CHAPTER  III

THE IMMOVABLE CULTURAL HERITAGE

 

ARTICLE  24

  1. The object of the cultural heritage  is protected under the following division:
  2. The objects in block are defined according as : archaeological park, museum city, museum area, historical city, archaeological center and museum ensemble.
  3. The complete or partial divest of the state protection over an object or group-objects of the cultural heritage is an exclusive right of the body having previously declared such protection.

ARTICLE  25

  1. The objects under watch (observance) comprises all the objects in wrecking condition, castle, cult (worship) objects, engineering  constructions, public or luxurious  constructions, built prior the year 1900 and those being under usage, built before the year 1944. Such a status is declared by the Institute of the Cultural Monuments and it is permanent.
  2. The changing or abolition of this status is made on the request of the object’ s proprietor addressed to the Institute of the Cultural Monuments.
  3. There may not be changes or damages over the object enjoying such status, without the prior written permission of the Institute of the Cultural Monuments.

ARTICLE  26

  1. The Institute of Cultural Institute declares “object under preliminary protection” any object of rare values. This status is given for a period of 6 months during which the institution must carry out the procedures to evaluate the further status of the said object.
  2. Over the period defined in point 1, any intervention into the physical condition of the object is prohibited.

ARTICLE  27

Monuments of 2nd category comprise all the constructions on the museum areas and those in the protected areas of the museum cities in the historical centers not defined as monuments of 1st category. They are conserved in architectonic volumes and structures ( composition) of their outer appearance. The Minister of Culture, Youth and Sports  declares them cultural monuments of 2nd category.

ARTICLE  28

  1. Monuments of 1st category are the constructions of distinguished values and of special importance to the cultural heritage. They are conserved in the entirety of their architectonic and technical components.
  2. The composition of the volumes, the architectonic treatment of the exteriors and interiors as well as the plan and functional solution of these monuments can not be altered.
  3. The new constructions close to them must respect the distances of the protected areas.
  4. The Minister of Culture, Youth and Sports declares them cultural  monuments of the 1st category.

ARTICLE  29

  1. Museum city, museum area, historical center, museum ensembles, the centers and the archaeological parks include that category of objects in block, which are conserved in their entirety as historical – archaeological, monumental, architectonic – urban and environmental complexes, and it is for this reason the new constructions should not interfere to the existing objects, except the engineering subterranean networks.
  2. The rules governing the administration of the abovementioned objects are approved by the Council of Ministers on the proposal of the Minister of Culture, Youth and Sports.
  3. The cultural monuments of the 1st and 2nd category inside the historical centers, museum cities and the museum ensembles may be utilized on other functions as well which do not affect their values. There may be settled governmental or private institutions, such as museums, libraries, monument parlor, phototeques, art gallery and various exhibitions.

ARTICLE  30

The specialized institutions of the cultural heritage fields, the local authorities and the owners or possessors of the objects enjoy the right to propose the declaration of cultural monuments of an object. The proposal should be addressed to the Minister of Culture, Youth and Sports.

ARTICLE  31

  1. The museum city, museum areas, the archaeological zones, the historical centers, the museum ensembles and the archaeological   parks are declared as such on the decree of the Council of Ministers, after the proposal of the Minister of Culture, Youth and Sports.
  2. The total or partial  abolition of the protection level over the cultural monuments is made by the decision of the same body having previously taken such decision.

 

ARTICLE  32

  1. A terrene or wasteland around the cultural monument is determined as a protected area, matching their architectonic values, their urban–esthetic suitability, their surrounding and the ecologic environments.
  2. The dimensions of the protected area are defined by the organ declaring the monument based on the result of the survey accomplished by the Institute of the Cultural Monuments.

 

ARTICLE  33

  1. The excavation, restoration, the utilization and any other action taken over the cultural monuments as well  as any modification on the land location around put under their protection, is only effectuated by the authorization of the Archaeological Institute or of the Institute of Cultural Monuments.
  2. The excavation of archaeological character and the use of the metal-tracer equipments by people or unauthorized subjects are forbidden.

ARTICLE  34

The local government units collaborate with the Institute of Cultural Monuments and the Institute of Archaeology for the preservation protection of the cultural heritage objects situated over the territory of their jurisdiction. The Ministry of Culture, Youth and Sports defines the ways of the cooperation.

ARTICE  35

The works for the maintenance, of restoration and the revitalization of the cultural monuments are accomplished  using the funds allocated by the Ministry of Culture, Youth and Sports through the State Budget, after the approval of their working plans by the Institute of the Cultural Monuments.

ARTICLE  36

  1. The state covers all the expenses for the preservation of the historical -artistic values, which are not linked to the objects’ stability ( constancy), for the cultural monuments of 1st and 2nd category, property of non-governmental subjects.
  2. The other restoring works over these monuments are covered as follows:

ARTICLE  37

  1. When the non-governmental proprietor of the cultural monument do not possess funds to cover the restoring works, after the planning of these works, the state intervenes  to the banks to get long-term loans on softening terms.
  2. When the owner refuses the loan and when the monument risks to be demolished, the restoring works are even carried out without having his consent, by the Institute of the Cultural Monuments or by other licensed subjects. Upon the completion of the works, the owner is obliged to pay his own part of the expenses, in accordance with the article 36 of this Law.

ARTICLE  38

Any decision taken by the Councils of Territory rehabilitation to intervene or construct into the areas declared cultural monuments or protected area close to a cultural monument, despite its proprietorship, is non-effective ( invalid).

ARTICLE  39

  1. The cultural monuments may be revitalized for administrative and social – cultural reasons, on the condition that the new function should not affect the monument’s value.
  2. In any case, the utilization of the cultural monuments is allowed only after signing the contract between the user and the owner, who is asked to inform the Institute f the Cultural Monuments.

ARTICLE  40

  1. The sticking of the publicity papers over the cultural monuments is made only on the occasions of cultural festivities and they are temporary.
  2. The cultural activities into the cultural monuments objects are organized only in cases when they do not risk or affect their values.
  3. The Minister of Culture, Youth and Sports issue the permission to organize the cultural events and the putting of the publicity papers on them.

ARTICLE  41

The searches, the polling and the archaeological excavations over the whole territory of the Republic of Albania are monopoly of the Albanian state.

ARTICLE  42

  1. The activities described in article 41 are performed by the Institute of Archaeology.
  2. These activities are accomplished based on the works coordination between the Institute of Archaeology and the Institute of the Cultural Monuments.
  3. To realize these events, there may be cooperated with other specialized institutions, state or private ones, domestic or foreign. These co-operations are based on the agreements or contracts, bilateral or multilateral. The exclusivity of the foreign institutions is excluded. In any co-operating case, it s obligatory to have the approval of the supreme body.

ARTICLE  43

  1. The centers, the areas and the archaeological parks are defined by the Institute of Archaeology and the Institute of the Cultural Monuments. Over the territories included in this group, any kind of intervention of constructing character or other activities that harm them, are prohibited.
  2. The archaeological areas under survey are defined by the Institute of archaeology and the Institute of the Cultural Monuments. Each intervention over these areas is performed in the presence of the above institutions’ experts.

ARTICLE  44

The archaeological objects, found during the archaeological excavations, are property of the Albanian state.

ARTICLE  45

The physical or legal persons, who discover or excavate, at random, objects of the cultural heritage, are bound to inform, within 20 days, the cultural local bodies, the Institute of Archaeology and the Institute of the Cultural Monuments by declaring the finding way and place.

After the documentation of the object, the experts commission set up to this end evaluate the values and decide upon the further status of the object and, the remuneration of this person.

ARTICLE  46

On the purpose of following up the occasional archaeological excavations, coming out during the agricultural diggings, engineering construction works or building constructions and taking the measures to preserve the values of these objects, when the respective units of the Institute of Archaeology and the Institute of the Cultural Monuments do not cover them, there are established special sets of temporary function on the decree of the Minister of Culture, Youth and Sports.

ARTICLE  47

In cases of huge constructions over the state or private property territory, such as roads, highways, airports, industrial works, new housing centers, the investors, during the drafting and applying their projects,  are bound to consult with the experts of the Institute of Archaeology and the Institute of the Cultural Monuments. The experts check the area and prepare the respective report. When the area features important archaeological, ethnographic values or traces of ancient or traditional architecture, the project must be modified. The proposal to modify the project must be delivered by the institutions having performed  the checking and the expenses for these modifications must be covered by the investors themselves.

ARTICLE  48

  1. When right after the construction works have begun, there are found traces or objects of archaeological – ethnological values, the work will immediately be suspended.
    The leaders and the investors of the works will inform within three days the local authorities, the Institute of Archaeology and the Institute of the Cultural Monuments, who are responsible to make the respective check-in , to report on the values found and make the proposals on the continuation or not of the working procedures.
  2. If the findings are of important values, the started works may undergo changes or may be eventually interrupted. In such a case the decision is taken by the body enjoying the right to authorize the starting of the works.
  3. In the case the workings should undergo changes, all their expenses as well as those covering the scientific searches, the necessary restoring or preserving activities, will be totally covered by the investor.