Work on or around a historic monument

Verified 31 January 2019 - Directorate of Legal and Administrative Information (Prime Minister), Ministry of Culture and Communication

Some buildings are protected (classified or inscribed as historic monuments) for their heritage, artistic or historical value. Work authorization requirements are different for registration and classification. The classification concerns the most interesting buildings and requires more in-depth monitoring.

Listed building

Work on a building classified as a historic monument is not subject to a building permit. They depend on a specific administrative authorization granted by the regional prefect.

An authorization from the regional prefect is required to destroy or move (even partially) the listed building. The restoration, repair or modification of the classified part of the building is also subject to authorization. These are constructions or works of all kinds which affect the consistency or appearance of the classified part of the building, or jeopardize its preservation, in particular:

  • Scouring, deforestation, clearing and staining on classified land
  • Consolidation, development, restoration, upgrading, sanitation, rehabilitation
  • Perpetual installation of a movable object in a listed building, work to place installations either on the facades or on the roof of the building
  • Temporary installations with an area of more than 20 m² and a duration of more than 1 month on classified land

On classified interior parts only, the authorization of the prefect is required for the modification of horizontal or vertical volumes or distributions, the modification, restoration, restitution or creation of second-work elements or decorations, floors, carpentry, wall paintings, stains, stained glass or sculptures.

Before carrying out work on a listed building, the developer or the owner must inform the Regional Historic Monuments Conservation (RMHC) at the Drac: titleContent.

This notification opens the process of consultation with the State services, prior to the work.

The Drac is consulted during the development of the curriculum and during the preliminary summary project (APS) for a complex project. It allows for the benefit of upstream scientific and technical control.

Consultation may continue until the final preliminary draft (ODA). This allows for the submission of the work authorization application.

On-line request for assistance in the construction of works on a historic monument (protected buildings or objects)

On the spot

The application for authorization must be sent in 4 copies to the Territorial Department of Architecture and Heritage (Stap) of the building department, by direct delivery against receipt.

Application for authorization and/or grant of works on a historic monument (building, furniture, organ)

Who shall I contact
By mail

The request for authorization must be sent in 4 copies to the Territorial Department of Architecture and Heritage (Stap), in whose department the building is located, by registered letter with acknowledgement of receipt.

Application for authorization and/or grant of works on a historic monument (building, furniture, organ)

Who shall I contact

In return, a registration number is provided, as well as the date before which the decision will be notified. This date shall be final if the file submitted is complete.

The regional prefect (via the Drac) has 6 months to take a decision on authorization or refusal. However, if the Ministry in charge of culture (Directorate-General for Heritage - DGP) decides to give its opinion, the period for the investigation is 12 months.

If the Prefect of the Region (Drac) or the Ministry (DGP) has not replied at the end of the set deadlines, the authorization is considered to be granted.

The authorization decision may contain certain requirements or reservations and specify the conditions for scientific or technical inspection by the authorities responsible for historic monuments.

The name of the architect who created the architectural project must be displayed on the ground with city planning permission.

Warning  

the authorization expires if the work is not undertaken within 3 years of the notification or tacit agreement of the regional prefect, or if it is interrupted for more than 1 year. An application for a 1-year extension may be granted if it is submitted 4 months before the expiry of the period of validity.

Once issued, the authorization for works on a listed building must be displayed visibly from the outside during the duration of the work.

The work must be subject to site opening declaration to be sent to the city hall before the work starts.

The work is carried out under the scientific and technical supervision of the State services responsible for historic monuments (Drac).

The choice of the architect responsible for the works belongs to the sole owner. However, for restoration work on listed buildings, this choice must be made among the chief architects of historic monuments (ACMH) or among French or foreigners architects with an equivalent level of qualification.

The works on classified historical monuments belonging to the State are necessarily directed by the architect of the buildings of France (ABF) for ordinary maintenance and repairs, or by the ACMH for restoration work.

Any change in the nature and importance of the work must be the subject of a new application for authorization.

FYI  

any discovery made by chance or during work on a listed building and relating to a new element relating to the history, architecture or decoration of the building must be reported immediately to the prefect of the region, who may decide on the safeguard measures.

Work collection is the on-site verification of the conformity of the work with the authorization of the work. It is mandatory for work on a protected monument. It is carried out in conjunction with the Drac.

On completion of the work, the prime contractor must submit the documentary record of the works performed (DDOE) in 4 copies to the contracting authority, who must transmit 3 copies to the Stap.

It is from the delivery of the DDOE that the Drac can establish the compliance of the execution with the given authorization, within a period of 6 months.

The certificate of conformity of the works shall be certified by the regional prefect.

Please note

the name of the architect responsible for the project and the date of completion of the work must be displayed on one of the external facades.

Registered building

Work on a building listed as a historic monument is subject to a city planning authorization (building permit or declaration of work depending on the nature of the work).

Prior consultation is not mandatory for registered buildings but is recommended.

Before undertaking any work on a historic monument, the contracting authority or owner must inform the Regional Conservation of Historic Monuments (RCHM) at the Drac: titleContent.

This opens up the process of consultation with the State services, prior to the work operations.

The Drac is consulted during the development of the curriculum and during the preliminary summary project (APS) for a complex project. It allows for the benefit of upstream scientific and technical control.

Consultation may continue until the final preliminary draft (ODA). This allows for the submission of the work authorization application.

On-line request for assistance in the construction of works on a historic monument (protected buildings or objects)

Registration as a historic monument is notified to the owners. Nothing shall be changed in respect of the registered building or part thereof without four months prior notice to the administrative authority of the work to be carried out.

For works not requiring authorization (permit or prior declaration) under the city planning code, the contracting authority must make the declaration to the administrative authority responsible for historic monuments in 2 copies, 4 months in advance. In the absence of a reply within 4 months, the authorization shall be considered to have been granted.

In the case of buildings or works subject to a building permit, demolition permit, development permit or prior notification, the decision granting the permit or the decision not to oppose it may not be taken without the agreement of the administrative authority responsible for historic monuments.

The other work envisaged on the buildings listed as historic monuments cannot be undertaken without the declaration provided for above. The administrative authority may oppose such work only by initiating the procedure for classification as a historic monument provided for in this Title.

The work on the listed buildings is carried out under the scientific and technical supervision of the State services responsible for historic monuments.

Work (major repair or alteration) on a listed building is subject to building permit.

Work on a listed building that affects the consistency or appearance of the protected part of the building or that compromises the conservation of the building must be subject to a building permit.

If the work is accompanied by demolition, a request for demolition permit is mandatory.

Similarly, if the work requires a scour (excavation) and/or raising of the ground of more than 2 meters and which covers an area greater than or equal to 2 hectares (i.e. 20,000 m²), it is necessary to request a development permit.

Works not subject to the city planning code (e.g., alteration of gardens) are subject to prior declaration under the Heritage Code.

The application procedure to the City Hall is identical to that for other buildings.

However, the decision granting the permit or the decision not to oppose the prior declaration must take place after the agreement of the regional prefect.

The administration can only oppose the work with a classification procedure.

The name of the architect who created the architectural project must be displayed on the ground with city planning permission.

On the spot

Application for authorization and/or grant of works on a historic monument (building, furniture, organ)

Who shall I contact
By mail

Application for authorization and/or grant of works on a historic monument (building, furniture, organ)

Who shall I contact

Once issued, the city planning authorization must be displayed visibly from the outside during the construction period.

Before the work starts, the work must be the subject of a site opening declaration. This is addressed to the city hall and the regional conservation of historical monuments in La Drac.

The work is carried out under the scientific and technical supervision of the State services responsible for historic monuments (Drac).

The choice of the architect responsible for the works belongs to the sole owner.

FYI  

Any discovery (incidental or during works) of a listed building which relates to a new element (for example relating to architecture) must be reported immediately to the regional prefect. The latter may decide on safeguard measures.

When the authorized work has been carried out, a declaration of completion must be done in town hall.

Work collection is the on-site verification of the conformity of the work with the authorization of the work. It is mandatory for work on a protected monument. It is carried out in conjunction with the Drac.

On completion of the works, the documentary file of the works performed (DOE) shall be submitted in 4 copies by the supervisor to the contracting authority, who shall transmit 3 copies to the Stap.

It is from the delivery of the DOE that the Drac can establish the compliance of the execution with the given authorization, within 6 months.

The certificate of conformity of the works shall be certified by the regional prefect.

Approaches

Work on a building located near a listed or inscribed monument is called work in the vicinity of a historic monument. They are subject to city planning authorization in certain cases and under certain conditions.

The requirement to obtain a city planning authorization concerns work on:

  • a building leaning against a listed building, i.e. in contact with this building (in elevation, on the ground or in the basement)
  • a building that forms a coherent whole with a historic monument or that contributes to its preservation or presentation
  • an unprotected part of a partially classified building
  • a building located within the field of view of a listed or inscribed building (if visible from the monument or visible at the same time as the monument) and located within 500 m of the monument
  • a building located within an adapted or modified perimeter of protection, that has become delimited perimeters of the approaches (PDA)

Derogations from the 500 m protected perimeter can be made on a proposal from the architect of the Buildings of France (ABF).

The necessary city planning authorization depends on the nature of the work:

The application procedure to the City Hall is identical to that for other buildings. However, the agreement on the permit or the decision not to oppose the prior declaration must take place after the ABF has given its consent.

Works not subject to a permit or prior declaration under the city planning code are subject to authorization by the prefect of department, under the heritage code, given after the opinion of the ABF. The request must be sent in 3 copies to the City Hall.

The name of the architect who created the architectural project must be displayed on the ground with city planning permission.

Once issued, the city planning authorization must be displayed visibly from the outside during the construction period.

The work must be subject to site opening declaration to be sent to the city hall before the work starts.

The choice of the architect responsible for the works belongs to the sole owner.

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