2. Policy and Regulations

2.1 Main Laws and Regulations
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Belgium
Belgium’s adaptive reuse of cultural heritage is guided by regional legislations which vary but share common goals. For example, the Heritage Decree in Flanders (2013) and similar laws in Wallonia and Brussels facilitate the reuse of heritage sites while ensuring their historical integrity is maintained. These laws are often updated to reflect modern needs and sustainability goals. For instance, the transformation of Antwerp’s Handelsbeurs, originally built in the 16th century, reflects these principles by blending historical preservation with modern functionality (MDPI)
Bulgaria
In 1969 the Law on Cultural Monuments and Museums was adopted. It defines cultural monuments as “works of human activity that document material and spiritual culture and have scientific, artistic, and historical significance…”. Categories introduced include „world“, „national“, „local“, „ensemble significance“, and „for information“ which are used as main protection statuses till today. The law was relatively rarely changed till 2009 when it was replaced by the Cultural Heritage Act – the current main law in Bulgaria that regulates cultural heritage protection and adaptive reuse. This legislation outlines the framework for protecting, preserving, managing, and utilising cultural heritage, continuing the good practices from the past with the new tendencies implemented. It seeks to balance the preservation of historical and cultural values with the evolving needs of society, allowing for thoughtful and respectful reuse of cultural heritage sites.
The concept of heritage is quite expansive, including both tangible and intangible elements. While there are specific sites and buildings listed as cultural heritage properties under the Cultural Heritage Act, the notion of heritage extends beyond these designated locations. The country boasts a rich cultural tapestry that includes diverse traditions, rituals, crafts, music, dance, and folklore, all of which contribute to its intangible heritage.
Changing or modifying heritage buildings or landscapes in Bulgaria is not a straightforward process and typically requires approval from relevant authorities, especially for properties with higher protection statuses. Requests for alterations or interventions must undergo a thorough review process, the regulatory timeframe for which is 4 months, to ensure that any proposed changes do not compromise the cultural or historical significance of the property. Depending on the protection status and significance of the property, alterations may be subject to conditions or restrictions aimed at preserving its authenticity and integrity.
Bulgaria’s heritage conservation regulations are rather strict as procedure. However, the actual process of reviewing and control of every separate project gives enough flexibility for adaptive reuse and contextual development depending on the intervention qualities and argumentation. The key is ensuring that changes and adaptations respect the historical and cultural significance of the properties while balancing preservation with modern needs.
Regulation change initiatives connected to the Cultural Heritage Act in Bulgaria serve diverse purposes, ranging from modernization, digitalization and enhanced protection to community engagement and sustainable development. These initiatives may originate from various sources, including government bodies, experts, NGOs, and public feedback, reflecting the collaborative and dynamic nature of cultural heritage preservation efforts. The latest initiative has been submitted to the Parliament for a first reading in April 2024. The initiative comes from the Ministry of Culture and the National Institute for Immovable Cultural Heritage (NIICH). The main novelties concern organisational changes related to the responsibilities connected with the conservation of the heritage sites. It is proposed to relocate a large part of the document conciliation for interventions on heritage from the NIICH to the Ministry of Culture, and the time required is reduced from 4 to 2 months. The regional level entities (NUTS 2) aimed at facilitating and decentralising some of the activities for preservation of the local heritage are removed, but the creation of territorial units of NIICH is stated. Municipalities are to maintain a public register of endangered heritage sites. The process of using the legal mortgage mechanism by the local authorities in case of non-compliance with conservation measures by their owners is improved. Significant efforts are being made to define deadlines for identification and final evaluation of heritage sites (this is expected to take about a year a site). A deadline of 3 years is set for sites without regimes to acquire them. Temporary conservation rules are established according to the category of the heritage site for interventions in them until specific regimes are determined.
Cyprus
In Cyprus, the main laws governing cultural heritage protection and adaptive reuse encompass the Antiquities Law (No. 1/1973), which establishes the legal framework for safeguarding archaeological sites, monuments, and artefacts. Complementing this legislation are provisions within the Town Planning and Housing Law (No. 90(I)/1991), addressing urban planning and development considerations that intersect with heritage preservation. Additionally, environmental legislation and adherence to international conventions, such as the UNESCO World Heritage Convention, play vital roles in ensuring the protection of Cyprus’s cultural heritage. Furthermore, local regulations and bylaws implemented by municipalities further contribute to the management and conservation efforts at the regional level. Since its inception in 1973, the Antiquities Law has served as the cornerstone of heritage protection in Cyprus, guiding initiatives to conserve the nation’s rich archaeological legacy while facilitating responsible adaptive reuse endeavours.
The concept of heritage encompasses a wide range of tangible and intangible elements that hold cultural, historical, and societal significance. In Cyprus, heritage is approached with a comprehensive perspective, encompassing not only specific sites and buildings but also intangible heritage, cultural landscapes, and protected areas. This broader understanding acknowledges the interconnectedness of various elements that contribute to Cyprus’s cultural identity and collective memory.
Common examples of heritage in Cyprus include:
Archaeological Sites: Cyprus boasts a wealth of archaeological sites dating back thousands of years, including ancient cities, temples, tombs, and settlements such as Kourion, Salamis, and Choirokoitia.
Historic Buildings and Monuments: The island is adorned with numerous historic buildings and monuments spanning different architectural styles and periods, such as Byzantine churches, Venetian fortifications, Ottoman-era structures, and colonial-era buildings in cities like Nicosia and Limassol.
Intangible Heritage: Cyprus celebrates its intangible heritage through traditions, rituals, festivals, music, dance, cuisine, crafts, and oral histories passed down through generations. Examples include traditional folk dances like the sousta, traditional Cypriot cuisine, and the intricate art of Lefkara lace-making.
Cultural Landscapes: The island’s landscapes, shaped by human activity over centuries, also hold significant cultural value. These include agricultural terraces, traditional villages nestled in the Troodos Mountains, and the picturesque vineyards of the wine-producing regions.
Protected Areas: Cyprus is home to several protected areas, including nature reserves, national parks, and marine protected areas, which not only conserve biodiversity but also safeguard cultural landscapes and archaeological sites within their boundaries.
While specific sites and buildings hold particular importance, Cyprus recognizes the importance of a holistic approach to heritage conservation that encompasses both tangible and intangible aspects. This inclusive perspective ensures the safeguarding and promotion of Cyprus’s diverse cultural heritage for future generations.
In Cyprus, heritage protection statuses are primarily regulated through various legal mechanisms and administrative procedures aimed at safeguarding cultural, historical, and natural heritage. The main protection statuses and mechanisms include:
- Listed Buildings and Sites: Certain buildings, archaeological sites, and monuments of significant cultural or historical value are listed on official registers maintained by the Department of Antiquities. Listing affords them legal protection, making any alterations subject to approval and supervision.
- Conservation Areas: Designation as a conservation area aims to preserve the character and architectural integrity of historically significant urban or rural areas. Development within conservation areas is regulated more strictly to ensure that changes are compatible with the area’s character.
- World Heritage Sites: Cyprus has several sites inscribed on the UNESCO World Heritage List, such as the Painted Churches in the Troodos Region and the Neolithic Settlement of Choirokoitia. These sites benefit from international recognition and protection, with measures in place to conserve their outstanding universal value.
- Scheduled Monuments: The Antiquities Law empowers authorities to designate certain archaeological sites and monuments as scheduled monuments, providing them with legal protection against unauthorised excavation, alteration, or destruction.
- Environmental Protection: Natural heritage sites, including protected landscapes, habitats, and ecosystems, are safeguarded through environmental legislation aimed at conserving biodiversity and ecological integrity.
Changes to heritage buildings or landscapes in Cyprus typically require obtaining permits and approvals from relevant authorities, such as the Department of Antiquities, local planning departments, or municipal councils. The process often involves submitting proposals outlining proposed alterations or developments, accompanied by detailed plans and assessments of potential impacts on heritage values. Authorities evaluate these proposals based on criteria such as cultural significance, architectural merit, historical importance, and compatibility with conservation objectives. Public consultation and stakeholder engagement may also be integral to the decision-making process, particularly for projects with significant implications for heritage conservation. Overall, while changes to heritage buildings or landscapes are possible under certain circumstances, they are subject to rigorous assessment and scrutiny to ensure that they are carried out responsibly and in line with heritage protection objectives.
Heritage conservation regulations in Cyprus are generally stringent, reflecting the nation’s commitment to preserving its rich cultural legacy. These regulations aim to protect significant historical, architectural, and archaeological assets while also promoting sustainable development and adaptive reuse where appropriate. However, within these regulations, there exists a degree of flexibility that allows for adaptive reuse of heritage buildings, sensitive restoration projects, compatible development in designated areas, innovative conservation approaches, and consideration of public benefits. This flexibility permits the integration of modern needs and sustainability goals with the preservation of cultural heritage, ensuring that heritage assets are safeguarded while contributing to the vitality of communities. Authorities often exercise discretion and engage in dialogue with stakeholders to strike a balance between conservation objectives and development needs, thus ensuring that Cyprus’s heritage is preserved for future generations.
The heritage conservation system in Cyprus typically encourages a balanced approach that allows for both the strict application of regulations and flexibility depending on the circumstances. Local regulators are granted some degree of discretion to interpret and implement heritage conservation regulations, considering factors such as the specific characteristics of the heritage asset, the proposed changes or developments, and the broader context of the surrounding area.
In some cases, where the preservation of a heritage asset is paramount and any alterations pose a risk to its integrity, local regulators may opt for a strict application of regulations. This approach ensures that heritage values are upheld and that any proposed interventions undergo thorough scrutiny to minimise potential negative impacts.
Regulation change initiatives in heritage conservation may arise from various sources, including government agencies, heritage organisations, academic institutions, professional associations, and community groups. These initiatives aim to review, update, or introduce new regulations to address emerging challenges, improve effectiveness, and adapt to evolving priorities in heritage conservation. The purposes of such initiatives can vary but often include enhancing effectiveness, promoting innovation, responding to changing needs, streamlining processes, addressing legal and policy frameworks, and fostering community engagement. Regulation change initiatives often involve collaboration among multiple stakeholders, including government agencies, heritage professionals, advocacy groups, and the public. They may entail research, consultation, and stakeholder engagement to gather input, assess needs, and develop consensus around proposed changes. Ultimately, the aim is to create regulatory frameworks that balance the protection of cultural heritage with the need for sustainable development and adaptive management, ensuring that heritage assets are preserved for future generations to enjoy and appreciate.
GERMANY
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SPAIN
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