – and will also come with a hefty price tag for you.

Not only will you have to pay to reverse the building work, but you might also be liable to pay unlimited fines and could even spend time in prison. Don’t rely on applying for retrospective consent either – whilst possible and sometimes granted, if it is denied you will be penalised for the unauthorised work that has been carried out.

Above: Grade II listed homes in London

Once consent for your proposed work has been granted, you are obliged to pay a listed building consent fee. The amount varies depending on the size and scale of your project. It may be worth taking out listed building insurance so you’re in a better position to respond to the needs of your home, regardless of what these may be.

It’s helpful to look into all these costs if you are considering buying a listed building, so that they don’t come as an unwelcome additional cost on top of the purchase price.

When and for what types of work do you need consent?

Don’t be too alarmed, as you can undertake general maintenance and repairs to your property without obtaining prior consent – so long as you are using like-for-like materials. A small paint job, sensitive repairs to sash windows, or replacing modern kitchen fittings – this kind of minor cosmetic work tends to be acceptable, providing it’s done carefully.

But be warned – most original fittings and even the garden plants can be covered by the rules. So think before you trim that overgrown bush, or prune those awful shrubs. If you are in any doubt, or you are changing the appearance significantly, speak to your local authority before you make any alterations to avoid this coming back to haunt you later on.

If you are the current or aspiring owner of a Grade II listed property and are thinking of making changes to it, the below should help guide you on what your local authority may consider as significant and requiring consent:

1. Repairs

If the repairs will affect the character of your property, you’ll most likely need to get written consent before you undertake them. However, if you are using like-for-like materials, you may not need to. Either way, it’s best to seek advice from the local authorities to avoid any unwanted fines.

2. Internal alterations

The listed building status applies to your entire property – inside and outside! Don’t be fooled into thinking that you are immune to the rules because your local authority cannot see the alterations. If you plan to change the layout of the property, remove walls, expose timber or brickwork, install double glazing or remove or even rebuild internal features (panelling or fireplaces etc) – you must obtain written consent first.

3. Window regulations

Although it may seem entirely reasonable to want to replace a broken or faulty window, or fit double glazing to keep you cosy in your home, the style and type of window that you use can considerably alter how your property looks.

Changing the window detailing, removing or replacing historical glass panes, and changing the timber used in the original construction can lead to significant transformation in the property’s character – and are therefore all subject to listed building regulations.

This can be tricky for you as a homeowner, especially if you want to ensure your property meets modern energy efficiency standards, by replacing dilapidated frames or swapping the draughty single window panes for double glazing. Before undertaking any of these changes though, you must get written consent – a tricky but not impossible task.

Historical England states that for windows, repair is preferable to replacement – and if you can, you should use original materials and designs to retain the authenticity of the property.

If you are thinking about double glazing, it is almost inevitable that you will have to find an alternative such as secondary glazing – it can be very complicated to match the original window design, especially if there is stained glass involved. As always, seek advice from your local authorities and ensure you have written consent before you start the work.

4. Renovations & extensions

There is an undeniable charm and beauty in the appearance of a listed building, but we all also always want to add our own unique and personal stamp to our home.

However, making significant alterations to a Grade II building requires extensive amounts of time, care, patience – and, you guessed it, (almost always) planning permission from the all relevant authorities before you begin your renovations.

Every aspect of your project will require written consent, so it is worth consulting with the authorities from the outset. You should also look into the history of the building too, as this might help you with your design decisions and your planning application.

Obtaining consent is not a speedy process – you will need a very detailed plan to convince the authorities that your changes will not only preserve the original character but enhance its value. However, the planners do want you to enjoy your home and are not trying to keep it frozen in time – local authorities aren’t all naysayers. They just need to ensure that this doesn’t come at the expense of historical importance and the preservation of heritage.

It is worth considering obtaining professional advice from an architect – they can help you to redesign your home whilst making sure it retains its original charm.

There are a few more variables which can affect the timeliness of the process – including where you are in the UK, which jurisdiction your building falls under, and if your property is surrounded by other listed buildings (e. g. in stunning historical hotspots such as Oxford, Bath and the Cotswolds). However, as the age-old adage goes, all good things come to those who wait, so be patient and sensitive and your dream property will become a reality.

Naturally, not only will you want to protect the property but also your own best interests. You should therefore always consider the need for comprehensive and appropriate insurance to cover renovation and extensions to your building should anything go awry.

Thankfully attitudes to extensions of listed buildings have changed significantly over the years. Previously, planners wanted to ensure a seamless blend between old and new, but now they much prefer a more obvious aesthetic divide between the modern extension and the original historic building. You are now, with written consent of course, at liberty to extend your building with modern but complementary materials – opposites really do attract!

If you have any doubts about what is and is not permissible it is always best to err on the side of caution – seek professional advice and consult your local authority.

In addition, you might also want to gather information for the Listed Property Owners’ Club (LPOC). The club was established to help owners of listed properties understand what they are and are not allowed to do to properties in accordance with the regulations. Alternatively, Historic England produces the free Listed Property Owners Guide. Visit historicengland.org.uk to download it.

Grants and funding for maintenance work

Restoring and/or renovating your listed property is not a cheap undertaking. It is also worth seeing if there are any local or national grants available for the repairs to the historic buildings – after all, it is in multiple people’s interest to preserve the cultural heritage and significance your property holds.

Grade 2 Listed Building Restrictions

We are often asked about Grade 2 listed building restrictions and Grade 2 listed building regulations. These are mostly covered in some of the other pages of the site, under specific topics – but we’ll summarise them again here. They apply to ANY listed building – whether Grade 2, or 1, or 2* Listed.

Restrictions are there to protect the historic significance of the building. Any change which affects the listed fabric of the building is illegal unless approved by your LA (Local Authority). Routine repairs and maintenance are excluded, so long as they are in like for like – and use materials sympathetic with the building. In other words, if you are to re-point for any reason, you cannot use cement – mortar must be closely matched to the mortar used in the original build. You can’t knock historic lime plaster off and replace it with gypsum – not only is this a material change, it will trap moisture and make the walls wet.

If you want, or need to make what are described as ‘Material Changes’ to the Listed fabric – for example taking a wall out to form an ensuite, removing a redundant chimney breast to enlarge a kitchen, you MUST apply for Listed Building Consent to the LA. The application will be reviewed by their Conservation Officer, who will assess the application for its impact on the Listed Fabric. Anything which negatively affects the signifcance of the heritage asset will be refused. Any material change will be very closely scrutinised – your application will be far more likely to succeed if it does not include material change, or minimises these.

For example – a new bathroom can be installed as a ‘cube’ within a cube of the old room. You could leave the original fireplace, and decorative plaster coving, and install a steel stud system to form a steel cube within the room, with pipework hidden behind the steel, and all the walls simply being fibre cement boarding screwed onto the steel stud. The bathroom is then tiled and finished, having almost no effect on the Listed fabric of the building. This application would be almost certainly approved. If you asked to remove the fireplace, and destroyed the coving – it would be refused.

Building regulations still apply to Listed Buildings. They are generally a little more relaxed – due consideration is given to the Listed Fabric – for example if fire regulations state that the staircase is too narrow or steep, the Listing will protect the staircase – another exit might have to be made – perhaps a big sash window with an escape ladder – but the Listing protects the asset.

We have put together some notes here on Building Regulations and Breathability in Listed Buildings:

Part L1B of the 2010 Building Regs:

http://www.planningportal.gov.uk/uploads/br/BR_PDF_ADL1B_2010.pdf .

The relevant paras are 3.6 to 3.13 (also reproduced in Part L2B). The most significant addition here is the recognition of “buildings of traditional construction with permeable fabric that both absorbs and readily allows the evaporation of moisture” (3.8c). Whilst not ‘exempt’, these fall under a category where “special considerations may apply”, i.e. “The work should not prejudice the character of the host building or increase the risk of long-term deterioration of the building fabric or fittings” (3.9)

These regulations are important:

a) there is recognition that traditional construction and longevity are important, as something additional to the more esoteric notions of historic character and appearance, and..

b) this does not only apply to designated heritage assets.

There are quite a few hurdles though: It is still only a case of ‘special circumstances may apply’; so your bog standard architect/builder/building control officer, can quite happily carry on as before. Our experience is that only where an architect/builder is already in the conservation field, that this comes into play, and it appears to be down to them to prove their case to Building Control rather than the other way around. That said, where Building Control are asked to consider an exemption, they are usually quite happy with a line or two from their conservation officer to confirm it accords with the LB Act etc.

The Regs state that English Heritage guidance should be taken into account (and there is now a good breadth of guidance from them), but the only specialist advisor referred to is the LA conservation officer. Two worries here: Most services are already overstretched; if the provision were universally put into practice the additional workload would be phenomenal (EH have a figure of around 20% of the building stock being pre-1919, and another 20% 1920-1939). LA Conservation Officers simple could not cope.

Then there is the fact that however much a conservation officer may know, they are not qualified to give structural advice over and above that of a structural engineer. Under LBC applications Conservation Officer friends have had many pointless arguments with structural engineers – at the end of the day, their qualifications have simply trumped theirs for structural issues. (EH, incidentally, has only one Structural Engineer to cover the entire country. Not much use on a day to day basis).

But, the introduction of the 3.8c category of building into the Building Regs does enormously strengthen the argument for traditional buildings to be given much higher priority throughout the building industry and education, and not just seen as a specialist and slightly cranky sideline.

Here’s a suggestion from a Conservation Officer friend:

Example of how to shut Building Control up, if its useful : “I confirm that the reinstatement of the timber-framed wall with brick infill, and single-glazed softwood casements, have been approved under Listed Building Consent 11/15068/LBC and are considered appropriate to retain and restore the special historic and architectural interest of the listed building in accordance with the Planning (Listed Buildings and Conservation Areas) Act 1990, British Standard BS 7913:1998, and the Building Regulations 2000 Part L 1B para 3. 11. Likewise the internal lime plaster will reproduce historic finishes and ensure the building is maintained as a breathable structure in accordance with Part L 1B para 3.12.”) (They like regulations).

People very often jump to the conclusion a Conservation Officer is being difficult. They’re usually not – they just want to do things the right way – if you listen carefully, they are just trying to prompt you as to what to say, and how to make an application that will succeed. They became a CO for a reason usually – because they like old buildings!

grade 2 building restrictions | Heritage Consulting

We provide advice on alterations to Listed Buildings and what is likely to achievable and what is not.

We are often asked to provide advice on alterations and restrictions to Listed Buildings. Some of the usual things we are asked are; ” I want to demolish these walls – is that ok ? ” or I want to demolish this building , it’s not listed it’s in the Garden…. ”. In broad terms hopefully some of these typically questions can be answered.

Buildings are listed to protect the historic significance of the building. Any change which affects the listed fabric of the building or its setting requires approved by your LA (Local Authority). These rules do not cover the building only, they cover the building AND ITS CURTILAGE. Example, let’s say you have an Old Georgian House with a workshop in the garden. If the workshop was built prior to 1948, then technically its listed ! Curtilage Listing – See the Historic England Advice note.

Repairs as long as they are just that do not require Listed Building Consent. Routine repairs and maintenance are excluded from requiring Listed Building Consent, so long as they are “like for like” using materials sympathetic with the building. In other words, you can re-point a building with a closely matched lime mortar, or replace some loose or slipped tiles. There is however some considerable Grey area in this “repairs” rule as different Local Authorities have different approaches on the extent of this – the actual guidance from Historic England is a little vague also. For example we have seen some Conservation officers wanting Listed Building Consent to be applied for to strip and recover a fairly standard roof in like for like fashion, and others accepting it as a repair. We have also seen consent being required for Timber Frame repairs, but then again others accepting repairs works as “repairs” ! Repairs Advice – See the Historic England Advice.

The exact wording of the Advice from Historic England is: “If carrying out a repair or renewal to a listed building would affect its character as a buildingof special architectural or historic interest, then listed building consent will be required. Many repairs will not affect the character of the building. However, it is not true that repairs using like-for-like materials will never require consent as such repairs still may affect the special interest in the building. The removed materials may, for example, hold historic interest.”

If you want, or need to make what are described as ‘Material Changes’ to the Listed fabric – for example demolishing a wall and changing the layout, moving a staircase, demolishing an outbuilding, etc you will require Listed Building Consent and the works will be considered on their merits and impact on the Listed Building.

Note – Permitted Development rights are generally removed entirely for Listed Buildings. This excludes some modification to non listed outbuildings within the curtilage.

There is some difficulty in giving blanket advice on Listed Buildings and what changes may be permissible and what may not. Not all Listed Buildings are equal and their significant is the key to establish what may or may not be allowed. Additionally, just because Listed Building Consent is required it does not mean it will be refused !

Some practical examples are included below for consideration. This is not formal advice and if in doubt, engage with us formally or with your local conservation officer.

Re-Plastering

Re-plastering technially requires Listed Building Consent. But…..what if you are removing cement based tanking plaster from a lower ground floor kitchen in a Georgian House in London ? In our example no historic fabric remains to the lower ground floor kitchen, and the cement is causing damp issues. In our opinion, the Local Authority should in this instance show some common sense and treat the works as a “repair”.

If the plastering work involves removal of historic fabric , for example for re-wiring a house, then consent should be applied for. However, providing the works are not unnecessarily disruptive it is unlike consent would be refused.

Demolishing Walls

Let’s say you want a big fancy kitchen / diner in your Listed Building and need to demolish a wall, is this possible ? This will very much depend on the type of house and how it effects the significance of the building. So it depends on a number of factors. Lets take a couple of examples;

Georgian / Regency House in London – Many of these houses have the lower ground floors knocked into 1 big room, so it’s a common project. However, we have seen a number of application FAIL due to the local authority not wanting to sub / divide the original layout. A compromise may be able to be reached where “nibs” in the wall are provided to show the historic layout.

Farmhouse in Surrey – An actual project we consulted on, we removed a wall to the rear of this 17th C Farmhouse to open the kitchen / diner to the living room. The planners were satisfied that the proposals would not be of detriment to the house and that the “significance” of the building was not adversely effected by enlargement of the Kitchen area.

Extension

Extensions to Listed Buildings are quite possible but each application and site needs to be judged on its own merits. Some examples of successful Listed Building Planning Applications we have consulted on;

Georgian Townhouse London- We consulted on the provision of a single storey rear extension to a Listed townhouse, providing a new Kitchen / Utility Room / Shower Room. The application succeeded and this is a fairly well trodden path with many fantastic extensions being provided. We have worked with Architects “Architecture for London” whom have designed some fantastic schemes and their portfolio is well worth a look at.

Georgian Farmhouse Sussex – We consulted on the provision of a large extension to a traditional Farmhouse effectively doubling the size of it. The key to the success of the extension was the trade off of removing later additions that detracted from the building, restoring the historic building , and constructing an entirely separate building linked by a single story structure. There are many examples of such schemes to Listed Buildings and this approach seems to work very well. We have also seen some very architecturally sensitive buildings extended in this fashion.

Protection of art monuments. History and development prospects

UDK 008

Nikolskaya T.M.

Protection of art monuments. History and development prospects.

Nikolskaya Tatyana Mikhailovna, candidate of philology. Sci., Associate Professor, TSU named after G.R. Derzhavin

Annotation. Currently, there are approximately 150,000 cultural heritage sites of federal and regional significance in Russia. However, this number does not include identified objects of historical and cultural value, including archaeological sites. At the same time, historical and cultural monuments are often objects of immovable property, which imposes additional burdens on their owners and users in terms of conservation, use and access.

Keywords: monuments, protection of monuments, culture and art

Immovable monuments of history and culture constitute an important part of the national cultural heritage of the Russian Federation. They are the main living evidence of the development of civilization and a true reflection of ancient traditions. Their active popularization contributes to mutual understanding, respect and rapprochement of peoples, leads to the spiritual unification of the nation on the basis of propaganda of common historical roots, awakens pride in the Motherland.

Currently, there are approximately 150 thousand objects of cultural heritage of federal and regional significance in Russia. However, this number does not include identified objects of historical and cultural value, including archaeological sites. At the same time, historical and cultural monuments are often objects of immovable property, which imposes additional burdens on their owners and users in terms of conservation, use and access.

Monuments of history and culture are divided into movable and immovable. The former include archaeological finds, documents, books, works of art, household items, etc. They are kept in museums, archives, libraries, private collections. Immovable monuments (various buildings, buildings, large engineering structures, monuments, works of garden and park art, etc.) are located in the open air.

Depending on the characteristic features and the specifics of their study, all monuments are divided into three groups: monuments of archeology, history, architecture and art. In practice, this division often turns out to be conditional, since many monuments act as complex, i. e. combine various typological features. For example, the Moscow Kremlin appears simultaneously as a monument of archeology, history, architecture and art. The grave of a famous statesman, scientist or writer is also a complex monument: the grave itself is a monument of history, and the tomb structure, regardless of the material, form, technique and quality of execution, is a work of monumental art.

Works of monumental art themselves become historical monuments but after a long time (for example, the monument to Minin and Pozharsky in Moscow) or if they are somehow connected with an important historical event (the first monuments to V.I. Lenin in the 1920s). In general, the period after which a historical and cultural work can be considered a historical monument has not yet been determined. Some scientists believe that the life of one generation is 30 years. The vulnerability of this position is that it requires a special annual revision of a huge number of different structures and objects, which is very inconvenient and expensive. And the term “monument of modernity” that accompanies such objects is even more doubtful, because there is no exact chronological framework for modernity (and they are hardly possible).

Monuments of history are subdivided according to types into monuments of the state and social structure, industrial and scientific activities, military history, etc. In accordance with this classification, historical monuments include buildings in which important historical events took place; houses in which famous state, public and military figures, revolutionaries, prominent representatives of science and culture lived; industrial buildings and technical structures representing a certain stage in the development of industry, agriculture, science and technology; fortifications,

played a role in the defense of the Fatherland or reflected the level of development of military art; graves of prominent state, public and military figures, representatives of science and culture, soldiers and partisans who died in battles for their homeland, civilians killed by foreign invaders and victims of political repression.

Historical monuments also include memorable places of outstanding events that have preserved their historical appearance (the square in the city, the place of battles with craters and pits of dugouts and dugouts in the forest). Often such memorable places are marked with a memorial sign (obelisk, stele, memorial plaque). At the same time, the commemorative sign itself is not a historical monument, because it only indicates the place of the event, but does not have a direct connection with it. In addition, a commemorative sign, unlike a historical monument, can be replaced at any time with another, made of any material and arbitrary configuration.

Among all historical and cultural monuments, architectural and art monuments are in the most favorable position: a beautiful building or monument is attractive in itself, which to a certain extent simplifies the issues of their protection. Archaeological monuments find themselves in a more difficult situation – they are often plundered by self-styled “archaeologists”, and scientific excavations sometimes almost completely destroy an archaeological monument, because the order and arrangement of objects and their individual fragments are violated, moreover, often such a monument simply crumbles in the hands, dies from the influence of an unfavorable environment. And yet, the need to protect archeological monuments, as well as monuments of architecture and art, traditionally does not cause doubts among most people. The situation is more complicated with historical monuments. The main difficulty in identifying, studying and protecting historical monuments, unlike monuments of architecture and art, is that historical monuments do not always have a direct emotional impact on the viewer; . Such objects can be, for example, the house where a famous writer lived or the remains of a defensive line. Only with the help of documents and eyewitness accounts can they convey the atmosphere of the era, tell about the people and events of that time. But there are also such historical monuments, the meaning and significance of which are clear to everyone at first glance – these are the Smolny Institute in St. Petersburg, Detinets in Veliky Novgorod, Sapun Mountain in Sevastopol, etc.

Thus, although far from unambiguous, all monuments of history and culture embody a tangible link between the past and the present, the age-old experience and traditions of generations. Historical and cultural heritage has always been one of the most important means of shaping public consciousness and improving the spiritual life of people. Unfortunately, in the critical era that Russia is now experiencing, the importance of historical monuments as a means of educating the morality of the younger generation and a sense of respect for the memory and deeds of their ancestors, without which no civilized society can exist, has been largely forgotten.

The Soviet government actively used the historical and cultural heritage for its ideological purposes, forming a “class consciousness” and looking for traces of a non-existent “proletarian culture” in the heritage of the past. But long before 1917, the task of protecting the monuments of bygone eras, saving them for future generations was perceived as an important state affair, as a sign of the prestige of the ruling dynasty. About how it was arranged in Russia, and our conversation will go. For the sake of objectivity, we note that the first country where they began to realize the importance of historical and cultural monuments was Sweden. Back in the 17th century. royal decrees were issued there on a ban on changing the color of roofs, so as not to distort the historical and cultural environment.

In Russia, the first normative acts on the protection of monuments were issued by Peter I. Such is the decree of February 18, 1718 on the surrender of found ancient objects to the commandants, the decree of the Senate of December 20, 1720 on the collection of ancient books and documents in monasteries, the decree of 1721 on the prohibition to melt down the gold and silver items found in the mounds, and in the decree of February 7, 1722 on the protection of the remains of the Pereyaslavl-Zalessky amusing flotilla, the governors were instructed: “It is up to you to protect the remains of ships, yachts and galleys. And if you lower it, then it will be exacted on you and on your descendants, as if you had neglected this decree. This also includes the decree of September 2, 1724 on the preservation of the historical boat – “the grandfather of the Russian fleet”, etc. These documents contributed to the awakening in Russian society of interest in the monuments of the past and, therefore, helped its cultural growth, because the attitude to the past determines the cultural level of each people.

The activities of Peter I inspired Russian scientists to study historical monuments. Already in 1739, the historian V.N. Tatishchev in “Proposals on the composition of the history and geography of Russia” reflected on this. On July 19, 1759, the Holy Synod issued an order “On sending plans to the Synod for monastic and church buildings”, and on May 26 of the same year M.V. Lomonosov proposed to compile historical descriptions of churches and monasteries. Other activities were carried out to collect information about immovable monuments. For the storage and study of documentary monuments in 1781, the State Archive was created in St. Petersburg, and in 1782 the State Archive of Old Cases in Moscow. In 1804, the Society of Russian History and Antiquities arose, then the activity of archeographic expeditions began, which led to the intensification of the study and publication of documentary monuments.

The Patriotic War of 1812 caused a rise in national self-consciousness, and interest in monuments of military history increased. At the same time, for the first time, the idea was expressed of protecting monuments and memorable places not of some bygone eras, but of recent great events, in order to preserve these relics for posterity. This was done by the commander M.I. Kutuzov. In October 1812, shortly after the Battle of Borodino, he wrote to A.N. Naryshkina: “The village of Tarutino, which belongs to you, was marked by the glorious victory of the Russian army over the enemy. From now on, his name should shine in our chronicles along with Poltava, and the Nara River will be as famous for us as Nepryadva, on the banks of which countless Mamai’s militias died. I humbly ask you, gracious empress, that the fortifications made near the village of Tarutina, the fortifications that frightened the enemy regiments and were a solid barrier, near which the rapid stream of destroyers stopped, threatening to flood all of Russia, so that these fortifications remain inviolable.

Let time, not human hand, destroy them; let the farmer, cultivating his peaceful field around them, not touch them with his plow; even at a later time they will be for the Russians sacred monuments of their courage; let our descendants, looking at them, be ignited by the fire of competition and say with admiration: this is the place where the pride of predators fell before the fearlessness of the sons of the Fatherland!

Your neighbor, Prince Volkonsky, volunteers to erect a monument to Russian soldiers on the land of the village of Letashevka belonging to him, but you have no need to erect monuments. Tarutino fortifications, rising menacingly between your calm fields, will in themselves be indelible traces of Russian courage and Russian glory.

The next important step in the protection of monuments was made during the reign of Emperor Nicholas I. On December 31, 1826, a circular of the Ministry of Internal Affairs No. 1068 was issued, sent to the governors and talking about the delivery of information about monuments-buildings and a ban on destroying them.

Further, it was ordered to remove plans from such buildings, to find in local archives all possible information about them, indicating the time and material of construction, all reconstructions, the causes and time of great destruction and loss of individual parts, the possibility of repair and restoration, etc. In fact, this meant that Nicholas I, for the first time in the history of Russia, made an attempt to create a national Code of historical and cultural monuments.

In 1851, work on the Code was continued on the basis of materials from a new survey of the provinces and the identification of ancient and remarkable objects of church and defense architecture, urban and rural civil architecture, and movable and archaeological monuments located there. This activity was carried out by the Ministries of the Interior, Education, Communications and the Senate. At that time, there was no single scientific body coordinating this work, but it was at that time that the scientific development of the very concept of a monument of history and culture began. And soon a special institution appeared, which was entrusted with the protection of ancient buildings and control over archaeological excavations. It was the Imperial Archaeological Commission, established in 1859g. and acting on the funds of the treasury, however small. Along with the Commission, the Technical and Construction Committee of the Ministry of Internal Affairs was also involved in the protection of monuments. In 1857, he issued a Construction Charter, which prohibited the demolition and reconstruction of buildings and structures erected before the 18th century.

The abolition of serfdom in 1861 led to the destruction of noble nests and other old buildings by the new masters of Russia. These sad phenomena caused alarm among the scientific community and all lovers of antiquity, and the general revival of public life led to the emergence of the Moscow Archaeological Society in 1864 and the Russian Historical Society in 1866. The first studied archeological monuments, the second collected and published

old and ancient manuscripts and documents. The tireless activity of all these societies led to the convening of the First Archaeological Congress in Moscow in 1869. It was headed by the famous archaeologist Count Aleksey Sergeevich Uvarov. On his initiative, the congress raised the issue of developing legislation for the protection of monuments. The congress created the Commission for the Preservation of Ancient Monuments, which carried out extensive restoration work in Moscow, Smolensk, and Rostov the Great. The creation of numerous historical societies and institutions began. Finally at 1909, the Society for the Protection and Preservation of Monuments of Art and Antiquity in Russia was founded. II Archaeological Congress (Petersburg, 1871) developed a draft regulation on the protection of ancient monuments. In April 1877, the commission presented its Draft Rules for the Preservation of Historical Monuments. In this document, it was planned to entrust the management of the protection of monuments to a special Imperial Commission operating under the Ministry of Public Education. The Commission was composed of permanent and advisory members. That is, it was proposed to transfer the management of the protection of monuments not to state officials, but to specialists, with the broad participation of interested departments and the scientific community. The commission received broad rights, including taking under protection, and in exceptional cases, allowing the reconstruction and demolition of the object.

The lack of proper laws led to the distortion of existing monument buildings as a result of unauthorized reconstructions, especially churches. On April 14, 1905, the commission completed work on the Basic Provisions for the Protection of Monuments. The commission proposed to consider as historical and cultural monuments: “a) monuments of architecture, painting and sculpture, b) monuments in honor of persons and historical events, c) monuments of applied art, and e) in general, all monuments remarkable for their antiquity, artistic merit, and archaeological or historical significance. Thus, for the first time an attempt was made to determine the period after which the object can be attributed to the historical and cultural heritage. For each monument, a special document was drawn up with a description and photographic fixation of the object – what is now called the passport of the monument and is its main security document.

The project was developed in some detail, but its discussion caused a lot of controversy, especially regarding the protection of monuments that are in private ownership. The proposal of the project, which spoke about the alienation of a monument for a certain reward, which is in private possession, but has a certain archaeological and historical value, is still relevant today.

The question of the protection of monuments was returned in 1908. A new commission met. She expanded the concept of monument protection, transferring it from buildings to all ancient objects. The Commission repeated the main provisions of its predecessors, which again provoked strong protests. While there were debates about the new law, Emperor Nicholas II issued a decree to the Synod prohibiting the rebuilding and restoration of ancient churches without the consent of the Archaeological Commission. November 30 1909 The Synod issued a corresponding decree to the dioceses.

Finally, on October 29, 1911, Minister of the Interior A.A. Makarov presented to the State Duma a report on the draft regulation on the protection of antiquities.

Monuments were proposed to be divided into two groups depending on the rules of protection: “monuments that are in the use and disposal of various departments and institutions, and the second – monuments belonging to private owners.” For the protection of historical and cultural heritage, the Committee for the Protection of Antiquities under the Ministry of Internal Affairs was created, endowed with authority. The Committee also included representatives of scientific institutions, ministries and public organizations. It had local branches. The Committee accepted the monuments under protection, disposed of their repair and restoration. Of course, not all issues were comprehensively and exhaustively defined in the text of the law, but its developers believed that the State Duma would make the necessary amendments. However, the Duma Commission did not justify their hopes. She excluded from the draft law an article on the priority of the government in the purchase of monuments from private individuals, allowed the export of antiquities abroad, challenged the right of the Archaeological Commission to manage excavations in private properties. The new version of the law was submitted to the Duma at 1912 and was again returned for revision.

The outbreak of the First World War interrupted the discussion around the law, but soon the discussion of the drafts resumed in scientific societies and in the press, because. that the war caused the death of many historical and cultural monuments, their plunder and export abroad.

The October events dramatically changed the state’s attitude towards historical and cultural monuments. They began to be used primarily as an ideological weapon to fight “class enemies” and to tell how terrible the condition of the working people was under the former regime.

Unfortunately, the justice authorities do not always have information when registering transactions for real estate objects about whether these objects are or are associated with historical and cultural monuments, therefore, restrictions on the use of cultural heritage objects are not recorded in certificates of right, which entails damage to historical and cultural monuments, up to their loss.

Unfortunately, to date, a significant part of the monuments of national history and culture has been destroyed, is under threat of destruction or has sharply reduced its value as a result of the direct or indirect impact of economic activity, as well as due to insufficient protection from the destructive effects of natural processes.

The acuteness of this situation is largely due to the sharp decline in the last decade in the volume and quality of work to maintain monuments (repair, restoration, etc.), their increasingly widespread ownerlessness, a noticeable decrease in the overall effectiveness of state and public control in this area, and as well as reduced funding. According to experts of the Russian Academy of Sciences, the state of historical and cultural monuments under state protection is characterized by almost 80% as unsatisfactory. About 70% of their total number needs to take urgent measures to save them from destruction, damage and destruction as a result of various negative phenomena and processes, including environmental ones. Among them are such widely known architectural complexes in Russia as monuments of white-stone architecture of the Vladimir region included in the UNESCO World Heritage List; Kremlins of Veliky Novgorod, Nizhny Novgorod and Astrakhan; Kirillo-Belozersky monastery in the Vologda region and many others. The problem of preserving monuments of wooden architecture is extremely acute. Only for the period from 19From 1996 to 2001, at least 700 immovable objects of cultural heritage of the peoples of Russia were irretrievably lost.

Experts also assess the state of most historical settlements as close to critical. In recent years, the unjustified and in many cases illegal demolition of historical buildings and new construction in historical territories have not only not been reduced, but have become truly massive. In Ufa, only in the period 1999-2004, 50 historical buildings were demolished, including monuments protected by the state, as well as newly discovered monuments, which are also covered by the current protection system. Unfortunately, this process is happening all over the place. This is especially noticeable in relation to wooden buildings. This problem is most acute in Arkhangelsk, Vologda, Nizhny Novgorod, Kazan, and Ufa. The situation is also in Ulyanovsk. A truly catastrophic situation regarding the architectural heritage has developed in the pearl of Siberia – Tobolsk, where almost all the wooden and stone buildings of the so-called Lower City are under threat of destruction.

In many cases, the main threat to historical and cultural monuments is active commercial construction. The demolition of valuable but dilapidated buildings takes place primarily in order to obtain new construction sites in prestigious city centers, resulting in the destruction of the historic urban environment. Ulyanovsk, unfortunately, can serve as one of the best examples in this regard. If appropriate measures are not promptly implemented, the city as an integral heritage site may be irreparably damaged.

In large cities, there is a massive reduction in the number of genuine historical and cultural monuments by replacing them with more or less exact copies made from modern building materials, which was noted in the report to the Government of the Russian Federation “Architecture

Russia. State and development prospects”, prepared by the Russian Academy of Architecture and Building Sciences in 2002.

The requirements of Federal Law No. 73-FZ of 25.06.2002 on the need to carry out scientific restoration of cultural heritage objects with the involvement of restoration specialists for its implementation are often ignored, which leads to the replacement of repair and restoration work with work on the radical reconstruction of cultural heritage objects, including including those associated with the construction of attics, redevelopment, construction of new floors and extensions. At the same time, the requirements for preserving the environment of heritage sites are ignored, the building regime on the territory of the monument and in protection zones is violated. Huge new buildings are being erected near many of them. Our city has not escaped a similar fate.

Special attention should be paid to the problem of communal services in cities. It is impossible to enjoy getting to know an architectural monument if we see around us not well-groomed quarters, but dirt, tasteless new buildings, poverty and devastation. This is directly related to the attitude of the inhabitants themselves to their monuments.

It should also be borne in mind that the cultural and architectural heritage of Russia, especially in the so-called province, is still very poorly studied. We must not forget that for decades, entire epochs of the development of domestic architecture, in particular, the architecture of the second half of the 19th – early 20th centuries, and entire typological areas of construction: places of worship, individual houses, noble and merchant estates, etc.

A significant part of the objects, primarily estate complexes, turned out to be ownerless and left to the mercy of fate. This has led to the fact that literally over the past decade, many estate complexes have turned into ruins.

Serious problems have arisen in the field of identification, study, state protection and conservation of archaeological heritage sites. The system of organization and management in this area that existed in previous decades requires clarification and adjustment to take into account the new Russian realities.

The problem of preserving the archaeological heritage is the ever-increasing number of excavations by “black archaeologists”, covering almost all regions of the country. One of the main reasons for the prosperity of “black archeology” can be considered insufficiently stringent measures to prevent violations and punish violators of the legislation on the protection of cultural heritage sites. In order to correct the current situation, the Government of the Russian Federation, in accordance with the established procedure, sent to the regions for approval additions and amendments to the Code of Administrative Offenses of the Russian Federation in terms of toughening responsibility for causing damage to archaeological monuments, as well as increasing the efficiency of the mechanism for its implementation. It should be emphasized that the negative processes described above in the field of cultural heritage were largely the result of interdepartmental disunity, inconsistency in the actions of some federal and regional authorities and local governments, and, no less important, the actual exclusion of the public from participating in decision-making in this area.

The physical condition of more than half of the country’s historical and cultural monuments under state protection continues to deteriorate and is currently characterized as unsatisfactory. According to experts, about 70% of the total number of monuments need to take urgent measures to save them from destruction, damage and destruction as a result of various negative phenomena and processes, among which environmental ones play a special role.

For example, such an impact as air pollution by industrial facilities, vehicles and utilities contributes to the formation of a chemically aggressive environment and causes the destruction of natural building materials, as well as brickwork, paint layers, plaster, decor.

Another important problem is the contamination of the territory of monuments with waste (household, construction, industrial), leading to the development of biodamages of building structures, disruption of surface water drainage and waterlogging of soils, and increased fire hazard.

And there are a lot of such factors: vibration, flooding with ground and industrial waters, etc.

Thus, the main necessary condition for ensuring the preservation of cultural heritage objects at present should be the improvement of state policy based on a comprehensive account of the composition and condition of cultural heritage objects, modern socio-economic conditions for the development of society, the real possibilities of authorities, local self-government, public and religious organizations, other persons, peculiarities of the national and cultural traditions of the peoples of the Russian Federation and many other factors. It is necessary that the state policy to ensure the safety of cultural heritage objects proceed from the recognition of the priority of preserving the historical and cultural potential as one of the main socio-economic resources for the existence and development of the peoples of the Russian Federation and to implement an integrated approach to solving issues of state protection, direct conservation, disposal and use objects of cultural heritage of all types and categories.

At the current stage of development of society, radical measures are needed that would correspond not only to the wishes of individuals, but also to world standards.

For example, it should be noted that abroad the transfer of historical and cultural monuments to private ownership is quite a common occurrence.

It is on this experience that some modern Russian researchers in this field rely. They believe that the privatization of cultural monuments would be quite timely: there is still something to sell.

But solving this problem in such a one-sided way is possible and should not be. A comprehensive, well-defined set of measures is needed that would cover all aspects of this problem.

The history of the protection of Russia’s cultural heritage spans more than three centuries – during this period, protection legislation was formed, a state protection system was created, the main methodological principles for the protection of monuments were developed, and a national restoration school was taking shape.

The last decades with its new economic and socio-political realities have exacerbated a number of problems in the field of protection of antiquities, the solution of which is impossible without taking into account the experience of past years. One of these problems is the privatization of monuments and the formation of various forms of ownership of them. In this regard, the regulation of the rights of owners by the state, the development of optimal relations between the parties is one of the most important issues of today’s monument conservation policy.

Modern Russian cities are changing their appearance – new houses are being built, squares are being arranged, monuments are being erected, once lost monuments are being recreated. At the same time, the features of the architectural and historical environment are often ignored: houses of new architecture are being built that are in no way connected with Russian traditions, genuine unique objects are distorted and destroyed, and countless remodels are being built.

The cultural and natural heritage of Russia is actively involved in the global cultural space. Our country is a full member of such authoritative international organizations as the United Nations Educational, Scientific and Cultural Organization (UNESCO), the International Council of Museums (ICOM), the International Council on Monuments and Sites (ICOMOS). Many unique monuments of Russia are under the auspices of these organizations.

Modern domestic research is developing new methodological approaches to the protection of cultural and natural heritage, which correspond to the international level. In the future, the Russian practice of heritage protection is the preservation of unique territories with the complex regeneration of historical and cultural monuments, traditional forms of management and nature management.

Russian cultural heritage will only become a full-fledged part of the world heritage when Russian society realizes the need to preserve its national heritage and effective protection legislation is created in the country.

Literature:

1. Trouble A.M. Protection of cultural heritage. M., 1999.

2. Vedenin Yu.A. Cultural and natural heritage of Russia. M., 1995.

3. Mikhailova N.V. State-legal protection of the historical and cultural heritage of Russia in the second half of the XX century. M., 2001.

4. Velikanov Yu.S. Preservation of the heritage of Russia. SPb., 2001.

5. Protection and use of cultural monuments: a collection of normative acts and regulations. M., 2004.

Article 63. Term and limits of validity of normative acts on the protection and use of monuments of history and culture of the Russian Federation \ ConsultantPlus

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Documents
Article 63. Term and limits of validity of normative acts on the protection and use of monuments of history and culture of the Russian Federation

A revised version of the document has been prepared with amendments that have not entered into force

Federal Law of June 25, 2002 N 73-FZ
(as amended on 12/21/2021)
“On objects of cultural heritage (monuments of history and culture) of the peoples of the Russian Federation”

Article 63. Term and limits of validity of normative acts on the protection and use of monuments of history and culture of the Russian Federation

later than December 31, 2010, the rules for the protection, restoration and use of historical and cultural monuments of the Russian Federation, established by the Regulation on the protection and use of historical and cultural monuments, approved by the Decree of the Council of Ministers of the USSR of September 16, 1982 N 865 (SP USSR, 1982, N 26, art. 133) and applied insofar as these rules do not contradict this Federal Law.

2. When implementing paragraph 4 of Article 2 of this Federal Law in respect of objects of cultural heritage of federal significance that were immovable monuments of history and culture of state (all-Union and republican) significance before December 27, 1991, the Government of the Russian Federation approves lists of cultural heritage objects that are necessary to ensure the exercise by the constituent entities of the Russian Federation, municipalities of the powers established by federal laws, and also in respect of which the right of ownership of the Russian Federation must be formalized.

The specified lists of objects of cultural heritage of federal significance (hereinafter in this paragraph – the lists of objects) are formed at the proposals of the highest executive bodies of state power of the constituent entities of the Russian Federation and local authorities by the federal executive body exercising the functions of managing federal property, in agreement with the federal body executive power, which performs the functions of developing state policy and legal regulation in the field of culture and historical and cultural heritage.

These proposals for the lists of objects are drawn up on the basis of state records of objects of historical and cultural value, and must be submitted to the federal executive body in charge of federal property management no later than December 1, 2007.

(as amended by Federal Law No. 230-FZ of October 18, 2007)