THE IMMOVABLE CULTURAL HERITAGE
- The object
of the cultural heritage is
protected under the following division:
- a) watching;
- b) preliminary
- c) cultural
monument of the 2nd category;
- d) cultural
monument of the 1st category
objects in block are defined according as : archaeological park, museum
city, museum area, historical city, archaeological
center and museum ensemble.
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.
- 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.
- The changing
or abolition of this status is made on the request of the object’ s proprietor addressed to the Institute of the
may not be changes or damages over the object enjoying such status, without
the prior written permission of the Institute
of the Cultural Monuments.
- 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.
the period defined in point 1, any intervention into the physical condition
of the object is prohibited.
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.
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.
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.
new constructions close to them must respect the distances of the protected
- The Minister
of Culture, Youth and Sports declares them cultural monuments of the 1st category.
- 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.
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.
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
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.
- The museum
city, museum areas, the archaeological zones, the historical centers, the
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.
- The total or
of the protection level over the cultural monuments is made by the decision
of the same body having previously taken
- 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.
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.
- 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
excavation of archaeological character and the use of the metal-tracer
equipments by people or unauthorized subjects are
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.
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.
- 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.
other restoring works over these monuments are covered as follows:
- a) 50%
by the state and 505 by the owner for the monuments of the 1st category;
- b) 30%
by the state and 70% by the proprietor for the monuments of 2nd category.
- 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
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
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).
- 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.
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.
sticking of the publicity papers over the cultural monuments is made
only on the occasions of cultural festivities and they are
cultural activities into the cultural monuments objects are organized
only in cases when they do not risk or affect their values.
Minister of Culture, Youth and Sports issue the permission to organize
the cultural events and the putting of the publicity
papers on them.
The searches, the polling and the archaeological excavations over the whole
territory of the Republic of Albania are monopoly of the Albanian state.
activities described in article 41 are performed by the Institute of Archaeology.
activities are accomplished based on the works coordination between the
Institute of Archaeology and the Institute of
the Cultural Monuments.
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.
co-operating case, it s obligatory to have the approval of the supreme
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.
- 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.
The archaeological objects, found during the archaeological excavations, are
property of the Albanian state.
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.
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.
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
- 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
- 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.
- 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.