Question 1099 — building and public works

Summary

Ms. Béatrice Roullaud draws the attention of the Minister of Culture to the obligation to consult the architect of Bâtiments de France (ABF) in the event of work on buildings located around a listed site. The law of February 25, 1943 requires the opinion of the ABF on any request for authorization of work within a protection perimeter in principle of 500 meters radius around historic monuments, whether they are classified or registered. Since the “solidarity and urban renewal” law (SRU) of December 13, 2000, this perimeter can be adapted by the ABF and the municipality to the topographical and heritage characteristics of the territory. This 500 meter protection perimeter can thus be expanded or restricted, particularly during the development or modification of the urban plan. According to article L. 621-30 of the heritage code, in the absence of a perimeter demarcated, protection for the surroundings applies to any building, built or unbuilt, visible from the historic monument or visible at the same time as it and located less than five hundred meters from it. Thus, only works located within this field of visibility thus determined of a building classified or registered as a historic monument are subject to the authorization regime provided for by articles L. 621-31 and L. 621-32 of the same code. When a building is located within the field of visibility of a building classified or registered as a historic monument, it cannot be the subject, whether on the part of private owners or communities and public establishments, of any new construction, any demolition, any deforestation, any transformation or modification likely to affect its appearance, without prior authorization. But in practice, this notion field of visibility sometimes turns out to be arbitrary. If it is entirely legitimate to enact rules for the protection, conservation and enhancement of cultural heritage, it would nevertheless be desirable to relax this legal system which can prove too restrictive, particularly in small rural communities as is the case in the village of Plessis-Placy of less than 300 inhabitants, located in Seine-et-Marne, where an administered was refused energetic renovation work due to this notion of visibility with the listed church, whereas from this one, we cannot say that we can see our house. She therefore asks him if it would not be preferable for these authorizations to be the subject of a collective decision with local elected officials to overcome the rigidity of certain ABFs who have real discretionary power, making decisions very subjective without real knowledge of the reality of the municipality.

Machine translation from French. The official text remains authoritative.

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