1. Maintaining the Built Heritage: A Perspective of legal, financial and practical issues derived from Council of Europe actions and other examples Professor Rob Pickard, Northumbria University, UK

2. Background to Council of Europe Actions Venice charter 1964: Article 4 : “It is essential to the conservation of monuments that they be maintained on a permanent basis” Venice charter 1964: Article 4 : “It is essential to the conservation of monuments that they be maintained on a permanent basis” Resolution (66) 20 on the reviving of monuments (1966) advocated that “…that it is in the best interests of Governments to avoid placing themselves in a position where they are to accept full responsibility for all monuments and that, consequently, it is necessary...to take essential action to provide owners with the means to continue to maintain their monuments...” Resolution (66) 20 on the reviving of monuments (1966) advocated that “…that it is in the best interests of Governments to avoid placing themselves in a position where they are to accept full responsibility for all monuments and that, consequently, it is necessary...to take essential action to provide owners with the means to continue to maintain their monuments...”

3. Council of Europe Conventions Convention for the Protection of the Architectural Heritage of Europe (Granada, 1985) : article 6 and 10 identify the need for financial support for maintenance (and restoration) work and articles 3 and 4 identify the need for statutory protection measures. Convention for the Protection of the Architectural Heritage of Europe (Granada, 1985) : article 6 and 10 identify the need for financial support for maintenance (and restoration) work and articles 3 and 4 identify the need for statutory protection measures. Framework Convention on the Value of Cultural Heritage for Society (Faro, 2005) : article 9 need to “define and promote principles for sustainable management, and to encourage maintenance” and “ensure that all general technical regulations take account of the specific conservation requirements of cultural heritage”; article 12 raise awareness about “the need to maintain and preserve it”. Framework Convention on the Value of Cultural Heritage for Society (Faro, 2005) : article 9 need to “define and promote principles for sustainable management, and to encourage maintenance” and “ensure that all general technical regulations take account of the specific conservation requirements of cultural heritage”; article 12 raise awareness about “the need to maintain and preserve it”.

4. Recommendation No. R (91) 6 on measures likely to promote the funding of the conservation of the architectural heritage (1991) Administrative, Intervention, Financial and Sponsorship Measures, for example: Administrative, Intervention, Financial and Sponsorship Measures, for example: Revolving Funds, Low Interest Loans, Subsidies, Tax incentives Revolving Funds, Low Interest Loans, Subsidies, Tax incentives France: tax incentives for rented housing in conservation areas/zones; cost of maintenance, repair and improvement deducted France: tax incentives for rented housing in conservation areas/zones; cost of maintenance, repair and improvement deducted Denmark: decay-per-annum tax incentive formula based on each element and its life cycle to encourage maintenance (by BYFO – Danish Historic Houses Assoc.) Denmark: decay-per-annum tax incentive formula based on each element and its life cycle to encourage maintenance (by BYFO – Danish Historic Houses Assoc.) Belgium (Flemish): maintenance grants as well as restoration grants Belgium (Flemish): maintenance grants as well as restoration grants

5. Statutory Intervention Measures: Art. 3 and 4 Granada Convention Need for Supervision (4.1) to prevent dilapidation etc (4.2) Need for Supervision (4.1) to prevent dilapidation etc (4.2) 4.2c require owner “who is negligent” to “effect such maintenance work” or by public authority + recoup costs 4.2c require owner “who is negligent” to “effect such maintenance work” or by public authority + recoup costs 4.2d compulsory acquisition possible if necessary 4.2d compulsory acquisition possible if necessary E.g. Urgent Repair Notice England: 7 days notice (unoccupied or partly occupied) E.g. Urgent Repair Notice England: 7 days notice (unoccupied or partly occupied) or Full Repair Notice (includes where occupied) leading to compulsory purchase in two months of not done or Full Repair Notice (includes where occupied) leading to compulsory purchase in two months of not done Possibility of Order for “minimum compensation” where “deliberate neglect” Possibility of Order for “minimum compensation” where “deliberate neglect”

6. Recommendation No. R (97) 2 on sustained care of the cultural heritage against physical deterioration due to pollution and other similar factors (1997) legal and administrative regulation measures for owners/users on upkeep and maintenance legal and administrative regulation measures for owners/users on upkeep and maintenance organisational and programming measures: evaluation of the heritage at risk, periodic inspection, guidelines for upkeep and promoting public awareness e.g. organisational and programming measures: evaluation of the heritage at risk, periodic inspection, guidelines for upkeep and promoting public awareness e.g.

7. Examples Risk Evaluation: e.g. via “buildings-at-risk” strategy, UK; national programme on condition of cultural monuments, Latvia; proposed list of Endangered Properties in National Register, Bosnia and Herzegovina. Risk Evaluation: e.g. via “buildings-at-risk” strategy, UK; national programme on condition of cultural monuments, Latvia; proposed list of Endangered Properties in National Register, Bosnia and Herzegovina. Periodic inspection: Role of Monumentenwacht organisations/building care program: in Netherlands, Belgium plus Germany, Denmark, Hungary, England Periodic inspection: Role of Monumentenwacht organisations/building care program: in Netherlands, Belgium plus Germany, Denmark, Hungary, England Guidance on Upkeep: By official authorities e.g. English Heritage, such as through the recently published Conservation Principles which sets out the necessity for routine management and maintenance and the approach to periodic renewal or e.g. professional or voluntary bodies guidance for owners (e.g. IHBC/SPAB) Guidance on Upkeep: By official authorities e.g. English Heritage, such as through the recently published Conservation Principles which sets out the necessity for routine management and maintenance and the approach to periodic renewal or e.g. professional or voluntary bodies guidance for owners (e.g. IHBC/SPAB)

8. Council of Europe: Technical Cooperation and Consultancy Programme: Guidance Kosovo Emergency Record (2000) based on English Buildings at Risk Strategy and Monumentenwacht inspection system Kosovo Emergency Record (2000) based on English Buildings at Risk Strategy and Monumentenwacht inspection system Guidance on the development of legislation and administration systems in the field of cultural heritage (2000) (2 nd ed coming in 2009) section A4.7 “the obligations of owners/maintenance obligations” refers to idea of developing legal provisions for the use of voluntary management agreements e.g. Guidance on the development of legislation and administration systems in the field of cultural heritage (2000) (2 nd ed coming in 2009) section A4.7 “the obligations of owners/maintenance obligations” refers to idea of developing legal provisions for the use of voluntary management agreements e.g. Guidance on Heritage Assessment (2005) Guidance on Heritage Assessment (2005)

9. Guidance on Heritage Assessment Heritage Assessment: analytical tool/methodological guidelines developed from technical assistance/experience in South East Europe to create checklists for assessment heritage which could be used in other countries and other circumstances: Heritage Assessment: analytical tool/methodological guidelines developed from technical assistance/experience in South East Europe to create checklists for assessment heritage which could be used in other countries and other circumstances: Prioritised Intervention Lists: including significance, ownership, condition, risk, technical assessment and costings, occupation and management Prioritised Intervention Lists: including significance, ownership, condition, risk, technical assessment and costings, occupation and management Preliminary Technical Assessments: includes more detailed assessment condition, risk and vulnerability and required action to be prioritised, as well as financial considerations, feasibility studies and management issues and appendices (technical checklist and indicative checklist of threats) Preliminary Technical Assessments: includes more detailed assessment condition, risk and vulnerability and required action to be prioritised, as well as financial considerations, feasibility studies and management issues and appendices (technical checklist and indicative checklist of threats)