Maintenance of the built and movable inheritance

the operations of maintenance of the inheritance built and movable relate to the whole of current work which the conservation of a building or green area requires. “Concerning the historic buildings, the State has certainly the duty to maintain as a good father family the buildings of which he is owner, but he as belongs to him to exert an attentive monitoring on the interesting monuments as the chance of the successive transmissions ruined the hands private individuals or communities” (explanatory memorandum of the law of 1913).

the nature of the interventions The operations of conservation are exerted on constitutive materials themselves to prevent the risks of deterioration of them. The interventions of restoration tend to improve the legibility of works by attenuating the misdeeds of deteriorations, while respecting their integrity.

article 606 of the Civil code specifies that: “The major repairss are those of the large walls and the vaults, the re-establishment of the beams and whole covers. That of the dams and retaining and the end walls also in entirety. All other repairs are of maintenance”.
Some elements of jurisprudence: The stocks of chimney belong to the large walls that they prolong above the roofs (Civ. 1st, 15-3-1961: Bull. I, n°166, p. 132). With a major repairs the integral renewal of zinc works of a roof (Civ must be comparable. 1st, 2-2-1955: Bull. I, n.55, p. 52). Repairs to be operated on a large wall are major repairss since the cracks which occurred compromise the balance of the wall (Req. July 19th, 1911: D.P. 1913,1,392), but the simple rough-casting is a repair of maintenance whose load falls on the usufructuary (Civil 1st, March 21st, 1962: J.C.P. 63, II, 13272, note H.G.). Article 606 enumerates limitativement the major repairss (Civ. 3rd, October 25th, 1983: Bull. III, N. 194, p. 149). The usufructuary is not held to make carry out the coatings of protection which did not exist at the time of the constitution of usufruct (Civ. 3rd, 5-3-1986: D. 1987, Somm. 17, obs. Robert). Moreover, one can usefully refer in articles 1719 and 1720 of the same Code governing the rights and the duties of the tenants and owners.

the maintenance of the inheritance for the inheritance protected under the historic buildings .

the definition of strict maintenance .

Circulars of the March 6th, 1984 of the Management of the inheritance and May 3rd, 1995 of the Center of the national monuments, donnenty a practical definition: “Maintenance corresponds to the preventive action or curative which, by average tiny rooms, prevents the appearance of a disorder, removes it or the extension stops some. Of this fact maintenance should not pose archaeological if not fortuitous problem, but it can raise problems of aspect. There do not exist financial thresholds of the operations of maintenance. Whatever the diversity of the cases of intervention, it is necessary to pose a certain number of principles”. The owners, affectataires or managers have the duty to take care of the good state of the monument. Maintenance defines the whole of the operations which do not require any administrative authorization with the title of the law of December 31st, 1913 or the law of May 2nd, 1930. This action, preventive, consists in particular of sweeping, cleaning of the gutters and ditches, émoussage, dischargings, etc In certain cases, it is desirable that they take the fastener of the ABF to collect its technical opinion (natural products used…). Repairs, repairs, restorations and modifications, they, require, an administrative authorization for the classified buildings or gardens or a declaration of work for the buildings registered with the title of the law of December 31st, 1913 or the law of May 2nd, 1930. They include/understand the whole of the operations which are likely to affect the aspect and the conservation of the monument. These operations include in particular all operations of painting, rough-casting, cut and tree felling, deforestations, clearings, replacement of door frames, stained glasses, etc

the takings of evidence of the requests for authorizations of work according to the nature of the interventions

With the title of the legislation on the historic buildings, the request for authorization of work must be addressed to the Regional director of the cultural affairs (DRAC), the Regional prefect rules then on the request. In the particular cases (approximately 5%) the higher Commission of the historic buildings is seized and after his opinion, the Minister for the Culture rules on the request.
With the title of the regulation of town planning, the work of restoration and maintenance of the classified buildings is exempted permit building. They are however subjected to a declaration in town hall, for the checking of their conformity with the rules of town planning. The mayor of the commune concerned has a two months deadline to mean his opposition to the project. The decree (object of a recourse to the Council of State) n° 96-541 of June 14th, 1996 (OJ of 19, circular of application of May 30th, 1997) brings up to date the indicative list of the work subjected to authorization given by the decree of 1924 and enumerates the parts constitutive of any request file of authorization of work on a building classified or declaration on a registered building.
“is in particular included amongst the work subjected to the authorization envisaged in articles 9 and 12 of the law of December 31st, 1913 on the historic buildings underminings in a classified ground, the deforestation, grubbing, clearing, the execution of murals, paints, stained glasses or sculptures, the restoration of paintings and stained glasses old, work which causes for object or to put out of water, to consolidate, arrange, emphasize, to release, increase, insulate or protect a classified building, work of equipment of some nature that it is which is likely that is to say to modify an unspecified part of the building, that is to say to compromise the conservation of it, and, generally, the work and works aimed to the articles L. 421-1 and L. 422-2 of the Code of town planning. The request is accompanied by the program of operation describing and justifying projected work, and by the architectural and technical project or the final preliminary draft, which must in particular include the following elements: an introductory report, a detailed quantitative description, the whole of the graphic and photographic documents necessary to the comprehension of work to be realized. When the request for authorization is presented pursuant to article 12 of the law of the above mentioned December 31st, 1913, the file of the request includes/understands moreover all the documents making it possible to appreciate the architectural and technical impact work on the monument”. “These provisions must be applied with the greatest understanding and could not call into question the uses of the service as regards maintains running and emergency work on the protected buildings or parks and gardens”. The circular of application of May 30th, 1997 laying down the modes of enforcement of the decree n°96-581 of June 14th, 1996 (OJ of June 19th, 1996) of the minister in charge for the precise Culture: “The degree of accuracy required will have to be proportioned with the importance of work considered. When the request relates to a minor intervention not affecting the characteristics of the building, its conservation, its authenticity or its appearance, an extremely reduced file could be presented. Thus, of the maintenance work or minor repairs could be exposed only by one simple photographic cover attached to an explanatory note and in a plan of location or by the detailed specifications which will make it possible to measure the extent of work considered”. The owners, affectataires or managers thus have the responsibility for the safety and the good conservation of the monument, the classification of a building not belonging at the State not implying necessarily the participation of the ministry for the Culture in the work of restoration, repair or maintenance (article 11 of the decree of March 18th, 1924, OJ of the 29).

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