The next article in our Tuesday Mornings for Construction series, as part of our analysis of selected provisions of the Act of 23 July 2003 on the Protection and Care of Monuments (the " Monuments Protection Act "), is devoted to subsidies available to owners of immovable monuments. As we pointed out in our previous article #74 , in which we outlined the procedures for implementing investments on properties under conservation protection, monument protection entails not only obligations but also certain rights.
Financing the care of monuments takes place at the central, local and European levels.
Government grants
The owner (as well as the possessor, a person holding a monument in permanent management) of a building entered in the register of monuments (as well as a monument entered on the List of Heritage Treasures) has the opportunity to apply for a targeted subsidy – financial resources for conservation, restoration and construction works carried out on the monument.
These grants are provided by:
- The Minister of Culture and National Heritage (hereinafter referred to as the Minister), from the state budget funds, from the part at the disposal of that minister,
- Voivodeship Conservator of Monuments (hereinafter referred to as the Voivodeship Conservator), financed from state budget funds in the part administered by the Voivode.
Conservation, restoration, or construction work eligible for grants from the Minister must be carried out within the framework of tasks falling within the heritage protection programs announced by the Minister for the given year. In accordance with the "Monument Protection" program, the guidelines for the given year, and the published program regulations, the Minister accepts applications from eligible applicants within the deadlines specified in the regulations.
Grants granted by provincial conservators are implemented on the basis of the regulations for the call for applications and the award of grants for conservation, restoration and construction works, adopted by orders of provincial conservators of monuments.
Pursuant to the Act on the Protection of Monuments, the subsidy may cover necessary, planned or actual expenditures for conservation, restoration or construction works , including:
i. conducting conservation or architectural research,
ii. preparing a construction design in accordance with the provisions of the Building Law,
iii. preparing a design for the reconstruction of the interior composition,
iv. securing, preserving and consolidating the substance of the monument,
v. restoring the destroyed appurtenances of the monument, if such restoration does not exceed 50% of the original substance of such appurtenances.
The total amount of subsidies for conservation, restoration, or construction work on a registered monument, granted by the Minister and the provincial conservator, may not exceed 100% of the costs necessary to carry out such work. Bodies authorized to grant subsidies maintain records of subsidies granted and inform each other about the subsidies granted.
Subsidies from local government funds
Pursuant to the Act on the Protection of Monuments, subsidies for conservation, restoration or construction works on a monument entered in the register or included in the municipal register of monuments may also be granted by the decision-making body of the municipality, district or voivodeship self-government, under the terms specified in the resolution adopted by the given body.
At the same time, these subsidies cannot exceed 100% of the expenditure necessary to perform these works.
It is also worth pointing out that government and local government subsidies are granted not only to finance the necessary investments in monuments, but also for archaeological research, scientific research, and even for furnishing the interior in which monuments are stored.
Grants from EU funds
The European Union also invests in Polish heritage sites. Grants are provided through various programs, the most popular being the European Regional Development Fund, particularly the Regional Operational Programs implemented by local governments. Obtaining funding to support heritage conservation should begin with determining the scope of the project and identifying the appropriate funding source. It's also important to ensure that planned investments are well-planned and economically viable. Information on funding opportunities is available at European Funds Information Points.
Today we invite you to read the next article, which will appear in a week and will concern the draft amendments to the Act on the Protection of Monuments currently being processed by the government.
Legal status as of October 29, 2021
This alert is for informational purposes only and does not constitute legal advice.
author:
