Canton of Friborg

Cultural Property Protection Act (LPML)

of 07.11.1991 (version entered into force on 01.07.2015)
The Grand Council of the canton of Friborg
Given the law of May 24, 1991 on cultural affairs; Given the federal law of October 6, 1966 on the protection of cultural property in the event of armed conflict; Considering the message of the Council of State of February 19, 1990; On the proposal of this authority,
Decrees:
1 General provisions Art. 1 Purpose 1 This law sets out the rules relating to the protection of cultural property, except those relating to regional planning and the construction police.

Art. 2 Definitions - Protection 1 The expression protection designates all the measures which contribute to the conservation and enhancement of cultural property.
Art. 3 Definitions - Cultural property 1 The expression cultural property designates an object, building or piece of furniture, ancient or contemporary, which is of importance to the community as a witness to spiritual activity, artistic creation and life social. 2 The expression immovable means a construction, a constructed site or a historic or archaeological site. 3 The expression furniture means a movable object, whatever its nature.
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Art. 4 Definitions - Protected cultural property 1 The expression protected cultural property designates any cultural property placed under protection in accordance with this law or with legislation on town and country planning and the building police.
Art. 5 Principles - Liability of the owner 1 The primary responsibility for the protection of cultural property rests with its owner.
Art. 6 Principles - Subsidiarity 1 The municipality or the State intervenes on a subsidiary basis, to the extent ordered by the public interest.
Art. 7 Principles - Legality 1 Any restriction on ownership is subject to the existence of a legal basis.
Art. 8 Principles - Proportionality 1 A restriction of ownership must not infringe on the rights of the owner more seriously than required by the aim of the public interest sought.
Art. 9 Principles - Right to be heard 1 The owner must be informed and has the right to be heard before a measure including a restriction of the property is taken with regard to him, except in case of urgent measures.
Art. 10 Principles - Compensation 1 In the event of expropriation or restriction of property equivalent to an expropriation, fair and complete compensation is due.
2 Incentive measures Art. 11 Information, documentation and training 1 The State promotes knowledge and respect for cultural property through education, through the activities of its cultural institutions, through publications and through the maintenance of documentation on the Friborg cultural heritage. 2 It can help people who are pursuing the same goals.
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3 It encourages and supports basic training and continuing professional training in the fields of protection of cultural property.
Art. 12 Advice 1 At the owners' request, the State advises them on how to protect their cultural property.
Art. 13 Financial aid - Principle of granting 1 The State participates in the costs of conservation and restoration of protected cultural property belonging to private persons. 2 He may also participate in these costs when the goods belong to other people. 3 The financial assistance is reduced or discontinued when the work has not been carried out in accordance with the prescriptions; it can be refused or reduced when the financing of the works can be easily ensured by other contributions.
Art. 14 Financial assistance - Form 1 The State's participation takes the form of the allocation of subsidies. Exceptionally, it may also consist of guaranteeing a loan or assuming, in whole or in part, the interest and costs of a loan. 2 Financial assistance is allocated by decision. However, when special circumstances justify it, it may also be the subject of a contract. 3 The decision to award grants may be taken on the basis of multiannual commitment appropriations, in accordance with the procedures laid down in grant legislation.
Art. 15 Financial aid - Conditions and charges 1 The granting of financial aid may be accompanied by conditions or charges intended to ensure the conservation, development or accessibility to the public of a cultural object, or to respect its character . 2 State financial assistance may be subject to the granting of a subsidy by the municipality or by third parties.
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Art. 16 Financial assistance - Amount 1 The amount of financial assistance is determined according to the nature of the work, in particular: a) the value of the object as cultural property; b) the cost of conserving or restoring the character-defining elements conferring on the object its value as cultural property; c) the importance of the site and the location of the object on the site. 2 Account may also be taken of: a) the financial consequences of the protective measures, conditions and charges imposed; b) financial assistance from third parties; c) the financial capacity of the owner; d) the material advantage that the owner can derive from the work. 3 For conservation and restoration works meeting the objectives set by the Confederation, the amount offinancial assistance is determined according to the overall resources obtained under a program agreement.
Art. 17 Financial assistance - Restitution 1 In addition to the ordinary cases in which a subsidy decision can be revoked, the State requires the restitution, total or partial, of the financial assistance awarded when the owner disposes of his property within ten years following the deposit final accounts and realize a taxable gain; the amount of the refund decreases from year to year. 2 The terms of the return are set out in the regulations.
Art. 18 Financial aid - Competence 1 Decisions relating to the granting of financial aid by the State fall within the competence of the Council of State when the expenditure exceeds the amount indicated by the regulations; in other cases, they are the responsibility of the Department responsible for culture 1) (hereinafter: the Department). 2 They are taken upon notice from the Cultural Property Commission.
1) Currently: Department of public education, culture and sport.
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3 Protection measures
3.1 Placing under protection Art. 19 Objects 1 The following may be placed under protection: a) immovable cultural property as well as integral parts and accessories which are of specific interest; b) movable cultural property belonging to: 1. a legal person governed by public law, including a legal person governed by canon law; 2. an individual, insofar as they are of exceptional importance for the Friborg cultural heritage or whose protection is required by the owner.
Art. 20 Procedure - Buildings 1 The immovable cultural goods are put under protection by the instruments and according to the procedures of the legislation on regional planning and constructions.
Art. 21 Procedure - Furniture 1 Putting furniture under protection falls under this law and is the responsibility of the State. 2 Movable cultural property is placed under protection according to the procedure laid down by the Council of State. This may provide for contractual protection, when the interests of protection so require. 3 When a piece of furniture is part of a building placed under protection by a measure relating to regional planning, it can also be protected by virtue of this same measure.
Art. 22 Scope 1 Unless otherwise provided, the protection of cultural property extends to the object as a whole, that is, for buildings, exterior and interior structures and elements and, where applicable, the surroundings, site and buried archaeological objects. 2 When special circumstances justify it, the protection may be extended to the interior layout.
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Art. 23 Effects - In general 1 The general protection effect of obliging the owner to keep the object. 2 It may be accompanied by additional effects by prescriptions on the conditions of conservation and on the development of the object. 3 If the owner, the municipality or the management so request, the protective measures are mentioned in the land register. 4 The transformation of protected immovable cultural property can only be authorized if it does not affect its character or that of the site. 5 The removal or demolition of protected immovable cultural property may only be authorized if overriding interests justify it. The same is true of a transformation which undermines its character. 6 In a protected archaeological site, no intervention subject to theobligation to obtain a building permit, within the meaning of the legislation on town and country planning and construction, cannot be done without the authorization of the Management. 7 In addition, other effects provided for by legislation on town and country planning and construction are reserved.
Art. 24 Effects - Alienation of protected movable cultural property 1 Legal persons under public law, including legal persons under canon law, may not alienate protected movable cultural property without the authorization of the Directorate, which decides on the notice of the Commission cultural goods. 2 Authorization may be refused if conservation of the object or its maintenance in the canton is not ensured, if the object is closely linked to the history and identity of its owner or if, for d Other reasons, alienation appears to be contrary to the protection of cultural property. 3 The authorization may be subject to conditions or charges. 4 Unauthorized disposal is void.The Public Prosecutor's Office declares the nullity and ensures the reintegration of alienated objects.
3.2 Acquisition of cultural property by the public body Art. 25 Right of first refusal on protected furniture - Holders 1 The State and the municipality hold a right of first refusal on any protected movable cultural property which is of exceptional importance for the Friborg cultural heritage. The state can exercise its right first.
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2 The right of pre-emption can be transferred to the parish for objects belonging to religious heritage.
Art. 26 Right of first refusal on protected furniture - Deadline 1 The deadline for exercising the right is three months from the day on which the State or the municipality becomes aware of the sale. The right expires at the end of a period of five years from the alienation. 2 The owner of a protected movable cultural property must announce the sale to the Direction and the municipality.
Art. 27 Expropriation of buildings 1 The municipality and the State may, if necessary, expropriate a protected immovable cultural property which is of exceptional importance for the Friborg cultural heritage, to ensure: a) conservation and restoration; b) assignment to a public interest purpose. 2 They may also, if necessary, resort to the expropriation of buildings to ensure: a) the development of the site or the surroundings of a protected cultural property; b) the development or construction of shelters for the protection of cultural property in the event of armed conflict and crisis. 3 The municipality can exercise its right first. 4 The law on expropriation is applicable.
Art. 28 Compulsory deposit of printed matter and recordings - Objects submitted 1 Any printed matter or recording intended for the public, regardless of the medium or mode of reproduction, of which the publisher, printer, producer or author is established or domiciled in the canton, must be given free of charge to the Cantonal and University Library. 2 However, printed matter or recordings with a very high unit price, which are printed or produced in less than two hundred copies or which are the fruit of an engraved work must be announced to the Library and must not be sent to them. delivered only at his request and against payment of compensation equal to half of the ordinary sale price. 3 The documents of the cantonal administration are governed by the special rules relating to archiving.
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Art. 29 Compulsory deposit of printed matter and registrations - Obligation holder 1 The obligation to deliver or advertise rests, in order of priority and subsidiarily, with the printer or producer, the publisher and the author.
3.3 Control of catering and trade Art. 30 Control of restoration 1 The State may require the keeping of documentation on the restoration work of protected cultural property. 2 It may subject to authorization the restoration of protected movable cultural property.
Art. 31 Control of trade 1 Trade in movable cultural property may be subject to conditions or charges necessary for the protection of property or the suppression of illicit traffic.
3.4 Protection in the event of armed conflict and crisis Art. 32 Duties of owners and possessors 1 The owner and possessor of cultural property, within the meaning of the Federal Law on the Protection of Cultural Property in the Event of Armed Conflict, has the duty to take or permit measures with a view to '' provide protection in the event of armed conflict and crisis in accordance with the relevant provisions.
Art. 33 Tasks of the State 1 The State assumes the following tasks: a) it establishes the inventory of cultural property of national and regional importance which must be protected in priority in the event of armed conflict and crisis; it also draws up, on notice from the municipalities concerned, an inventory of cultural property of local importance which it intends to submit to federal provisions; b) it draws up security documentation relating to the inventoried objects; c) he arranges or builds shelters for cultural property which he owns or which is entrusted to him; d) it participates in the financing of the development and construction of shelters intended for protected cultural property;
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e) it advises and transmits the grant requests addressed to the Confederation; f) organize the protection of cultural property in the event of armed conflict and crisis in the context of general defense, and especially within civil protection; it accomplishes this task in collaboration with the municipalities and with the bodies responsible for the protection of the population; g) it oversees the training by municipalities of persons assigned to the protection of cultural property in the event of armed conflict and crisis.
3.5 Notice obligation and provisional measures Art. 34 Obligation to notify 1 A person who discovers a cultural object must immediately inform the competent service.
Art. 35 Provisional measures 1 When a cultural object is threatened with degradation, disappearance or export, when it seems to be in need of protection and it is not yet protected or when the measures taken prove to be insufficient, the Management takes the necessary interim measures such as: a) prior examination of the object; b) the prohibition to modify or destroy the object, despite, where applicable, the prior granting of a building or demolition permit; c) the execution of surveys or surveys; d) the order to carry out consolidation or maintenance work; e) restriction of the power of disposal; f) the seizure of the object. 2 The provisional measure shall have effect for three months or, if a protective procedure has been opened within that period, untilentry into force of the protective measure decision. 3 An act which does not respect a restriction on the power of disposal is void.
3.6 Delegation to third parties Art. 36 1 The municipality and the State may entrust third parties with the exercise, under their control, of specified tasks for the protection of cultural property.
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2 Delegation to third parties by decision of the State is the responsibility of the Council of State.
4 Archaeological excavations Art. 37 State jurisdiction 1 Archaeological excavations are the responsibility of the State. 2 When third parties are exceptionally authorized to carry out excavations, the State may reserve the ownership of the excavation files as well as the exclusive right to publish the results.
Art. 38 Right of the State to carry out searches 1 The State has the right to carry out the necessary searches if buried cultural property is exposed to a risk of destruction or disappearance as a result of work or for another relevant reason. 2 In the absence of such a risk, the necessary searches may only be carried out if the presumed importance of the buried cultural property justifies it. 3 Neighbors must also, if necessary, allow encroachments necessary for access and excavation.
Art. 39 Property 1 Archaeological objects unearthed during excavations carried out by the State or by third parties become the property of the State, with the exception of those which are left on site to be kept there.
Art. 40 Compensation 1 The owner is compensated for material damage resulting from excavations. 2 For other damage, he is entitled to compensation if the possibility of carrying out searches has not been reserved or if he is subject to a restriction on his property equivalent to an expropriation. 3 The compensation provided for in article 724 al. 3 of the civil code is also reserved. 4 In the absence of an agreement, the compensation is fixed by the expropriation judge.
Art. 41 Provisional measures 1 Provisional measures are governed by the provisions of article 35.
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Art. 42 Financing 1 The State finances the archaeological excavations it carries out.It can grant subsidies to third parties authorized to carry out excavations.
Art. 43 Procedure 1 The Council of State issues provisions on the competence to decide on archaeological excavations and on the procedure to be followed, in particular on the consultation of owners, other affected persons and the municipality. 2 It may provide, in cases where special circumstances justify it, the conclusion of contracts with the persons concerned.
Art. 43a Unauthorized prospecting 1 A person liable, intentionally or through negligence, will have prospected without authorization on the cantonal territory is liable to a fine of up to 5,000 francs, in particular by means of apparatus for detecting objects, in particular metal. 2 The fine is pronounced by the prefect.3 Prosecution and adjudication of offenses takes place in accordance with the law on justice.
5 Census and inventory Art. 44 Census of cultural goods - Principles 1 The State establishes a census of cultural goods listed in article 19, in the form of a descriptive list of cultural goods which are of interest to the canton. 2 Separate censuses are taken for buildings and for furniture; if necessary, specific censuses can be established for specific categories of cultural property.
Art. 45 Census of cultural property - Goal 1 The census aims to provide information for the owner, the authorities responsible for the protection of cultural property and the public. 2 The inventory of immovable cultural property constitutes one of the basic data which the municipalities take into account when drawing up and modifying local development plans. The relevant departments of the Directorate advise the municipalities during the development and modification of the plans and regulations which accompany them.
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Art. 46 Census of cultural property - Procedure 1 The census is stopped and regularly updated by the Cultural Property Commission.
Art. 47 Census of cultural goods - Financing 1 The costs of the census are borne by the State. 2 Legal persons under public law, including legal persons under canon law may be called upon, by decision of the Council of State, to participate in the costs of the inventory of objects of which they are owners, up to half of the costs workforce.
Art. 48 Inventory of protected cultural property 1 Protected cultural property is listed in an inventory, which is drawn up by the State. 2 The inventory is kept by the relevant departments of Management.
6 Failure to comply with regulations Art. 49 Duty of restoration 1 When a protected cultural object suffers an infringement contrary to the law, the owner must restore it in a compliant state.
Art.50 Execution by the State or by a third party 1 When the owner of a protected cultural property does not perform a task incumbent on him under this law, the Directorate may order the execution of the appropriate measures by a service of the 'State or by a third party at the owner's expense. The special building police rules are reserved. 2 Unless there is imminent danger, the order must have been preceded by a formal notice which has not had sufficient effect. 3 If the costs are advanced by the State and the measures relate to an immovable, the State's claim against the owner is guaranteed by a legal hypothec (art. 73 LACC).
Art. 51 Penal provisions 1 The penal provisions of the legislation on land use planning and constructions are applicable to those who have intentionally violated the provisions of articles 24, 25, 35 and 37 of this law.
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2 Cases are reserved in which the elements constituting a more serious offense are met.
Art. 52 Confiscation 1 Article 58 of the Swiss Criminal Code on the confiscation of objects and pecuniary advantages obtained unlawfully is applicable by analogy to the offenses set out in article 51.
7 Organization Art. 53 Council of State 1 The Council of State exercises the following attributions: a) it exercises the high surveillance as regards protection of the cultural goods; b) it issues the implementing regulations, in particular it establishes the rules of organization and procedure; c) he exercises the other powers entrusted to him by this law and by the implementing regulations; d) it takes all useful measures to ensure inter-cantonal collaboration in the area of ​​cultural property.
Art. 54 Directorate 1 Directorate 2) exercises the following powers: a) it takes the appropriate initiatives to implement the protection of cultural property, taking into account the respective powers of the implementing bodies; b) it exercises the powers entrusted to it by this law and by the implementing regulations; c) it exercises all the powers relating to the protection of cultural property, which are not expressly attributed to another body by this law, the implementing regulations or by special legislation.
Art. 55 Cultural services and institutions 1 The Directorate includes the services necessary for the exercise of its powers.
2) Currently: Directorate of Public Education, Culture and Sport.
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2 The cultural institutions of the State contribute to the protection of cultural property to the extent of their powers, in accordance with the provisions which govern them.
Art. 56 Cultural Property Commission - Composition 1 The Cultural Property Commission (hereinafter: the Commission) consists of a president, a vice-president and eleven to fifteen other members appointed by the Council of State. 2 Those interested in the protection of cultural property must be represented. 3 The State Councilor-Director or the representative designated by him may attend the meetings of the Commission, in an advisory capacity.
Art. 57 Cultural Property Commission - Organization 1 The Commission is administratively attached to the Directorate. 2 The office of the Commission is made up of the president and four other members of the commission designated by the Council of State. It treats, by delegation of competence, objects of secondary importance and urgent cases. 3 The Council of State may establish sub-committees for the performance of specific tasks. They are chaired by members of the Commission. 4 The Council of State issues the necessary implementing provisions.
Art. 58 Cultural Property Commission - Powers 1 The Commission exercises the following powers: a) it proposes any measure likely to promote the protection of cultural property; b) it proposes adequate protection measures to the municipalities and the Council of State; c) it gives its opinion on the general principles governing the protection of cultural property; d) at the request of the Management or its departments, it gives its notice on the plans of development plans and works relating to objects appearing in the inventory;
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e) at the request of the municipality or of the service responsible for town and country planning and construction 3), it gives its notice on work projects relating to buildings of aesthetic or historical interest, as well as on major projects, for the same reason, for the general appearance of a site, a locality, a district, a street or a square, even if these objects are not listed in the inventory; f) it exercises the powers conferred on it by this law, the implementing regulations and special legislation. 2 It is entitled to request the intervention of the Public Prosecutor's Office against unlawful alienation (art. 24).
8 Legal remedies Art. 59Complaint and appeal 1 The decisions of the Management relating to the allocation of financial assistance may, within thirty days, be the subject of a complaint to the Management. 2 Decisions on complaints and other decisions of the Management are subject to appeal in accordance with the code of procedure and administrative jurisdiction. 3 The Directorate has standing to appeal against the decisions of the prefects and the municipalities taken in application of the legislation on regional planning and constructions, relating to the protection of cultural property.
Art. 60 Capacity to act - Individuals 1 The quality of individuals to act against decisions relating to the protection of cultural property is defined by the code of procedure and administrative jurisdiction.
Art. 61 Capacity to act - Municipalities 1 Municipalities have standing to act against decisions relating to the protection of cultural property when they have an interest worthy of protection in their cancellation or modification.
3) Currently: Construction and planning department.
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Art. 62 Power to act - Organizations 1 Any association, within the meaning of articles 60 et seq. Of the Swiss Civil Code, the statutory aim of which is the protection of cultural property has standing to act against decisions relating to the protection of cultural property which affect objects entering the sphere of its ordinary activities, provided that it has existed for at least five years at the time when it asserted its rights.
9 Transitional and final provisions Art. 63 Amendments - Law implementing the Swiss Civil Code 1 The law of 22 November 1911 applying the Swiss Civil Code for the canton of Friborg is amended as follows: ...
Art. 64 Amendments - Law on cantonal taxes 1 The law of 7 July 1972 on cantonal taxes is supplemented as follows: ...
Art. 65 Amendments - Law on spatial planning and constructions 1 The law of May 9, 1983 on spatial planning and constructions is amended as follows: ...
Art. 66 Repeal 1 The law of 8 February 1974 on the compulsory deposit of printed matter and registrations intended for the public is repealed.
Art. 67 Transitional law - Classification 1 Cultural property which has been classified within the meaning of the old law is now considered to be under protection within the meaning of this law. 2 The classification procedures remain governed by the old law if the file was put to the public inquiry before the entry into force of this law.
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Art. 68 Transitional law - Planning measures 1 Cultural property which has been included in a protection zone or which has been the subject of a specific protection measure within the meaning of the law on spatial planning and construction is now considered to be under protection, within the meaning of this law, within the limits determined by the local development plan and its regulations or by the protective measure. 2 Paragraph 1 is applicable to cultural goods included in an inventory within the meaning of the old law when a land use plan or its regulations refer to the inventory and the reference was mentioned in the file put on the public survey.
Art. 69 Transitional law - Inventory 1 Cultural goods which have been registered in the inventory within the meaning of the old law are now considered to be registered in the census. Clause 68 allowed to stand. 2 Those of these goods whose registration had been communicated to the owner are also governed by article 195 al. 2 of the law on spatial planning and construction.
Art. 70…
Art. 71…
Art. 72 Execution and entry into force 1 The Council of State is responsible for the execution of this law, of which it fixes the date of entry into force. 4)
Approval
The modification of 08.09.2011 was approved by the Federal Department of Justice and Police on 21.12.2011.