Chapter I General provisions

Art. 1 Goal

The purpose of this Act is:

a) to preserve the monuments of history, art or architecture and real estate or movable antiques located or found in the canton;

(b) to preserve the characteristic appearance of the landscape and of the localities, buildings and sites of interest, as well as the natural beauties; (17)

c) to ensure the preservation of nature, by providing the necessary living space for flora and fauna, and by maintaining natural environments;

d) promote public access to a site or its point of view;

e) to encourage all educational measures and to support the efforts undertaken in favor of the protection of monuments, nature and sites;

(f) to encourage energy savings and the production of renewable energies during the renovation of buildings for the benefit of a heritage protection measure. (37)

Art. 2 Nature of the restrictions

The restrictions on land ownership resulting from this law are public law.

Art. 3 Corporations and establishments under public law

1 Corporations and establishments under public law, as well as persons charged by them with tasks of public interest, are similarly subject to this law.
2 The Council of State may however grant them derogations when overriding reasons of public interest justify it.

Chapter II Monuments and Antiquities

Section 1 General protection

Art. 4 (17) Definition

The following are protected in accordance with this law:

a) monuments of history, art or architecture and real estate antiques located or discovered in the canton, which are of archaeological, historical, artistic, scientific or educational interest, as well as the land containing these objects and their surroundings;

b) buildings and sites of interest, as well as natural beauties.

Art. 5 Provisional measures

1 In the event of imminent harm or danger, the competent authority shall take the appropriate protective measures. In particular, it may order the immediate cessation of work and, if necessary, the restoration of the previous inventory.
2 If no procedure for classification or inventorying has been opened within 6 months from the date of the provisional measures, they will lapse. If necessary, the Council of State may extend this period by up to 6 months. (21)

Art. 6 Right of access
Representatives of the competent authority may visit and examine, with prior notice given in good time, any building referred to in article 4.

Section 2 Inventory

Art. 7 Establishment

1. An inventory is drawn up of all the buildings worthy of protection within the meaning of article 4. If a request for inclusion in the inventory is made in the form of a request motivated by the municipality of the location of the building in question or by an association within the meaning of article 63, the authority competent to draw up the inventory is required to rule. Its decision is reasoned. (18)
2. However, if the request for inventorying relates to an immovable whose demolition or transformation has been the subject of a favorable notice from the Monuments and Nature Commission and sites and is provided for by:
1 ° an authorization to build or demolish in force or

(2) a localized district plan or a site plan, both of which have been in force for less than five years,

it is immediately declared inadmissible. (27)

3. When an inventory procedure is opened, the owner is informed personally. (23)
4. The department must render its decision 18 months at the latest after the opening of the registration procedure. inventory, which must be carried out diligently. If this deadline is exceeded, an appeal for miscarriage of justice may be filed with the administrative chamber of the Court of Justice (35) by the owner, the municipality where the monument is located or the person making the request for inventorying. (27)
5. He is invited to make his comments within 30 days of receipt of the notice. As part of a request filed by the municipality or by an association within the meaning of paragraph 1, they are also parties to the procedure. They are invited to submit observations to the competent authority once the advance notice has been given. (27)
6. If the authority responsible for examining the request for inventory concludes that it has been rejected, it is required to examine the advisability of another possible protective measure, such as classification, partial classification or the adoption of a site map and, if necessary, to submit the proposal to the Council of State for decision. (27)
7. The registration of a building in the inventory is notified to the owner. The inventory is not exhaustive: it is regularly updated and published in the Official Notice Sheet. (27)
8. The inventory can be consulted by the public in accordance with the procedures laid down by regulation. (27)
9. Registration in the inventory of a building is mentioned free of charge in the land register, in accordance with article 962 of the civil code. (27)
10. Modification or cancellation of the registration of a building is subject by analogy to the procedure provided for in Article 18 of this Law. (27)

Art. 8 common Notice al

1. The municipality of the location is consulted.
2. The municipal authority must communicate its notice within 30 days of receipt of the file.
3. The silence of the municipality is worth unreserved approval.

Art. 9 Effects

1. The buildings registered in the inventory must be maintained and their elements of interest preserved. Articles 90, paragraph 1, and 93, paragraphs 1, 2 and 4, of the law on various constructions and installations, of April 14, 1988, are applicable by analogy to the work carried out in these buildings. Public interest cases remain reserved. (41)
2. Any person who plans to carry out work on a building listed in the inventory must announce his intention in good time to the competent authority. (17)
3. During the investigation, no work can be performed on a building listed in the inventory. (17)
4. Subject to the opening of a procedure for classification measures within 3 months from the date of receipt of the announcement of the planned work, it is released from the restriction resulting from paragraph 3, unless they are subject to authorization. (21)
5. When the work announced, which is not subject to authorization, has not been executed or undertaken within 15 months from the deadline referred to in paragraph 4, the lifting of the restriction resulting from paragraph 3 lapses. (21)

Section 3 Classification

Art. 10 Arrested

1. To ensure the protection of a monument or antiquity within the meaning of article 4, the Council of State may proceed to its classification by means of an order accompanied, if necessary, by an appropriate plan.
2. If a request for classification is made to it by a request motivated by the municipality where the monument is located or by an association within the meaning of article 63, the Council of State is required to rule. The decision is reasoned. (3)
3. However, if the request for classification relates to an immovable whose demolition or transformation has been the subject of a favorable notice from the commission on monuments, nature and sites and is provided for by:
1 ° an authorization to build or demolish in force or

(2) a localized district plan or a site plan, both of which have been in force for less than five years,

it is immediately declared inadmissible. (27)

Art. 11 Content and duration

1. The classification decree defines:

a) the listed building, its surroundings, if any, and the interest it presents;

b) the protective measures already taken;

c) desirable conservation or restoration measures;

2. Its duration is unlimited.

Art. 12 (3) Procedure

1. When a classification procedure is opened under article 10, the owner is informed personally.
Notice

2. He is invited to make his comments within 30 days of receipt of the notice.
3. In the context of a request filed under article 10, paragraph 2, the municipality or the requesting association are also parties to the proceedings. They are invited to make their comments to the Council of State once the various notices are known.
4. The Council of State must render its decision 18 months at the latest after the opening of the classification procedure, which must be carried out diligently. If this deadline is exceeded, an appeal for miscarriage of justice may be filed with the administrative chamber of the Court of Justice (35) by the owner, the municipality where the monument is located or the person making the request for (21)
5. If the authority responsible for examining the request for classification concludes that it has been rejected, it shall examine the advisability of another protective measure, such as partial classification, inventory or adoption of a site map and submit, where appropriate, the proposal to the Council of State for decision. (21)

Art. 13 Effects

1. From the filing of the classification request and until the final outcome of the procedure linked to it, including in the event of an appeal, but at most for a period of 3 years, the owner cannot bring no change to the original state or to the destination of the building without the authorization of the competent authority. The appeal against the inadmissibility decision pronounced pursuant to article 10, paragraph 3, does not have this effect. The period of 3 years is interrupted in the event of an appeal by the owner. (23)
2. Simple ordinary maintenance work is assimilated to a modification of the building.

Art. 14 Municipal notice

The municipal notice is required in accordance with the procedures prescribed in article 8, the provisions of which are applicable by analogy.

Art. 15 Protection

1. The classified building cannot, without the authorization of the Council of State, be demolished, be subject to major transformations or a change in its destination. (20)
2. Displacement is considered to be demolition and the removal of parts of the building.
3. Simple ordinary maintenance work and minor transformations may be authorized by the competent authority, provided that they have received favorable notice from the Monuments Commission, the nature and the sites and an ordinary authorization request within the meaning of article 3, paragraph 1, of the law on various constructions and installations, excluding the accelerated procedures provided for in article 3, paragraphs 7 and 8 of the said law. (20)
4. The Council of State may prohibit modifying the immediate surroundings of the building, up to a distance determined in each case. (20)

Art. 16 Accessibility to the public

1. The classified building may be declared accessible to the public to the extent compatible with its destination.
2. The Council of State fixes this measure in each case.

Art. 17 (3) Publication and entry in land register

1. The classification decree is published in the Official Notice Sheet. (20)
2. The same is true of the decision to refuse to classify, taken within the framework of a procedure opened under the terms of the article 10, paragraph 2.
3. The authorizations issued under article 15 are published in the Official Notice Sheet.
4. The classification of an immovable is mentioned free of charge in the register in accordance with article 962 of the civil code.

Art. 18 Modification or repeal
1. The classification decree may be modified or repealed only for overriding reasons of public interest or if the immovable it protects no longer has any interest from the point of view of this law.
2. The classification procedure is applicable by analogy.

Section 4 Maintenance

Art. 19 Obligations of the owner

1. Subject to the provisions of article 22, classified buildings must be maintained by their owner.
2. If necessary, the competent authority shall fix a suitable period for the owner to carry out the necessary maintenance work.
3. If it does not, the competent authority carries out the work at the owner's expense.

Art. 20 Restoration of the premises

1. When the owner of a classified building has infringed it without authorization, he must restore it to its previous state. The competent authority shall set a suitable deadline for this purpose.
2. If it does not, the competent authority carries out the work at the owner's expense.

Art. 21 (36) Guarantee
The costs incurred by the State, pursuant to articles 19, paragraph 3, and 20, paragraph 2, are guaranteed by a legal hypothec, in accordance with articles 836 of the civil code and 147 of the implementing law of the Swiss Civil Code and other federal laws in civil matters, of October 11, 2012.

Art. 22 State financial participation
1. The State may participate financially in the costs of conservation, maintenance and restoration of classified buildings, registered in the inventory or whose maintenance is required by a site map within the meaning of the articles 35 et seq. Of this law or under other legal provisions. (30)
2. The allocated grants may be reduced or canceled when the work has been carried out in a manner which does not comply with the prescribed conditions.

Art. 23 Delegation of competence
1. The State may entrust, under its control, the conservation, maintenance and restoration of classified buildings to municipalities, as well as to natural or legal persons pursuing, by pure ideal, the defined goals in Article 1.
2. It may grant subsidies to cover the costs resulting from this task.

Section 5 Acquisition by municipalities and the State

Art. 24 (11) Right of preemption

1. The municipality of the location, subsidiarily the canton, has a legal right of first refusal over classified buildings and immaculated goods when their owner intends to dispose of them for consideration. This right is mentioned in the land register. (42)
Procedure - Notice

2. The owner who disposes for consideration or promises to alienate with the granting of a right of exemption a classified building or an immaculated property must immediately notify the municipality of the location and the Council of State, at the latest upon deposit of the deed in the land register. He simultaneously communicates to them a certified copy of this act. (42)
Right to be heard

3. When the municipality or the Council of State plans to exercise its pre-emption right, the pre-emptor must first question the owner and the third-party purchaser by telling them of his intentions and offer them the opportunity to assert their means.
Decision

4. Within 60 days from the date of deposit of the deed in the land register, the municipality shall notify separately to the parties bound by the deed, its decision either to waive the exercise of the right pre-emption, or to acquire at the prices and conditions fixed in the deed. It simultaneously informs the Council of State of its determination.
5. If the notice and the copy of the act referred to in paragraph 2 reach the municipality and the Council of State after the date of deposit of the act in the land register, the period of 60 days does not begin to run only after receipt of this notice and a copy of the act.
6. In the event that the municipality renounces to exercise its right of pre-emption, the Council of State, within the period of 30 days, in turn notifies, separately, to the parties bound by the act, its decision, either renounce the exercise of the right of first refusal, that is to acquire at the prices and conditions fixed in the act.

Art. 25 Expropriation
The Council of State may propose the expropriation of a listed building. The law on expropriation for public utility, of June 10, 1933 (hereafter: law on the expropriation), is applicable.

Chapter III Movable objects

Art. 26 Definition and reference
1. The protection of movable objects of aesthetic, artistic, historical or scientific interest, found or located in the canton, is ensured in accordance with articles 10 to 23, which are applicable by analogy.
2. The owner of a classified movable object may not divest it for any reason before having notified the competent authority and having communicated to him the name, first names and address of the new possessor or holder.

Chapter IV Excavations and finds

Section 1 Search and excavation

Art. 27 Archaeological research undertaken

1. The Council of State may order archaeological research in public or private buildings located on Geneva territory.
by the state

2. In the event of discovery, the Council of State may decree the expropriation of the necessary rights, in accordance with the law on expropriation, if article 724, paragraph 2, of the civil code is not applicable.

Art. 28 by individuals
1. No one may, without the authorization of the competent authority, carry out archaeological research on Geneva territory.
2. The issuance of such an authorization does not confer any rights on the objects discovered.

Art. 29 Financial contribution
1. The State may participate financially in the costs of archaeological research authorized in accordance with this law.
2. The allocated grants may be reduced or canceled when the work has been carried out in a manner which does not comply with the prescribed conditions.

Art. 30 Right of access
Representatives of the competent authority may visit and examine at any time the works undertaken by the State, the communes or individuals and which are likely to uncover antiques or natural curiosities.

Section 2 Finds

Art. 31 Mandatory
notice 1 Any person who discovers an antique or a natural curiosity within the meaning of article 724 of the civil code must immediately notify the competent authority.
2 The same obligation falls on any magistrate or civil servant who, in the exercise of his functions, learns the discovery of an antiquity or a natural curiosity.

Art. 32 Provisional measures
The competent authority shall take the necessary provisional measures until a decision is made on the fate of the object discovered. Work cannot be continued on the site of the discovery without the consent of this authority.

Art. 33 Attribution
1. The ownership of the discovered objects is fixed in accordance with articles 723 and 724 of the civil code.
Capture

2. Antiques and natural curiosities which, when discovered, were not announced or handed over to the competent authority, may be seized for the benefit of the State on the requisition of that authority. The provisions of article 728 of the civil code remain reserved.

Art. 34 Conservation
The State takes the necessary measures for the conservation and the study of archaeological remains.

Chapter V Nature and sites

Section 1 General protection

Art. 35 Definition

1. The sites and landscapes, plant and mineral species which are of biological, scientific, historical, aesthetic or educational interest are protected in accordance with this law.
2. In particular, constitute sites, within the meaning of the first paragraph:

a) characteristic landscapes, such as banks, hillsides, viewpoints;

b) built complexes which deserve to be protected for themselves or because of their privileged situation.

3. The provisions of the law on miscellaneous buildings and installations of 14 April 1988 relating to protected areas are reserved. (8)

Art. 36 Protective measures

1. The Council of State enacts the provisions necessary for the protection, conservation and development of the sites referred to in article 35.
2. It can only authorize under certain conditions or even prohibit:
Trees, bushes, hedgerows

a) the felling, pruning or destruction of certain species of trees, wooded cords, bushes, bushes or hedges;

Watercourse

b) the modification or deletion of watercourses, their bottom, their banks or their immediate surroundings, as well as ponds, marshes, streams and old beds of watercourses which are the seat of natural plant associations, such as reed beds and junks;

Material, waste and trash depots

c) the establishment of deposits of materials, waste or detritus;

Gravel pits and similar operations

d) the opening and backfilling of a gravel pit or similar exploitation;

Chemical products

e) the use of chemicals (fertilizers, pesticides, insecticides, herbicides) if it affects the biological balance;

f) (19)

Tents, vehicles and mobile homes

g) the installation of tents, habitable vehicles or mobile homes, as well as the arrangement of sites intended to receive them;

Traffic

h) traffic and parking of vehicles;

Appearance, character and access

i) any act having the effect of modifying the appearance, character or accessibility of a site, from a point of view or sector of view.

Replacement contribution

3. When the circumstances justify it, the competent authority may substitute for the conditions provided for a replacement contribution in accordance with a tariff fixed by regulatory means.

Art. 37 Agricultural and forestry economy
The Council of State takes into account, in applying this law, the specific needs of the agricultural and forestry economy.

Section 2 Site map

Art. 38 Concept and content

1. The Council of State may issue the provisions necessary for the development or conservation of a site protected by the approval of a site plan accompanied, if necessary, by regulations.
2. These plans and regulations determine in particular:

a) measures to safeguard or improve the site, such as: maintenance of existing buildings, alignment along the edges of woods and forests or rivers; viewing angles, arborization;

b) the conditions relating to constructions, installations and operations of all kinds (layout, size, volume, appearance, destination);

c) paths open to the public as well as access routes to a site or viewpoint;

d) nature reserves.

3. In the absence of other rules laid down in the site plan or its regulations, articles 90, paragraph 1, and 93, paragraphs 1, 2 and 4, of the law on various constructions and installations, of April 14, 1988 , are applicable by analogy to work carried out in buildings declared to be maintained, subject to cases of public interest. (41)
4 Buildings maintained within the meaning of paragraph 2, letter a, may not, without the authorization of the Council State, be demolished, transformed or subject to major repairs. (17)

Art. 39 (27)

1. The draft site map is drawn up by the department on its own initiative or at the request of the Council of State, the Grand Council or a municipality; it is developed by the department in accordance with demand and in collaboration with the town and the commission on monuments, nature and sites, on the basis of a preliminary study studied by the department, the town or individual.
2. The municipalities may also request at any time from the Council of State the adoption, modification or repeal of a site map concerning their territory by proceeding in accordance with paragraph 3.
3. The administrative council, the mayor, draws up for this purpose, in conjunction with the department and the commission of monuments, nature and sites, a draft site plan. On notice from the municipal council expressed in the form of a resolution, the project is sent to the Council of State, which, after ensuring that it meets formal requirements, is then required to initiate the procedure provided for Article 40.
4. The Council of State is also required to initiate the procedure provided for in Article 40, when it is seized of a preliminary draft attached to a request emanating from the Grand Council.

Art. 39A (27)

Art. 40 (13) Adoption procedure
Public inquiry

1. The draft site map is subject to a public inquiry of at least 30 days announced by publication in the Official Notice Sheet and posting in the municipality. Personal notices are sent by registered mail to the owners of the land included in the perimeter when the number of individual communications does not exceed 50.
Comments

2. During the duration of the public inquiry, anyone may take note of the project at the town hall or the competent department and send their comments to the latter.
Municipal notice

3. Simultaneously with the opening of the public inquiry, the department transmits to the municipality the draft plan so that it is placed on the agenda of the municipal council. At the end of the investigation, the department transmits the observations received to the municipality. The municipal authority must communicate its notice within 60 days of receiving comments. His silence is worth unreserved approval.
Draft decision

4. At the end of the procedure set out in paragraphs 1 to 3, the department examines whether modifications must be made to the draft site plan to take account of the observations collected and the municipal notice.
Publication

5. The draft site map is then published in the Official Notice Sheet and posted in the municipality.
Opposition

6. For a period of 30 days from the first publication, any person, organization or authority which has the standing to appeal against the site map may declare its opposition, by written and reasoned act, to the Council of State. (16)
Decision on opposition and adoption of the plan

7. The Council of State rules on oppositions, modifies the project and then adopts the site plan. If he has made modifications to it, he shall examine beforehand whether there is reason to reopen all or part of the procedure provided for in this article. The adoption of the plan is published in the Official Notice Sheet.
8. However, in the event that a municipality has formed an opposition to the project and that the Council of State intends to reject it, it first contacts the Grand Council, which decides on it in the form of a resolution. If the opposition is accepted, the Council of State can modify the plan accordingly. It is then carried out in accordance with paragraph 7.
Remedies

9. The appeal against the adoption of the plan is governed by article 35 of the law implementing the federal law on spatial planning of June 4, 1987.
Modification

10. The plan is subject to periodic review. Subject to secondary elements, for which a new public inquiry is not necessary, its modification or repeal is subject to the same procedure.
Competition with a modification of the zone regime

11. When a modification of the limits of zones is put to the public inquiry under article 16 of the law of application of the federal law on regional planning, of June 4, 1987, the department can put simultaneously, or soon after, with the public inquiry, a draft site plan relating to a perimeter located inside the new area to be created; it can do the same to request the notice of the municipality and open the opposition procedure in accordance with paragraphs 3 to 6. In this case, the Council of State cannot however approve the site plan as long as the modification of the limits zones has not been adopted by the Grand Council.
Contest with a localized district plan

12. When the development of a localized district plan, within the meaning of article 5, paragraph 1, of the law on the extension of communication routes and the development of neighborhoods or localities, of March 9, 1929, has been engaged, following the issuance of a prior building permit, no site plan whose perimeter would cover all or part of that of the localized district plan can be drawn up before the adoption of the latter.
13 When a localized district plan has been approved, it may not take less than 5 years between the date of its adoption and the investigation of a site plan project whose perimeter would cover all or part of the localized district plan.

Art. 41 Expropriation

1. The expropriation of the rights necessary to achieve the goals set out in article 38, letters c and d, provided for by a site plan, may be proposed by the Council of State. The expropriation law is applicable.
2. The right of expropriation belongs to the State. The Council of State may however exercise it for the benefit of the municipality of the location or other natural or legal persons pursuing by pure ideal the aims set out in article 1.

Chapter VI Financial resources

Section 1 Cantonal Fund (22)

Art. 42 Cantonal Fund

1. The financial coverage of the measures taken by the State for the protection of monuments, nature and sites is ensured by a "Cantonal Fund for monuments, nature and sites".
Funding

2. This fund is funded by:

a) an annual appropriation provided for in the State budget;

b) grants, donations and other services, in particular federal grants for the protection of monuments, nature and sites, landscapes, as well as in the field of archeology, allocated directly to individual projects or on the basis of program agreements; (29)

c) the proceeds of fines imposed and contributions collected under this Act.

Management

3. The Council of State fixes, by regulatory means, the procedures for managing the fund.

Section 2 (26) Subsidy for the restoration of buildings

Art. 42A (26) Aims
The provisions of this section are intended to encourage the restoration of buildings worthy of interest within the meaning of article 42C, mainly for residential purposes in the form of grants from lost funds.

Art. 42B (38) Investment credit (22)

1. The Council of State requests from the Grand Council the investment credits necessary to finance:

a) the allocation of cantonal subsidies intended to encourage the restoration of buildings;

b) the initiation or completion of studies or censuses allowing the authority to take the protective measures instituted by this law, in particular the census and the inclusion in the inventory of buildings worthy of be protected.

2. The law on the administrative and financial management of the State, of October 4, 2013, is applicable.

Art. 42C Interesting Buildings (22)

By building of heritage interest, it should in principle mean:

- any listed building, listed in the inventory, located in a protected area or forming a protected complex from the end of the 19th century or the beginning of the 20th century, which must therefore be maintained;

- any building whose maintenance is required by a land-use plan, in particular a site plan or another heritage protection measure;

- exceptionally, other buildings whose maintenance is recommended by the commission of monuments, nature and sites because of their architectural or historical interest.

Art. 42D (26) Use of credit
Credit is used in the form of grants to owners of buildings.

Art. 42E (41) Art. 42F Rights holders (22)

1. Building owners who have applied for a building permit for renovation work may request the grant of a subsidy until the opening of the site.
Procedure

2. The detailed allocation procedure is determined in the implementing regulations for this law.

Art. 42G Terms (22)

1. A grant may be granted if the work concerned meets the goals defined in article 42A.
2. The subsidy granted cannot be passed on to rents.
3. The subsidy is fixed before the works; it is paid after the department has checked the conformity of the work carried out with that authorized.

Art. 42H (41) Decision

The department rules on each grant request.

Chapter VII Authorities

Art. 43 High surveillance In
addition to the powers conferred on it by this law, the Council of State exercises high surveillance in the protection of monuments, nature and sites.

Art. 44 Regulatory power
The Council of State issues the regulations necessary for the application of this law.

Art. 45 Competent authority
The Council of State designates, by regulation, the authority responsible for the implementation of this law and its implementing regulations.

1. The Council of State appoints, at the beginning of each legislature, a cantonal commission of monuments, nature and sites.
Composition and presidency

2. This committee is composed as follows: (5)

a) 1 member from each party represented on the Grand Council, designated by the latter; (5)

b) 3 members on the proposal of the Association of Geneva Municipalities, including 1 appointed by the City of Geneva; (5)

c) a maximum of 11 regular members and 3 alternate members, a majority of the regular and alternate members must be delegates of associations of cantonal importance pursuing the aims set out in article 1, the other members including a delegate from AgriGenève and specialists in areas subject to the assessment of the committee. (32)

3. The commission is chaired by one of its members, elected for one year, subject to the approval of the Council of State. This mandate is renewable. (40)

Art. 47 Jurisdiction

1. The Monuments, Nature and Sites Commission is advisory. It gives its notice on all the objects which, because of the matter, are within its competence. In principle, it decides only once on each authorization request, any additional notice being given by the heritage and sites office by delegation from the commission. (41)
2. It may propose any measures likely to contribute to purposes of this Act.
3. It may delegate its powers to permanent subcommittees as well as to the heritage and sites office. (41)

Art. 48 Attributions and functioning
The Council of State fixes, by regulatory means, the specific attributions and the mode of functioning of the commission of monuments, nature and sites.

Art. 49 (41) Annual report
The report drawn up by the commission for monuments, nature and sites in accordance with article 14, paragraph 2, of the law on official commissions, of 18 September 2009, is transmitted to the Council of State and made public.

Chapter VIII Administrative measures, sanctions, recovery of fines and costs

Section 1 Administrative measures

Art. 50 Nature of the measures
The various measures which may be ordered by the competent authority are:

a) the execution of works;

b) the suspension of work;

c) a particular mode of use or the prohibition to use a facility or thing;

d) the restoration, repair, replacement and modification of an installation or thing;

e) the removal of an installation or thing.

Art. 51 Procedure
The competent authority notifies interested parties, by registered letter, of the measures it orders. It sets a deadline for their execution, unless it invokes urgency.

Art. 52 surveillance and access
1 owners or their agents, contractors and users must comply with the measures ordered by the competent authority.
2 They are required to facilitate the exercise of their mandate to the agents responsible for the application of this Act and its regulations; they must respond immediately to any request for information.

Art. 53 Office work

1. In the event of an emergency, measures which have not been carried out within 24 hours of notification are taken ex officio.
2. However, in the event of imminent damage, the competent authority shall immediately take the necessary measures. It informs interested parties as soon as possible.
3. In other cases, if the period of execution has expired without result, the measures ordered shall be automatically carried out after the expiration of a new period of at least 5 days, set by registered letter. .

Art. 54 Refurbishment of work
Work that has not been carried out in accordance with prescribed measures and good practice must be redone at the request of the competent authority and, if necessary, carried out automatically.

Art. 55 Civil and criminal liability
The execution of orders or works does not release the person concerned from any liability for damage caused to third parties before, during or after the execution of the work, nor does he release him from civil, criminal consequences and administrative of the offenses committed.

Section 2 Sanctions

Art. 56 Fines

1. The following are liable to an administrative fine of 20 francs to 40,000 francs:

a) this Act;

(b) to regulations and orders made under this Act;

c) orders given by the competent authority within the limits of this law and of the regulations and decrees issued under it.

2. When determining the fine, account shall be taken of the degree of gravity of the offense.
3. Fines are imposed by the competent authority without prejudice to higher penalties for crimes or misdemeanors or for any damages.
4. Criminal proceedings are time-barred after 7 years. (28)

Art. 57 Minutes
Contraventions are noted by law enforcement officers and all other agents mandated to ensure compliance with this Act.

Section 3 Recovery of fines and costs

1. The costs resulting from the execution of the office work shall be borne by the parties concerned by the notification of a slip by the competent authority.
2. This schedule may be appealed in accordance with the provisions of this law.
3. The debt of the State bears interest at the rate of 5% per year from the notification of the schedule.

Art. 59 Solidarity

When more than one person owns a building, they are jointly and severally liable for the payment of fines and costs.

Art. 60 Prosecutions

1. In accordance with the general provisions of the Law on Administrative Procedure of September 12, 1985, the final decisions imposing a fine as well as the final slips relating to the costs of the office work are assimilated to enforceable judgments within the meaning of the article. 80 of the Federal Law on debt collection and bankruptcy of April 11, 1889. (6)
2. (6)
3. Recovery is continued at the request of the competent authority in accordance with the provisions of the Federal Law on debt enforcement and bankruptcy.
4. Prosecutions are carried out in the canton, regardless of the domicile of the debtor.

Art. 61 Legal mortgage

1. The payment of the fines and costs of the office works is guaranteed by a legal hypothec (art. 836 of the civil code).
2. The mortgage begins, without registration, at the same time as the debt it guarantees. It ranks first, in competition with other legal hypothecs under public law, and takes precedence over any other pledge of real estate.
3 . Interest, realization costs and other legitimate accessories of the claim are guaranteed at the same rank as the capital.
4. If the claims referred to in paragraph 1 concern several buildings, each of them is encumbered by the mortgage only for the part which concerns it.
5. The mortgage is entered in the land register, on a declaratory basis, at the sole request of the competent authority, accompanied by the decision or the statement constituting the claim.

Chapter IX Remedies

Art. 62 (16) Principle

1 (33)
Appeals authority

2. The Administrative Court of First Instance (35), in its composition provided for by article 143 of the law on various constructions and installations, of April 14, 1988, hears at first instance appeals against decisions taken under this law or its implementing provisions, subject to paragraph 3. (31)
Decisions of the Council of State and decisions on the right of pre-emption and inventorying

3. Appeal against the decisions of the Council of State, against the decision of the municipality or the State to exercise its right of pre-emption within the meaning of article 24 and against the decisions of the department taken in application of articles 5 and 7 of this law, should be sent directly to the administrative chamber of the Court of Justice (35). (27)
Site map

4. The appeal against the decision by which the Council of State adopts a site plan is reserved, in accordance with article 40, paragraph 9, of this law.
5. The administrative chamber of the Court of Justice (35) may hear the commission on monuments, nature and sites.

Art. 63 (27) Remedies of municipalities and associations
Municipalities and associations of cantonal importance which have been active for more than three years and which, according to their statutes, devote themselves by pure ideal to the study of questions relating to development of the territory, the protection of the environment or the protection of monuments, nature or sites have standing to appeal.

Chapter X Final and transitional provisions

Art. 64 Mention in the land register
The restrictions on land ownership resulting from this law may be mentioned in the land register.

Art. 65 Competition of laws
The provisions of this law and its regulations are applicable to requests for authorization prescribed by the law on various constructions and installations. Unless expressly reserved, they prevail over the other provisions of Geneva legislation governing, for the same purposes, objects protected in accordance with this law.

Art. 66 Reserved
provisions The provisions of federal and cantonal laws and regulations, as well as the rights of third parties are reserved; no authorization issued under this law may be set up against them.

Art. 67 Abrogating clause
The law for the conservation of monuments and the protection of sites, of June 19, 1920, is repealed.

Art. 68 (21)

Art. 69 Entry into force
The Council of State fixes the entry into force of this law.

Art. 70 (21) Buildings classified according to the law of 1920
Monuments and sites classified under this law are and remain classified under the law for the conservation of monuments and the protection of sites of June 19, 1920.

Art. 71 (21) Buildings maintained according to a site plan
In the absence of other rules laid down in the site plan or its regulations, article 90, paragraph 1, of the law on various constructions and installations is applicable by analogy to works executed in buildings declared to be maintained, subject to public interest cases.