Probleme privind protejarea patrimoniului cultural imobil în legislația de specialitate și documentațiile de urbanism

Abstract

Built cultural heritage protection is ensured by two types of legal tools: legislation that rules the field of historic monuments and urban planning laws and regulations. However, in practice, the efficiency of these instruments is sometimes questionable. At a closer look, the cultural heritage and urban planning policies contain contradictions and discontinuities caused by legislation gaps and overlaps. The lack of accuracy distorts the sense of legal stipulations, leading to serious heritage preservation issues. In order to guarantee the protection of historic monuments and their buffer zones, as well as the preservation of other protected areas and the valorization of their assets, the legislation on urban planning and cultural heritage preservation establishes that urban planning documents should contain relevant information and specific regulations. In practice, one can notice that this fundamental principle is sometimes treated in an unsatisfying manner. The improper interpretation of the legislation and official documents represents a real menace to the cultural identity of our environment and could cause severe damages to our common inheritance.