Legislative and planning framework on heritage - Romania


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Legislative and planning normative framework on heritage and landscape - the Romanian case

Presented during the VIVA EAST Thematic Seminar on "Methodology for Urban Planning and Design of minor Historic Centres Territorial Cultural Systems, Bari, Italy, Oct. 2012

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Legislative and planning framework on heritage - Romania

  2. 2. Regulatory framework on heritage and landscape was mainly developed inRomania after 1989.• first law concerning historical monument was created in 1892 and a Frenchmodel of the Commission of Historical Monuments• 1948 – the Commission of Historical Monuments is suspended• 1959 – a new Direction of Historical Monuments is in charge with heritageprotection• 1980 – the body responsible for heritage is suspended again• 1990 – the domain of heritage was affected by legislative instability and absenceof regulatory dispositions.
  3. 3. During 1990-2000 decade, decrees and laws are promoted referring to theacceptance and ratification of European or UNESCO conventions.• Decree nr.187/30.03.90 for the acceptance of the Convention for protection ofWorld Heritage, cultural and natural, General Conference of UNESCO, Paris16.11.1972• Law nr. 50/97 regarding the ratification of European Convention for the protectionof archaeological heritage, La Valetta, 16.01.92• Law nr. 157/97 for ratification of the Convention for the protection of architecturalheritage of Europe, adopted in Granada, 03.10.1985
  4. 4. New legislation concerning heritage had to start with a basic legislativestructure - 2 main laws:• Law 422/2001 – Law for the protection of historical monuments, republished in2006, O.M.938/20.11.2006• Law 378/2001 – Law concerning the protection of archaeological heritage anddeclaring of some archaeological sites as areas of national interestIn the field of mobile heritage, Law 182/2000 – Law concerning the protection ofmobile national heritageand Law 311/2003 – Law of museums and public collections completed the legalgeneral frame.
  5. 5. The law regarding immobile heritage introduced rules referring to inventory,classification, modalities of intervention, institutions and professionalbodies, obligations and rights of the owners, local authorities attributions,financing and sanctions but needed to be completed by methodologicalstandards:Ministerial Order nr.2682/2003 regarding the approval of methodologicalstandards for classification and inventory of historical monuments, the List ofHistorical Monuments, the analytical accounting fiche for historical monumentsor for a specific heritage – World Heritage Monuments:Law 564/2001 approving the GO nr. 47/2000 concerning the protection measuresfor historical monuments being of the WH List.In the following years the legal system for special categories of heritage was apriority- Ordinance nr. 43/30.01.2000 concerning the protection of architecturalheritage and declaration of architectural sites as areas of national interest, Law454/2006 for the approval of GO nr. 21/2006 regarding the concession system forhistorical monuments, Law nr. 6/2008 for the legal system of technical andindustrial heritage .
  6. 6. Urban and territorial planning were the fields where legal provisions wereintroduced as a new way of tackling also the context of heritage objects –areas with architectural or ambient values.The first territorial document was the Spatial Plan for National Territory (PATN)-Section III – Protected Areas approved by a special law - Law5/2000.Since that point, at all levels of planning-county, zone, central area or area ofhistorical/architectural significance, plans concerned with the inventory andprotection of built heritage were promoted: PATJ – county level, PUG – city orvillage level, PUZ – central or built values areas.The main objectives of these plans are to link territorial development of a region,an area or a community to heritage valuation and enhancement, to provide anadequate protection but also a sustainable development of the territory concerned.As areas of architectural and urban value were existing in most of historic cities allover Romania, by the Minister Order nr.562/2003 was approved the technicalregulation of Methodology for the elaboration and framework of urban documentsfor Protected Built Areas – in use since today for these urban studies and plans.
  7. 7. The field of Landscape was less fortunate:Law 451/2002 is in force for ratification of the European Convention of Landscape,adopted in Florence at 20 October 2000 but since, no methodologicaldocuments in view of an adapted application were produced.Although the Ministry of Regional Development and Tourism initiated a pilot projectand a methodology to be developed in 2007, these documents were nottransposed into the legal framework.In the urban plans, a chapter is related to landscape protection (PUG, PUZ) butthe provisions included in their set of rules and regulations can hardly be applied inthe absence of a methodology.
  8. 8. Legal context for urban planningLAW 350/2001REGULATORY PLANNINGGeneral Master Plan - PUGZonal Master Plan - PUZDetailed Master Plan - PUDDerogatory procedures: allowed for exceptional cases, but used intensely,especially in the years of real estate development booming.Too much room left to private side!Passive attitude of local public authorities.Little negotiation for getting advantages in public interest.
  9. 9. Legal context for urban planningSTRATEGIC PLANNINGSupposedly part of PUG – strategic dimension.No obligation for elaborating local development strategies or other sectorialstrategies (housing, transportation, green...)Financial support from USAID, EU, international cooperation programs...Consultancy companies and foreign experts: short visitsDocuments in the shelf
  10. 10. Legal context for urban planningTERRITORIAL PLANNING INSTRUMENTS:STRATEGIC PLANNING + REGULATORY FRAMEPATZ – Valea HartibaciuluiRESTRUCTURAREA RELAŢIEI URBAN-RURALIN CONTEXTUL COEZIUNII TERITORIALEPhase 1 – 2009, Environment impact report 2010 ....October 2012: Regional Environment Agency evaluationPilot financed by the Ministry of Regional Development+ an active GAL – Local Action Group – grouping of local authorities
  11. 11. CONCLUSIONS:legal and institutional frame Lack of interest Lack of for resources “planning” Technical for argument reliable Political will Not aware and of the use relevant of data territorial approach common “collective” interest has interests of the negative connotations from the local communist regime DISCONNECTIONS community
  12. 12. CONCLUSIONS:needs for changes of legal and institutional frameusually following theCHANGES OF ATTITUDES AND WAYS OF DOING Building up accessible and clear arguments Technical Political will argumentopeningofprofessionals towardsparticipation Local democracyand wakening common at work:from apathy for local interests of the better chances instakeholders local small communities community Accountability CONNECTIONS