Canton of Bern
Law on the protection of heritage
(LPat) of 08.09.1999 (status on 01.09.2009), The Grand Council of the Canton of Bern, in application of article 32 of the Cantonal Constitution on the proposal of the Executive Council.
decides: 1 General provisions Art. 1
Purpose and scope
1.This law regulates the inventory, conservation and protection of movable and immovable heritage in the canton of Bern.
2.The legislation on buildings applies to real estate assets, to the extent that this law does not contain any specific provisions.
3.The prescriptions relating to the archives of the cantonal services and the municipalities apply to the movable heritage appearing therein, insofar as this law does not contain any particular provisions.
Art. 2
Concept of patrimony
1. Patrimony consists of isolated property or forming a whole which must be protected or preserved because of their particular value, whether cultural, historical or aesthetic.
2.In particular, immovable heritage goods are historic monuments, archaeological or historical sites, places of archaeological discovery and ruins within the meaning of the legislation on constructions.
3.In particular, movable heritage goods include cultural goods such as works of art and objects in common use, supports for inscriptions, images or other data, historical sources and archaeological discoveries. .
Art. 3
Collaboration
1.The owners, the canton, the communes and the organizations which deal mainly with the safeguard of the inheritance are bound to collaborate.
2.The canton and the municipalities support the efforts of the owners of heritage properties and take their interests into account.
Art. 4
Tasks of the canton and the municipalities
1.The tasks of the canton and the municipalities in the field of real estate heritage are governed by the legislation on constructions, insofar as this law does not contain any particular provisions.
2.The specialized cantonal services ensure the inventory of movable heritage goods and monitor the protection of these goods, to the extent that this law or other legislative texts do not contain any specific provisions.
Maintenance, protection and conservation
1.Everyone is required to take care of the heritage according to its importance.
2.In their respective fields of activity, the canton, the communes and the persons or institutions of public law and those of private law who exercise public tasks are required to conserve the heritage, and to protect it when it presents a major public interest.
Art. 6
Discoveries
1.The provisions of the legislation on constructions apply to discoveries of immovable heritage property or to those made on the premises of such property.
2.Anyone who discovers public goods likely to be considered as movable heritage goods and not yet identified or listed as such, must immediately notify the competent cantonal service.
Art. 7
Census and examination
1.The owners of an object must allow the authorities to identify and examine it.
2.If these works cause damage, the owners must be compensated in the case of private persons.
Art. 8
Protection against damage and destruction
1.The specialized services of the canton and the communes may take protective measures such as shoring or the installation of protective roofs or railings, when a heritage property risks be damaged or destroyed and its owners, despite a summons, do not themselves take the necessary measures to protect it.
2.The community which takes protective measures bears the costs insofar as these are not measures incumbent on the owners under the prescriptions of the building police or other prescriptions.
Art. 9
Research and publication
1. The canton participates in scientific research carried out on heritage and in the publication of results.
2. The specialized services of the canton inform the public of their activities.
Inventories and lists
Art. 10
Inventories of the real
estate heritage 1.The real estate heritage is inventoried in accordance with the provisions of the legislation on constructions.
2.The legislation on constructions governs the effects deployed by inventories.
Art. 11
List of movable heritage
1.The canton may establish the list of movable heritage goods when they are in the public domain.
2.The listed movable heritage goods are inalienable and cannot be moved permanently outside the canton of Bern without the agreement of the Directorate responsible for the matter. Legal acts which do not affect the characteristics of the property or its availability in the canton of Bern are reserved.
3.The listed movable heritage goods must be preserved and maintained in accordance with the rules of the art.
Art. 12
List of classified heritage properties
1.The specialized cantonal service draws up a list of classified heritage properties. This specifies in each case the extent of the protection which has been agreed or decided.
2.The list is public and can be consulted at the specialized cantonal service and the municipalities. *
3.The competent authorities of the canton and the municipalities inform the specialized cantonal service of projects for the transformation of classified property assets of which they are aware. They take into account, in their planning and in the authorization procedure, the extent of the protection which has been agreed or decided and associate the specialized cantonal service with the procedure.
3 Classification
3.1 Real estate assets
Art. 13
Purpose, content and form
1.The classification of real estate heritage under this law complements the various protective measures provided for by construction legislation.
2.It intervenes as a rule with the agreement of the owner and exceptionally ex officio.
3.The classification aims
to a ensure the long-term safeguarding of the real estate heritage which is part of the cultural heritage of the country, the canton or the municipalities by keeping it as intact as possible and b to guarantee the allocation for use provided for financial aid granted by the public authorities for heritage conservation.
4.The classification may in particular include construction, demolition or conversion bans.
Art.14
Classification with the agreement of the owners
1. Classification with the agreement of the owners takes place by written contract between the latter and the canton.
2.The contract fixes the geographical limits and the extent of the protection.
Art. 15
Ex officio classification
1. Jurisdiction and conditions
1. The Executive Council may, ex officio or at the request of another authority or administrative unit of the Confederation, the canton or a municipality, classify heritage properties real estate by decision.
2.Official classification assumes
that the property is included in an inventory (art. 10);
b that the public interest in its intact preservation prevails over divergent private interests and
c that it is not possible to reach an agreement with the owners.
3.In exceptional cases, the Executive Council may decide to classify a heritage property when the condition provided for in the second paragraph, letter a is not met, if it is a property of paramount importance for the cultural heritage of the Canton of Bern.
4.The classification decision fixes the geographical limits and the scope of protection. The details of interior architecture, the arrangement of the rooms and the fixed equipment of a property of real estate heritage belonging to individuals can be the subject of the classification only if they are of paramount importance for the cultural heritage of the Canton of Berne.
Art. 16
2.Compensation in the event of material expropriation
1.Classifications entitle the owner to compensation by the canton if they are comparable, in their effects, to an expropriation.
2.The prescription is defined in the legislation on constructions. In addition, the provisions of the law on expropriation are applicable.
Art. 17
3. Authorized
alterations , restoration of the state in accordance with the law 1.It is possible to transform an asset of classified real estate heritage provided that the specialized service of the competent Directorate issues the authorization.
2.If a classified heritage property is transformed without authorization or beyond the framework fixed in the authorization, the competent construction police authority orders the work to be stopped by decision. This decision is immediately enforceable.
3.The building police authority gives the owner sufficient time to restore the immovable property to the state in accordance with the law under the order of execution by substitution. The provisions of the legislation on constructions are applicable by analogy.
4.If the authority of the building police does not act, article 48 of the law of June 9, 1985 on buildings [2] is applicable by analogy.
Art. 18
Reference to the land register
1.The protective measures adopted by convention or by decision in force constitute restrictions of public law on land ownership within the meaning of article 702 of the Swiss Civil Code [3].
2.They oblige the owner and are mentioned in the land register at the request of the competent service.
Art. 19
Entry on the list of classified heritage properties, indication
1. Property of real estate classified by contract or by decision entered into force must be entered on the list of classified heritage property.
2.The classification may be indicated appropriately on the property itself, with the agreement of the owners.
3.2 Movable heritage
Art. 20
Ranking
1. Movable heritage goods belonging to individuals and whose intact and long-term conservation is of public interest can be classified by written contract between the canton and the owner.
2.The contract fixes the scope of protection and the effects of the classification.
Art. 21
Entry on the list of classified heritage
properties 1. Classified movable heritage properties are entered on the list of classified heritage properties, if the contract so provides.
3.3 Cancellation and modification of classification
Art. 22
1.The Executive Council shall totally or partially cancel or modify the classification if the factual or legal situation has changed considerably since the classification.
2.The classification made with the owners' agreement is totally or partially canceled or modified by adaptation of the contract.
4. Archeology
Art. 23
Inventory, list and protective measures
1.Archaeological sites and places of discovery, proven or presumed, as well as ruins are listed in accordance with article 10. Insofar as this law does not contain any specific provisions, their protection is governed by construction legislation.
2. Archaeological discoveries are listed in accordance with article 11. They are protected by the provisions of this law applicable to movable heritage goods and archaeological discoveries.
Art. 24
Scientific study
1.When a site or a place of archaeological discovery cannot be preserved, it must be the subject of a scientific study.
2.The scientific study includes the excavations themselves, the evaluation of their data, the conservation and restoration of the objects discovered, as well as the documentation and publication of the results. This study must be carried out quickly and within a reasonable time. Details are fixed by order.
3.The canton assumes the costs of this study. Municipalities or other bodies responsible for public tasks finance, according to their means, between 10 and 50 percent of these costs, provided that they own the land concerned and are at the origin of the study. . The Executive Council fixes the details.
Art. 25
Archaeological
work 1. Archaeological work may only be undertaken by the specialized cantonal service, or with its authorization and under its supervision.
2.The use of technical means to excavate the ground to discover archaeological objects is subject to the authorization of the specialized cantonal service.
3.Whoever undertakes archaeological work without authorization, in particular by touching vestiges, is liable to the canton for the expenses occasioned by the scientific study, the release of the objects discovered and the safeguarding of the site.
Art. 26
Archaeological
discoveries 1. Discoveries within the meaning of article 724 of the Swiss Civil Code [4] belong to the canton.
2. They must, as far as possible, be accessible to the public. The specialized cantonal service is responsible for their maintenance, if nothing else has been agreed with the conservation service.
3.The authors of the discovery are entitled to fair compensation provided they have acted legally.
4.In addition, article 6 and the provisions of construction legislation concerning discoveries apply.
5. Cantonal grants
Art. 27
Principles
1.The canton may assist in achieving the objectives of this law by paying subsidies.
2.Cantonal grants are granted by decision or decree of the Grand Council.
3.The provisions of the legislation on cantonal subsidies are applicable, to the extent that this law does not contain any specific provisions.
Art. 28
Indemnities
1.Communities with their own service for the protection of historic monuments are compensated for the costs involved in this activity, provided that these arise from the assumption of tasks delegated by the canton.
Art. 29
Financial aid
1. Financial aid may in particular be allocated to achieve the following objectives:
a conservation and restoration of the heritage,
b inventory and scientific examination of the heritage and publication of the results by third parties,
c research as well as improvement and continuous training in heritage protection,
assistance to private organizations whose activities contribute to achieving the objectives of this law.
2. Financial aid must be allocated and paid without individuals being disadvantaged compared to communities and establishments under public law.
Art. 30
Calculation of financial aid
1. Financial aid depends on the importance of the object, its condition, its usefulness and the importance of the measure to be taken. As a general rule, the granting of financial aid will be linked to the obligation to provide a bearable personal service.
2. Subsidies granted by third parties, in particular by the Confederation and the municipalities, must be taken into account.
Art. 31
Charges and conditions for granting financial assistance
1. The granting of financial aid for the conservation and restoration of a heritage property is generally subject to the classification of this property.
2.The Executive Council fixes by ordinance the cases where it is possible to waive the requirement of classification.
3. Financial assistance may be subject to charges and conditions.
Art. 32
Repayment of financial assistance
1.The specialized cantonal service requires the reimbursement of financial assistance with interest running from the date of payment when the conditions and charges to which it is subject are not met or the extent of the protection which was agreed or decided during the classification is not respected.
2.The request for reimbursement is addressed to the current owner of the property.
3.The right to reimbursement is prescribed by one year from the day on which the specialized cantonal service became aware of the existence of this right, but in all cases by 30 years from its birth.
4.The penal provisions and the provisions of the law on cantonal subsidies relating to the reimbursement in the event of decommissioning and the revocation of a decision granting a subsidy apply.
6 Criminal provisions
Art. 33
Infringements
1. A fine of 1,000 to 40,000 francs will be imposed on anyone who intentionally:
has unduly destroyed, damaged or transformed heritage property;
b undertakes, without being authorized, an action which, according to this law, requires authorization;
c exceeds the scope of an authorization;
d neglects to report a fact when this law requires it;
he refuses to comply with the executory orders he has received.
2.In serious cases, in particular if the author acted out of greed, or in the event of a repeat offense, the maximum fine is 100,000 francs. *
3.In cases of minor gravity, the fine is 50 to 1000 francs.
4. Sentencing to a sentence does not dispense with the obligation to restore the state to legal conformity or to pay the costs of repairing the damage.
Art. 34
Offenses committed by legal persons
1.If the offense is attributable to a legal person, a limited partnership or a general partnership, the penalty is imposed on natural persons who acted or should have acted on his behalf.
2.The legal person, the limited partnership or the general partnership is jointly liable for fines, fees and costs with the natural persons who acted on its behalf.
3.In criminal proceedings, she has party rights.
Art. 35
Other provisions
1.In criminal proceedings, the canton and the municipalities may exercise the rights of parties.
2.The criminal action is prescribed by three years from the knowledge of the offense. The absolute limitation period is six years.
7 Organization, execution and legal
remedies Art. 36
Organization
1.Cantonal legislation designates the competent services of the canton and of the municipalities for the protection of the heritage
2.On request, the Directorate of Public Education may delegate to the municipalities having their own heritage protection service tasks and powers provided for by this law, with the exception of those referred to in article 15, provided that said service has the necessary capacities. Its decision can be appealed to the Executive Council. *
3.The Executive Council can set up advisory commissions by ordinance.
Art. 37 implementing
provisions and additional law
1.The Executive Council shall issue, by ordinance, the additional provisions delegated to it and the necessary implementing provisions.
Art. 38
Legal Protection
1.Sont entitled to appeal against decisions under this Act
a * people particularly affected and affected in their interests worthy of protection;
b * the private organizations referred to in article 40a LC [5];
c the authorities of the municipalities and groups of municipalities, the canton and the Confederation, insofar as the public interests within their competence are affected.
2.The cantonal authorities are not empowered to appeal against administrative law.
3.In addition, the provisions of the law on administrative procedure and jurisdiction apply.
8 Transitional and final provisions
Art. 39
Inventory of antiquities
1.All objects which, under the law of March 16, 1902 on the conservation of works of art and historic monuments, appear in the inventory of antiquities have the value of goods classified according to the provisions of the present law.
2.The coordination law is not applicable in the authorization procedure in order to transform an object defined in the first paragraph.
Art. 40
Conditions for automatic classification
1.Until 31 December 2004, the condition provided for in Article 15, second paragraph, letter a for automatic classification only applies to property in the real estate heritage located in municipalities or building areas for which architectural censuses within the meaning of article 10 have already been drawn up.
Art. 41
Modification of a legislative text
1. The law of June 9, 1985 on constructions (LC) [6] is modified as follows:
Art. 42
Repeal of legislative texts
1.The following legislative texts are repealed:
1. law of March 16, 1902 on the conservation of works of art and historic monuments,
2. decree of February 9, 1977 on the organization of services for the conservation of historic monuments and the protection of cultural property,
3. decree of September 23, 1969 on the archaeological service.
Art. 43
Entry into force
1.The Executive Council shall fix the date of entry into force of this law.
Law on the protection of heritage
(LPat) of 08.09.1999 (status on 01.09.2009), The Grand Council of the Canton of Bern, in application of article 32 of the Cantonal Constitution on the proposal of the Executive Council.
decides: 1 General provisions Art. 1
Purpose and scope
1.This law regulates the inventory, conservation and protection of movable and immovable heritage in the canton of Bern.
2.The legislation on buildings applies to real estate assets, to the extent that this law does not contain any specific provisions.
3.The prescriptions relating to the archives of the cantonal services and the municipalities apply to the movable heritage appearing therein, insofar as this law does not contain any particular provisions.
Art. 2
Concept of patrimony
1. Patrimony consists of isolated property or forming a whole which must be protected or preserved because of their particular value, whether cultural, historical or aesthetic.
2.In particular, immovable heritage goods are historic monuments, archaeological or historical sites, places of archaeological discovery and ruins within the meaning of the legislation on constructions.
3.In particular, movable heritage goods include cultural goods such as works of art and objects in common use, supports for inscriptions, images or other data, historical sources and archaeological discoveries. .
Art. 3
Collaboration
1.The owners, the canton, the communes and the organizations which deal mainly with the safeguard of the inheritance are bound to collaborate.
2.The canton and the municipalities support the efforts of the owners of heritage properties and take their interests into account.
Art. 4
Tasks of the canton and the municipalities
1.The tasks of the canton and the municipalities in the field of real estate heritage are governed by the legislation on constructions, insofar as this law does not contain any particular provisions.
2.The specialized cantonal services ensure the inventory of movable heritage goods and monitor the protection of these goods, to the extent that this law or other legislative texts do not contain any specific provisions.
Maintenance, protection and conservation
1.Everyone is required to take care of the heritage according to its importance.
2.In their respective fields of activity, the canton, the communes and the persons or institutions of public law and those of private law who exercise public tasks are required to conserve the heritage, and to protect it when it presents a major public interest.
Art. 6
Discoveries
1.The provisions of the legislation on constructions apply to discoveries of immovable heritage property or to those made on the premises of such property.
2.Anyone who discovers public goods likely to be considered as movable heritage goods and not yet identified or listed as such, must immediately notify the competent cantonal service.
Art. 7
Census and examination
1.The owners of an object must allow the authorities to identify and examine it.
2.If these works cause damage, the owners must be compensated in the case of private persons.
Art. 8
Protection against damage and destruction
1.The specialized services of the canton and the communes may take protective measures such as shoring or the installation of protective roofs or railings, when a heritage property risks be damaged or destroyed and its owners, despite a summons, do not themselves take the necessary measures to protect it.
2.The community which takes protective measures bears the costs insofar as these are not measures incumbent on the owners under the prescriptions of the building police or other prescriptions.
Art. 9
Research and publication
1. The canton participates in scientific research carried out on heritage and in the publication of results.
2. The specialized services of the canton inform the public of their activities.
Inventories and lists
Art. 10
Inventories of the real
estate heritage 1.The real estate heritage is inventoried in accordance with the provisions of the legislation on constructions.
2.The legislation on constructions governs the effects deployed by inventories.
Art. 11
List of movable heritage
1.The canton may establish the list of movable heritage goods when they are in the public domain.
2.The listed movable heritage goods are inalienable and cannot be moved permanently outside the canton of Bern without the agreement of the Directorate responsible for the matter. Legal acts which do not affect the characteristics of the property or its availability in the canton of Bern are reserved.
3.The listed movable heritage goods must be preserved and maintained in accordance with the rules of the art.
Art. 12
List of classified heritage properties
1.The specialized cantonal service draws up a list of classified heritage properties. This specifies in each case the extent of the protection which has been agreed or decided.
2.The list is public and can be consulted at the specialized cantonal service and the municipalities. *
3.The competent authorities of the canton and the municipalities inform the specialized cantonal service of projects for the transformation of classified property assets of which they are aware. They take into account, in their planning and in the authorization procedure, the extent of the protection which has been agreed or decided and associate the specialized cantonal service with the procedure.
3 Classification
3.1 Real estate assets
Art. 13
Purpose, content and form
1.The classification of real estate heritage under this law complements the various protective measures provided for by construction legislation.
2.It intervenes as a rule with the agreement of the owner and exceptionally ex officio.
3.The classification aims
to a ensure the long-term safeguarding of the real estate heritage which is part of the cultural heritage of the country, the canton or the municipalities by keeping it as intact as possible and b to guarantee the allocation for use provided for financial aid granted by the public authorities for heritage conservation.
4.The classification may in particular include construction, demolition or conversion bans.
Art.14
Classification with the agreement of the owners
1. Classification with the agreement of the owners takes place by written contract between the latter and the canton.
2.The contract fixes the geographical limits and the extent of the protection.
Art. 15
Ex officio classification
1. Jurisdiction and conditions
1. The Executive Council may, ex officio or at the request of another authority or administrative unit of the Confederation, the canton or a municipality, classify heritage properties real estate by decision.
2.Official classification assumes
that the property is included in an inventory (art. 10);
b that the public interest in its intact preservation prevails over divergent private interests and
c that it is not possible to reach an agreement with the owners.
3.In exceptional cases, the Executive Council may decide to classify a heritage property when the condition provided for in the second paragraph, letter a is not met, if it is a property of paramount importance for the cultural heritage of the Canton of Bern.
4.The classification decision fixes the geographical limits and the scope of protection. The details of interior architecture, the arrangement of the rooms and the fixed equipment of a property of real estate heritage belonging to individuals can be the subject of the classification only if they are of paramount importance for the cultural heritage of the Canton of Berne.
Art. 16
2.Compensation in the event of material expropriation
1.Classifications entitle the owner to compensation by the canton if they are comparable, in their effects, to an expropriation.
2.The prescription is defined in the legislation on constructions. In addition, the provisions of the law on expropriation are applicable.
Art. 17
3. Authorized
alterations , restoration of the state in accordance with the law 1.It is possible to transform an asset of classified real estate heritage provided that the specialized service of the competent Directorate issues the authorization.
2.If a classified heritage property is transformed without authorization or beyond the framework fixed in the authorization, the competent construction police authority orders the work to be stopped by decision. This decision is immediately enforceable.
3.The building police authority gives the owner sufficient time to restore the immovable property to the state in accordance with the law under the order of execution by substitution. The provisions of the legislation on constructions are applicable by analogy.
4.If the authority of the building police does not act, article 48 of the law of June 9, 1985 on buildings [2] is applicable by analogy.
Art. 18
Reference to the land register
1.The protective measures adopted by convention or by decision in force constitute restrictions of public law on land ownership within the meaning of article 702 of the Swiss Civil Code [3].
2.They oblige the owner and are mentioned in the land register at the request of the competent service.
Art. 19
Entry on the list of classified heritage properties, indication
1. Property of real estate classified by contract or by decision entered into force must be entered on the list of classified heritage property.
2.The classification may be indicated appropriately on the property itself, with the agreement of the owners.
3.2 Movable heritage
Art. 20
Ranking
1. Movable heritage goods belonging to individuals and whose intact and long-term conservation is of public interest can be classified by written contract between the canton and the owner.
2.The contract fixes the scope of protection and the effects of the classification.
Art. 21
Entry on the list of classified heritage
properties 1. Classified movable heritage properties are entered on the list of classified heritage properties, if the contract so provides.
3.3 Cancellation and modification of classification
Art. 22
1.The Executive Council shall totally or partially cancel or modify the classification if the factual or legal situation has changed considerably since the classification.
2.The classification made with the owners' agreement is totally or partially canceled or modified by adaptation of the contract.
4. Archeology
Art. 23
Inventory, list and protective measures
1.Archaeological sites and places of discovery, proven or presumed, as well as ruins are listed in accordance with article 10. Insofar as this law does not contain any specific provisions, their protection is governed by construction legislation.
2. Archaeological discoveries are listed in accordance with article 11. They are protected by the provisions of this law applicable to movable heritage goods and archaeological discoveries.
Art. 24
Scientific study
1.When a site or a place of archaeological discovery cannot be preserved, it must be the subject of a scientific study.
2.The scientific study includes the excavations themselves, the evaluation of their data, the conservation and restoration of the objects discovered, as well as the documentation and publication of the results. This study must be carried out quickly and within a reasonable time. Details are fixed by order.
3.The canton assumes the costs of this study. Municipalities or other bodies responsible for public tasks finance, according to their means, between 10 and 50 percent of these costs, provided that they own the land concerned and are at the origin of the study. . The Executive Council fixes the details.
Art. 25
Archaeological
work 1. Archaeological work may only be undertaken by the specialized cantonal service, or with its authorization and under its supervision.
2.The use of technical means to excavate the ground to discover archaeological objects is subject to the authorization of the specialized cantonal service.
3.Whoever undertakes archaeological work without authorization, in particular by touching vestiges, is liable to the canton for the expenses occasioned by the scientific study, the release of the objects discovered and the safeguarding of the site.
Art. 26
Archaeological
discoveries 1. Discoveries within the meaning of article 724 of the Swiss Civil Code [4] belong to the canton.
2. They must, as far as possible, be accessible to the public. The specialized cantonal service is responsible for their maintenance, if nothing else has been agreed with the conservation service.
3.The authors of the discovery are entitled to fair compensation provided they have acted legally.
4.In addition, article 6 and the provisions of construction legislation concerning discoveries apply.
5. Cantonal grants
Art. 27
Principles
1.The canton may assist in achieving the objectives of this law by paying subsidies.
2.Cantonal grants are granted by decision or decree of the Grand Council.
3.The provisions of the legislation on cantonal subsidies are applicable, to the extent that this law does not contain any specific provisions.
Art. 28
Indemnities
1.Communities with their own service for the protection of historic monuments are compensated for the costs involved in this activity, provided that these arise from the assumption of tasks delegated by the canton.
Art. 29
Financial aid
1. Financial aid may in particular be allocated to achieve the following objectives:
a conservation and restoration of the heritage,
b inventory and scientific examination of the heritage and publication of the results by third parties,
c research as well as improvement and continuous training in heritage protection,
assistance to private organizations whose activities contribute to achieving the objectives of this law.
2. Financial aid must be allocated and paid without individuals being disadvantaged compared to communities and establishments under public law.
Art. 30
Calculation of financial aid
1. Financial aid depends on the importance of the object, its condition, its usefulness and the importance of the measure to be taken. As a general rule, the granting of financial aid will be linked to the obligation to provide a bearable personal service.
2. Subsidies granted by third parties, in particular by the Confederation and the municipalities, must be taken into account.
Art. 31
Charges and conditions for granting financial assistance
1. The granting of financial aid for the conservation and restoration of a heritage property is generally subject to the classification of this property.
2.The Executive Council fixes by ordinance the cases where it is possible to waive the requirement of classification.
3. Financial assistance may be subject to charges and conditions.
Art. 32
Repayment of financial assistance
1.The specialized cantonal service requires the reimbursement of financial assistance with interest running from the date of payment when the conditions and charges to which it is subject are not met or the extent of the protection which was agreed or decided during the classification is not respected.
2.The request for reimbursement is addressed to the current owner of the property.
3.The right to reimbursement is prescribed by one year from the day on which the specialized cantonal service became aware of the existence of this right, but in all cases by 30 years from its birth.
4.The penal provisions and the provisions of the law on cantonal subsidies relating to the reimbursement in the event of decommissioning and the revocation of a decision granting a subsidy apply.
6 Criminal provisions
Art. 33
Infringements
1. A fine of 1,000 to 40,000 francs will be imposed on anyone who intentionally:
has unduly destroyed, damaged or transformed heritage property;
b undertakes, without being authorized, an action which, according to this law, requires authorization;
c exceeds the scope of an authorization;
d neglects to report a fact when this law requires it;
he refuses to comply with the executory orders he has received.
2.In serious cases, in particular if the author acted out of greed, or in the event of a repeat offense, the maximum fine is 100,000 francs. *
3.In cases of minor gravity, the fine is 50 to 1000 francs.
4. Sentencing to a sentence does not dispense with the obligation to restore the state to legal conformity or to pay the costs of repairing the damage.
Art. 34
Offenses committed by legal persons
1.If the offense is attributable to a legal person, a limited partnership or a general partnership, the penalty is imposed on natural persons who acted or should have acted on his behalf.
2.The legal person, the limited partnership or the general partnership is jointly liable for fines, fees and costs with the natural persons who acted on its behalf.
3.In criminal proceedings, she has party rights.
Art. 35
Other provisions
1.In criminal proceedings, the canton and the municipalities may exercise the rights of parties.
2.The criminal action is prescribed by three years from the knowledge of the offense. The absolute limitation period is six years.
7 Organization, execution and legal
remedies Art. 36
Organization
1.Cantonal legislation designates the competent services of the canton and of the municipalities for the protection of the heritage
2.On request, the Directorate of Public Education may delegate to the municipalities having their own heritage protection service tasks and powers provided for by this law, with the exception of those referred to in article 15, provided that said service has the necessary capacities. Its decision can be appealed to the Executive Council. *
3.The Executive Council can set up advisory commissions by ordinance.
Art. 37 implementing
provisions and additional law
1.The Executive Council shall issue, by ordinance, the additional provisions delegated to it and the necessary implementing provisions.
Art. 38
Legal Protection
1.Sont entitled to appeal against decisions under this Act
a * people particularly affected and affected in their interests worthy of protection;
b * the private organizations referred to in article 40a LC [5];
c the authorities of the municipalities and groups of municipalities, the canton and the Confederation, insofar as the public interests within their competence are affected.
2.The cantonal authorities are not empowered to appeal against administrative law.
3.In addition, the provisions of the law on administrative procedure and jurisdiction apply.
8 Transitional and final provisions
Art. 39
Inventory of antiquities
1.All objects which, under the law of March 16, 1902 on the conservation of works of art and historic monuments, appear in the inventory of antiquities have the value of goods classified according to the provisions of the present law.
2.The coordination law is not applicable in the authorization procedure in order to transform an object defined in the first paragraph.
Art. 40
Conditions for automatic classification
1.Until 31 December 2004, the condition provided for in Article 15, second paragraph, letter a for automatic classification only applies to property in the real estate heritage located in municipalities or building areas for which architectural censuses within the meaning of article 10 have already been drawn up.
Art. 41
Modification of a legislative text
1. The law of June 9, 1985 on constructions (LC) [6] is modified as follows:
Art. 42
Repeal of legislative texts
1.The following legislative texts are repealed:
1. law of March 16, 1902 on the conservation of works of art and historic monuments,
2. decree of February 9, 1977 on the organization of services for the conservation of historic monuments and the protection of cultural property,
3. decree of September 23, 1969 on the archaeological service.
Art. 43
Entry into force
1.The Executive Council shall fix the date of entry into force of this law.