Art. 11 Things subject to specific protection provisions
1. The following types of things are subject to the provisions expressly referred to:
(paragraph as amended by Article 2 of Legislative Decree No. 62 of 2008)
a) the frescoes, the coats of arms, the graffiti, the headstones, the inscriptions, the tabernacles and other decorative elements of buildings, exposed or not to the public view, referred to in article 50 , paragraph 1;
(letter as amended by Article 2 of Legislative Decree No. 156 of 2006)
b) the artist’s studies, referred to in Article 51 ;
c) the public areas referred to in Article 52 ;
d) works of painting, sculpture, graphics and any art object of living author or whose execution does not date back more than seventy years, in terms of articles 64 and 65 ;
(letter as amended by Article 1, paragraph 175, letter b), law no. 124 of 2017)
e) the works of contemporary architecture of particular artistic value, in terms of Article 37 ;
f) photographs, with relative negatives and matrices, the exemplars of cinematographic, audiovisual or sequences of moving images, the documentations of manifestations, sound or verbal, however realized, whose production dates back over twenty five years, in terms of ‘ Article 65, paragraph 3, letter c) ;
g) means of transport more than seventy-five years, in accordance with articles 65 , paragraph 3, letter c), and article 67, paragraph 2 ;
h) assets and instruments of interest for the history of science and technology of more than fifty years, in terms of Article 65, paragraph 3, letter c) ;
i) the vestiges identified by the current legislation on the protection of the historical patrimony of the First World War, referred to in article 50 , paragraph 2.
1-bis. For the matters referred to in paragraph 1, the applicability of the provisions referred to in Articles 12 and 13 remains valid, if the conditions and conditions established by Article 10 are met.
(Paragraph introduced by Article 2 of Legislative Decree no. No. 62 of 2008)
Art. 12. Verification of cultural interest
1. The things indicated in article 10, paragraph 1 , which are the work of an author no longer living and whose execution dates back to over seventy years, are subject to the provisions of this Part until the verification referred to in paragraph 2. (paragraph thus replaced by Article 4, paragraph 16, Law No. 106 of 2011, then amended by Article 1, paragraph 175, letter c), Law no. 124 of 2017)
2. The competent organs of the Ministry, ex officio or at the request formulated by the subjects to whom belong and accompanied by the relative cognitive data, verify the existence of artistic, historical, archaeological or ethno-anthropological interest in the matters referred to in paragraph 1, on base of general addresses established by the Ministry itself in order to ensure uniformity of assessment.
3. For the real estate of the State, the request referred to in paragraph 2 shall be accompanied by lists of assets and the related descriptions. The criteria for the preparation of the lists, the procedures for drawing up the descriptive cards and the transmission of lists and forms are established by decree of the Ministry adopted in agreement with the State Property Agency and, for real estate used by the defense administration , also with the concert of the competent general management of the works and of the public domain. The Ministry establishes, with its own decrees, the criteria and procedures for the preparation and presentation of verification requests, and the related fact-finding documentation, by the other parties referred to in paragraph 1.
4. If the interest referred to in paragraph 2 has not been found in the items subject to verification, the same things are excluded from the application of the provisions of this Title.
5. In case of verification with negative result on things belonging to the state property, the regions and other local public bodies, the card containing the relevant data is transmitted to the competent offices so that they can be de-federation if, according to the assessments of the administration interested, there are no other reasons of public interest.
6. The things referred to in paragraph 4 and those referred to in paragraph 5 for which the de-standardization has been carried out are freely transferable, for the purposes of this code.
(paragraph as amended by Article 2 of Legislative Decree No. 156 of 2006)
7. The assessment of the artistic, historical, archaeological or ethno-anthropological interest, carried out in accordance with the general guidelines referred to in paragraph 2, constitutes a declaration pursuant to Article 13 and the relevant provision is transcribed in accordance with Article 15, comma 2. The assets remain permanently subject to the provisions of this Title.
8. The descriptions of the buildings owned by the State subject to verification with positive results, integrated with the provision referred to in paragraph 7, flow into an IT archive , kept at the Ministry and accessible to the Ministry and the State Property Agency, purposes of monitoring real estate assets and planning interventions according to their respective institutional competences.
(paragraph as amended by Article 2 of Legislative Decree No. 62 of 2008)
9. The provisions of this article apply to the matters referred to in paragraph 1 even if the subjects to which they belong mutate in any way their legal nature.
10. The verification process ends within one hundred and twenty days of receipt of the request.
(paragraph thus replaced by Article 2 of Legislative Decree No. 156 of 2006)
Art. 13. Declaration of cultural interest
1. The declaration ascertains the existence, in the object which is the object thereof, of the interest required by Article 10, paragraph 3 .
2. The declaration is not required for the goods referred to in article 10, paragraph 2 . These assets remain protected even if the subjects to which they belong change their legal nature in any way.
Art. 14. Procedure for declaration
1. The superintendent initiates the procedure for the declaration of cultural interest, even on the motivated request of the region and of any other interested territorial entity, giving notice to the owner, owner or holder for any reason whatsoever.
2. The communication contains the elements of identification and assessment of the thing resulting from the first investigations, the indication of the effects provided for in paragraph 4, as well as the indication of the term, in any case not less than thirty days, for the presentation of any observations.
3. If the proceedings concern real estate complexes, the communication is also sent to the municipality and to the metropolitan city.
(paragraph as amended by Article 2 of Legislative Decree No. 156 of 2006)
4. The communication involves the application, as a precautionary measure, of the provisions of Chapter II, Section I of Chapter III and Section I of Chapter IV of this Title.
5. The effects indicated in paragraph 4 cease at the end of the term of the declaration procedure, which the Ministry establishes in accordance with the current legal provisions on the administrative procedure.
(paragraph as amended by Article 2 of Legislative Decree No. 62 of 2008)
6. The declaration of cultural interest is adopted by the Ministry. For the matters referred to in Article 10, paragraph 3, letter d-bis), the declaration is adopted by the competent central body of the Ministry.
(paragraph as amended by article 1, paragraph 175, letter d), law n. 124 of 2017)
Art. 15. Notification of the declaration
1. The declaration provided for in article 13 shall be notified to the owner, holder or holder in any capacity of the object which is the object thereof, by means of a municipal messenger or by registered post with acknowledgment of receipt.
2. In the case of things subject to property or movable advertising, the provision of declaration is transcribed, at the request of the superintendent, in the relative registers and is effective with respect to any subsequent owner, owner or holder for any reason.
2-bis. Of the declared assets, the Ministry forms and keeps a special list, also on an IT support.
(paragraph introduced by Article 2 of Legislative Decree No. 62 of 2008)
