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.