Historical Heritage Assets

Real estate declared of Cultural Interest must be integrated into one of the following categories:

• Monument: construction or work product of human activity of relevant historical, architectural, archaeological or artistic interest.
• A Historic: the grouping of real estate that make up a coherent unit with historical and cultural value, although individually they do not have a special relevance.
• Cultural Landscape: places that, as a result of man's action on nature, illustrate the historical evolution of human settlements and the occupation and use of the territory.
• Historical Garden: the delimited space, product of the human ordination of natural elements, estimated of historical, aesthetic or botanical interest.
• Site or Historical Territory: the place linked to events of the past that have a special historical relevance.
• Well of Ethnographic or Industrial Interest: constructions or installations representative of traditional activities or linked to modes of extraction, production, marketing or transport that deserve to be preserved for their industrial, technical or scientific value.
• Area of ​​Archaeological and / or Paleontological interest: the place or place where there are assets or remains of human intervention or fossilized remains, susceptible to be studied with archaeological and / or paleontological methodology, whether they are on the surface or if they are in the subsoil, under water or in emergent constructions.

The real estate of Interest Patrimonial they will not have categories.

The movable property They can be declared of Cultural Interest or Patrimonial Interest individually, as a whole or as a collection. A group of goods is understood as the group of works linked by artistic, thematic, functional or contextual affinities that have been produced for the same location from a single creative impulse or through the collaboration of several artists.

El intangible cultural heritage It can be declared as a Cultural Interest or Heritage Interest, in the category of Cultural Fact.

The Regional Ministry responsible for Historical Heritage must authorize interventions in movable and immovable property of Cultural Interest and in the defined protection environments of the latter. The maximum period to resolve will be two months, after which, without having been notified of the resolution, the interested parties may understand that the request has been dismissed due to administrative silence.

Uses and intervention criteria

• 1.º Partners must Minimal intervention: what is essential for the conservation, restoration or putting into use of the property, avoiding treatments or unnecessary actions that endanger its integrity. The reintegration or reconstruction will only be carried out when it is necessary and sufficient information is available to avoid historical falsehoods.
• 2.º Partners must Differentiation: The elements destined to replace the missing parts must be integrated harmoniously in the set, but in turn differentiating themselves from the original parts, in order to avoid both historical and artistic falsification.

The following are established intervention criteria in the Assets of Cultural Interest:

• The drafting of projects, technical directions and implementation of interventions should be entrusted to qualified professionals in accordance with current legislation. When the intervention requires it, multidisciplinary teams will participate in the same.
• Any intervention will be documented in a report or final report that includes the detailed description of the executed and the treatments applied, as well as the graphic documentation of the process followed, for the purposes of its subsequent dissemination.

Any intervention on movable property declared of Patrimonial Interest must respect its historical, artistic and cultural values ​​and, in any case, will require prior authorization of the Regional Ministry competent in matters of historical heritage. Said authorization shall be deemed granted if, two months after receipt of the request by the competent body, the latter has not issued a resolution.

The owners of movable property declared of Patrimonial Interest must communicate to the Regional Ministry responsible for historical heritage the transfer of said assets outside the territory of the Community of Madrid for its annotation in the Registry of Assets of Interest. Likewise, they must communicate that the property or goods return to the Community of Madrid.

The separation of the parts of a group of movable assets declared of Patrimonial Interest will need the express authorization of the Regional Ministry competent in matters of historical heritage.

Regime of immovable property declared of Patrimonial Interest

The works and interventions in the real estate assets of Patrimonial Interest must respect their historical and cultural values ​​and, in any case, they will adapt to what is established in their declaration.

Prior authorization must be obtained from the Regional Ministry responsible for historical heritage in the following cases:

• The major works that, for the purposes of this law, are those for which the preparation and approval of the project is required in accordance with the current building ordinance legislation. However, authorization will not be necessary in works that have the purpose of maintaining the property in conditions of health, habitability and decoration, provided that the morphological characteristics are not altered, nor affect the external appearance of the protected real estate.
• Minor works that, for the purposes of this law, are those actions that do not require a project but that affect elements expressly protected by the declaration as Assets of Patrimonial Interest.
• The works that alter the envelope or modify the exterior configuration of the buildings that are within the protection environments.

The maximum period to resolve will be two months, after which, without having been notified of the resolution, the interested parties may understand their request for administrative silence. 

The ruinous regime foreseen in Law 3 / 2013, of 18 of June, of Historical Heritage of the Community of Madrid will apply to the declared assets of Patrimonial Interest.

Researchers have the right of access to real estate declared of Patrimonial Interest under the conditions established by the Regional Ministry responsible for historical heritage.

The movable property included in the resolution of declaration of an immovable property as of Patrimonial Interest are inseparable from this one except authorization granted by the Regional Ministry competent in matters of historical heritage.

By virtue of the Historical Heritage Law, the declaration of an asset, either as Asset of Cultural Interest (BIC), or as Asset of Heritage Interest (BIP), requires the initiation and processing of a file that will always be initiated ex officio by resolution of the Director General competent in matters of historical heritage, either on his own initiative or that of third parties. The file will always be initiated ex officio by resolution of the Director General responsible for historical heritage, either on its own initiative or by third parties.

The opening ceremony must contain a description that sufficiently identifies the property to be declared and the characteristics that give it an exceptional value; in the case of real estate, it must also contain the cartographic delimitation of the property and its surroundings. Said act of initiation shall be notified to the interested parties and to the City Council in whose municipality the property is located, except in the case of movable property that is not owned, and shall be published in the Official Bulletin of the Community of Madrid.

The initiation of the file will determine, with respect to the affected property, the immediate and precautionary application of the protection regime established by this law for this type of property. Also, in the case of real estate, the opening of the file will produce as a precautionary measure the suspension of those actions that affect the property. However, the Regional Ministry responsible for historical heritage, until the final resolution of the procedure, may authorize the performance of conservation works and those that do not harm the integrity and values ​​of the property.

The file will be submitted to a period of public information for a period of one month from the publication of the initiation in the Official Gazette of the Community of Madrid, during which a hearing will be given to the City Council, to the interested parties and, also, to the Regional Council of Historical Heritage, and a report will be requested, at least, from one of the following institutions: the Royal Academy of History, the Royal Academy of Fine Arts of San Fernando, the public universities of Madrid, the Higher Council for Scientific Research and to Madrid professional associations related to this matter, depending on the nature of the property object of the declaration file. If the requested report had not been issued in the month following your request, it will be understood in a favorable sense to the statement.

The file will contain the following documentation:

• The precise description of the object of the declaration that facilitates its correct identification and justification of the characteristics that endow it with an exceptional value. In case that the protection is limited to only a part of a good, it must be sufficiently described and clearly differentiated from the whole.

• In the case of real estate, in addition, the cartographic delimitation of the object object of protection and its surroundings, the category in which it is classified, the adequate urban planning regime and, where appropriate, the integral parts and movable property that must be defined must be defined. Because of their significance, they must be included in the declaration.

• The state of conservation of the object object of protection and the basic criteria by which the interventions that are carried out in it must be governed.

• In intangible assets, the file must contain the definition of its significant values, delimitation of the territorial area in which they are manifested and a description of the goods with which they are related.

Corresponds to the Governing Council of the Community of Madrid by Decree, the declaration of Cultural Interest Asset, at the proposal of the Regional Ministry responsible for historical heritage.

The declaration agreement will be adopted within a maximum period of nine months counted from the date of publication of the resolution to initiate the file in the Official Bulletin of the Community of Madrid in the case of Cultural Interest Goods, or in the case of Assets of Interest within a maximum period of six months.

The agreement for the declaration of an Asset of Cultural Interest, or Asset of Patrimonial Interest, will be notified to the interested parties and to the Town Councils in whose municipality the property is located, except in the case of movable property that is not owned by them. Said agreement will be published in the Official Gazette of the Community of Madrid and will be registered in the Register of Assets of Cultural Interest of the Community of Madrid, or in the Register of Assets of Interest of the Community of Madrid, communicating it to the competent Ministry in historical heritage material for its knowledge and timely effects. This agreement will prevail over the urban regulations that affect the property, and this must be adjusted to the aforementioned declaration through the appropriate modifications.