📜 Memo for the Owner of a Historical and Cultural Value
General Provisions
The legislative requirements outlined in this Memo are mandatory for all legal entities, individuals, and individual entrepreneurs – owners (tenants) of buildings and structures that are historical and cultural values, and their constituent parts (apartments, isolated premises, etc.)
All owners of historical and cultural values are obliged to comply with the following requirements:
1. Conclusion of a Protection Obligation
A protection obligation is concluded with the owner (user) of each historical and cultural value, as well as its constituent parts (apartments, isolated premises, etc.). It reflects the main legislative requirements for ensuring the preservation of the object, as well as individual conditions for its maintenance and use, and other restrictions on the activities of owners.
The protection obligation is drawn up in the form approved by the Ministry of Culture of the Republic of Belarus and is included in the package of documents when processing wills, contracts of sale, donation, privatization, and other real estate transactions.
The protection obligation (two copies) is signed by the owner (user) at the city or district executive committee (culture department or ideological work, culture, and youth affairs department) within one month from the date of acquisition of ownership.
Failure to comply with this condition may lead to the invalidation of the real estate transaction at the suit of the local executive and administrative body, and also serves as a basis for the seizure of the land plot (Part 2 of Article 75 of the Code of Culture of the Republic of Belarus).
To prevent adverse consequences, we recommend that in case of violation of these deadlines, you immediately contact the city and district executive committees to eliminate existing violations of legislation and sign protection obligations.
2. Installation of a Protective Plaque
The owner is obliged to install a protective plaque of the established design on the immovable historical and cultural value at their own expense.
The procedure for placing a protective plaque is defined in Part 5 of Article 104 of the Code of Culture of the Republic of Belarus.
Note: If a protective plaque was installed on a historical and cultural value before the adoption of the new design (i.e., it bears the State Emblem of the Republic of Belarus), it may be retained without changes.
3. Passport Production
It is necessary to ensure the production of a passport for the historical and cultural value (Article 100 of the Code of Culture of the Republic of Belarus).
The passport is produced at the expense of the owner (user) in three copies (for the owner, the city/district executive committee, and the Ministry of Culture) by museums, scientific, and design organizations that employ specialists in the protection of historical and cultural heritage with at least two years of experience in this field. The passport template is approved by the Ministry of Culture.
Failure to comply with the requirements for signing protection obligations, fulfilling their requirements, including installing a protection plaque and ensuring the production of a passport, entails administrative liability (Article 20.1 of the Code of Administrative Offenses of the Republic of Belarus):
- imposition of a fine of up to eight basic units (for individuals);
- for an individual entrepreneur – up to twenty-five basic units;
- for a legal entity – up to fifty basic units.
4. Protection Zone Project
The owner is obliged to ensure the development of a protection zone project for the historical and cultural value.
Without developed protection zone projects, the development of urban planning, land management, and other design documentation is prohibited.
For historical and cultural values located nearby, unified protection zones may be established. In particular, the protection zone projects for the historical centers of Vitebsk and Polotsk include all heritage objects located within their territory.
5. Ensuring Preservation and Work Permits
The owner is obliged to ensure the preservation of the historical and cultural value.
Works on historical and cultural heritage sites, including the development of design and estimate documentation, can only be carried out if the client has permits from the Ministry of Culture of the Republic of Belarus.
Works must be carried out under the supervision of persons holding a certificate for supervising the development of scientific and design documentation for repair and restoration works on tangible historical and cultural values.