|
The text is established on the basis of the following
acts:
-The Law on the Rehabilitation of Dubrovnik's Endangered Architectural Heritage ("Narodne novine", No. 21/86),
-The Law on the Amendments and Supplements to the Law on the Rehabilitation of Dubrovnik's Endangered Architectural Heritage ("Narodne novine", No. 33/89)
-The Law on the Amendments and Supplements to the Law on the Rehabilitation of Dubrovnik's Endangered Architectural Heritage ("Narodne novine", No. 128/99)
and is to be used solely for internal purposes
I BASIC PROVISIONS
Article 1
In order to ensure special conditions for the lasting
preservation and rehabilitation of the historical and
cultural goods of the Old City of Dubrovnik and to eliminate
harmful factors endangering its values as well as to
eliminate consequences of the earthquakes and to provide
protection against earthquakes, the Old City of Dubrovnik,
with all its historic parts, is hereby proclaimed to
be, as a historical and cultural good, an endangered
architectural heritage.
The area of the endangered architectural heritage referred
to in section 1 of this Article covers the Old City
of Dubrovnik and its historic parts, notably: Danče,
Gradac Park, and the area bounded by the streets Ulica
od Gradca up to the former Pediatric Hospital, Ulica
Dr. Ante Starčevića, Ulica Miha Klaića, Bogišićeva ulica,
Zagrebačka ulica, Trogirska ulica, Kamenarska ulica,
Ulica Gornji Kono, Put od Križa, Jadranska turistička
cesta, Ulica Vicka Lovrina and Put Frana Supila (hereinafter:
the endangered architectural heritage).
When this Law regulates the questions related to the
rehabilitation of the architectural heritage, it comprises
as well the rehabilitation of summer residences and
other immovable cultural goods on the area of the ninth
seismic zone (Rijeka Dubrovačka, Župa Dubrovačka, Konavle,
Elafiti and Dubrovačko primorje), included in the rehabilitation
programmes for the endangered architectural heritage
of Dubrovnik.
Article 2
For the purposes of this Law, the rehabilitation shall
be understood to mean the repair, preservation and revitalisation
of the buildings and spaces within the area of architectural
heritage, and it will be carried out in keeping with
this Law and the Law on the Protection and Preservation
of Cultural Goods ("Narodne novine, No. 69/99).
Article 3
The rehabilitation of the architectural heritage shall
ensure the preservation of its original urban, architectural,
monumental, artistic and aesthetic features and in line
with this the structural and appropriate repair of individual
buildings for lasting use and their adaptation for new
uses required by modern housing and business, catering,
tourist, cultural and other activities.
Article 4
The architectural heritage and its rehabilitation is
of interest of the Republic of Croatia and is under
its special protection.
Article 5
/Canceled/
II PROGRAMMES AND PLANS FOR
THE REHABILITATION OF ARCHITECTURAL HERITAGE
Article 6
The rehabilitation of the architectural heritage shall
be carried out in terms of the programmes of the rehabilitation
of the architectural heritage and in conformity with
the town plans.
The architectural heritage rehabilitation programmes
shall be adopted as medium-term and annual programmes.
The medium-term architectural heritage rehabilitation
programme shall be adopted for a period of five years.
Article 7
The annual architectural heritage rehabilitation programme,
based on the appraisal of possibilities of realisation
of goals and tasks determined in the medium-term programme,
shell specify measures and activities to be undertaken
for the realisation of rehabilitation of the architectural
heritage during the year and funds required for their
implementation.
The financial plan for funds for the rehabilitation
of the architectural heritage shall form a constituent
part of the annual plan.
The annual plan shall determine the obligation to respect
the conservation instructions in line with the provisions
of the Law on the Protection and Preservation of Cultural
Goods.
Article 8
Programmes of the rehabilitation of the architectural
heritage shall be adopted by the Administrative Council
of the Institute after it has received consent from
the Government of the Republic of Croatia, Government
of the City of Dubrovnik and Government of the Dubrovnik-Neretva
County.
The town plan referred to in Article 6, section 1, is
adopted by the City of Dubrovnik after it has received
consent from the Ministry of Zoning, Construction and
Housing, Ministry of Culture and Ministry of Development,
Immigration and Reconstruction.
Article 9
The medium-term architectural heritage rehabilitation
programmes shall in particular contain:
A survey (number, size, present use, cultural and historical
evaluation, planned use) of the buildings forming part
of the architectural heritage; A review and assessment
of the state of individual parts or buildings forming
part of the architectural heritage; Proposals for the
repair, preservation, construction and change of use
of buildings forming part of the architectural heritage;
A review of the necessary funds for the implementation
of the architectural heritage rehabilitation programme;
A review of the organisation and rate of implementation
of the architectural heritage municipal infrastructure;
The degree of antiseismic protection envisaged and planned
order of priorities in the rehabilitation of individual
buildings; A plan of monitoring seismic activity in
the area of the City of Dubrovnik; A review of adaptation
of the architectural heritage rehabilitation to chapter
II of the Law on the construction and to the measures
for the protection and preservation of cultural goods
determined in line with the Law on the protection and
preservation of cultural goods.
A report on work carried out and on
funds spent in the period from the 1979 earthquake to
the adoption of the medium-term programme shall form
a constituent part of the first medium-term rehabilitation
programme following the adoption of this Law.
Article 10
/Canceled/
III. THE INSTITUTE FOR THE RESTORATION
OF DUBROVNIK
Article 11
Technical and other operations in connection with the
organisation and implementation of the Dubrovnik's architectural
heritage rehabilitation programmes and of other individual
structures referred to in Article 1, section 3, of this
Law shall be carried out by the Institute for the Restoration
of Dubrovnik (hereinafter: the Institute).
The Institute is founded with assets formed of real
estates on which the Institute for the Restoration of
Dubrovnik as administrative organisation with the status
of a legal person had rights of management, use or disposal
on the day of entry into force of the Law on property
and other real rights ("Narodne novine", No.
91/96), and with other assets (real estates, movable,
financial assets and rights) that on the day of entry
into force of this Law form the assets of the Institute
for the Restoration of Dubrovnik.
The founders of the Institute are the Republic of Croatia
with 60%, the City of Dubrovnik with 20% and the Dubrovnik-Neretva
County with 20% share. Mutual relations between founders
and relations between founders and the Institute shall
be regulated by special agreements.
The foundation rights shall be performed by the Government
of the Republic of Croatia for the Republic of Croatia,
the Dubrovnik City Government for the City of Dubrovnik
and the Government of the Dubrovnik-Neretva County for
the Dubrovnik-Neretva County.
Article 12
The Institute is a public institution. The regulations
on institutions shall apply to the Institute, unless
otherwise specified by this Law.
The seat of the Institute is in Dubrovnik, Cvijete Zuzorić
6.
The Institute perform its operation as public service.
In performing its activity, the Institute shall have
public powers regulated by this Law, and shall carry
out its powers in conformity with the provisions of
this Law, of the Law on the Protection and Preservation
of Cultural Goods ("Narodne novine", No. 69/99)
and of the Law on the Construction ("Narodne novine",
No. 52/99).
The Institute shall have its Statute which shall regulate
matters determined by this Law and by the Law on the
Institutions. The Statute of the Institute shall be
adopted by the Administrative Council after consent
of the founders of the Institute.
Article 13
The Institute shall carry out notably technical work
concerning the organisation of preliminary research
and preparatory operations and of the rehabilitation
of the architectural heritage, the drafting of investment
programmes, operations in connection with the allocation
of rehabilitation work, technical supervision of the
performance of work in line with rehabilitation programme,
monitoring the implementation of investment programmes
regarding the expenditure of funds, rate and deadlines
for the performance of work, co-ordination of the work
of those concerned in the rehabilitation of the architectural
heritage, and other operations as specified by this
Law.
Article 14
The Institute shall not operate with the objective of
making profit. If the Institute makes a profit in performing
its activity, the profit shall be used exclusively for
the operation and development of activity of the Institute,
in conformity with the Statute of the Institute.
The Institute shall be responsible for its duties with
all its assets as security.
The founders of the Institute shall be responsible for
the duties of the Institute jointly and severally. Their
responsibility shall be limited to the percentage of
their foundation shares.
The losses of the Institute shall be covered from the
assets of the Institute, and the founders shall be able
to decide to cover the losses to the percentage of their
foundation shares.
The Institute shall not be able to acquire or expropriate
real estate, nor to contract legal business over 2 000
000.oo kuna without the consent of the founders.
Article 14a
The Institute shall be managed by the Administrative
Council of the Institute.
The Administrative Council shall consist of a chairman
and four members.
The chairman and two members of the Administrative Council
shall be appointed and suspended by the Government of
the Republic of Croatia, and one member each by the
Government of the Dubrovnik-Neretva County and the Dubrovnik
City Government.
Article 14b
The Administrative Council of the Institute shall adopt
programmes for the rehabilitation of the architectural
heritage, including financial plans, supervise their
implementation, adopt yearly statements, decide on the
disposal of assets and other legal affairs when their
value exceed the amount of 2 000 000.oo kuna, and perform
other works as specified by this Law and the Statute
of the Institute.
The Administrative Council shall take binding decisions
by the majority vote of its members.
Article 14c
The director of the Institute shall be appointed and
suspended by the Government of the Republic of Croatia,
after ascertaining views of the Dubrovnik City Government
and the Government of the Dubrovnik-Neretva County.
The director shall be appointed for a period of 4 (four)
years, with possibility of reappointment.
Any person having university degree and satisfying other
conditions regulated by the Statute shall be eligible
for the function of the director of the Institute.
Article 14d
The director of the Institute as the head of the institution
shall perform tasks determined by the Law on the Institutions
("Narodne novine", No. 76/93) and other tasks
regulated by this Law and the Statute of the Institute,
in conformity with the law.
Article 14e
Owing to the specific and complex character of work
on the rehabilitation of the architectural heritage
and for solving technical problems, the Institute shall
have an Expert-Advisory Commission for the Rehabilitation
of Dubrovnik.
The Administrative Council shall appoint experts on
protection of the architectural heritage to the Expert-Advisory
Commission, and the Ministry of Culture, the Ministry
of Zoning, Construction and Housing, the Ministry of
Development, Immigration and Reconstruction, the City
of Dubrovnik, the Croatian Chamber of Architects and
Engineers in construction and the Croatian Association
of Conservators shall each appoint one representative
to the Commission.
Article 14f
The Statute of the Institute may determine other technical
councils, technical boards of the Institute or other
supervision and advisory bodies, their formation, mandate
and tasks, technical managers for specific works from
the province of work of the Institute and conditions
to be fulfilled for those positions.
The Administrative Council of the Institute, at the
proposal of the director, decides on the establishment
of technical councils, technical boards of the Institute
or other supervision and advisory bodies. The director
decides on the appointment and suspension of technical
managers.
IV RIGHTS
AND DUTIES OF THE OWNERS AND OTHER HOLDERS OF BUILDINGS
AND OF THE INSTITUTE IN THE REHABILITATION OF THE ARCHITECTURAL
HERITAGE
Article 15
Provisions of this Law shall apply to the rights and
duties of the owner, party entitled and other holder
of the building forming part of the architectural heritage.
For the matters which are not regulated by this Law,
provisions of the Law on the Protection and Preservation
of Cultural Goods and other regulations shall apply.
Article 16
The owner of the building forming part of the architectural
heritage has right to the rehabilitation of the building
and is bound to restore the building in conformity with
this Law when the rehabilitation of the building is
envisaged by the annual rehabilitation programme.
The Institute is bound to notify the owners of the buildings
envisaged for rehabilitation by annual and medium-term
programmes on the duty, deadlines and conditions of
rehabilitation.
Notice referred to in previous section is obligatory
given through media, notice board of the Institute,
and by posting on building a call to the owner to examine
the rehabilitation plan.
For absent owners without known address and for unknown
owners, competent body from the Law on the Protection
and Preservation of Cultural Goods, at the proposal
of the Institute, shall appoint a temporary trustee.
If the owner has not begun work on the rehabilitation
of the building, the Institute acquires the right to
secure the obtaining of the building permit and to carry
out rehabilitation work. The Institute shall have the
right to the reimbursement of funds invested for the
rehabilitation to the value of works which, pursuant
to this Law, are the obligation of the owner.
It shall be deemed that the owner has not begun work
on the rehabilitation of the building if he fails within
three months from the day of the beginning of works
as determined by the programme to notify the Institute
on the beginning of works and to submit an application
for the building permit, and if he fails within six
months to begin works or if he has interrupted works
previously undertaken.
Article 17
The rehabilitation programme of the architectural heritage
can determine:
1. the obligation to adapt the building to the main
requirements regulated by provisions of Chapter II of
the Law on the Construction ("Narodne novine",
No. 52/99), notably:
obligation to repair the building with
seismic reinforcement only; obligation to repair the
building with seismic reinforcement and other necessary
works on the building; obligation to repair the building
with works on the building, without seismic reinforcement;
2. the obligation to repair municipal
infrastructure forming part of the architectural heritage.
Article 18
Where the annual rehabilitation programme provides for
the obligation to reinforce the building only, the costs
of the seismic reinforcement shall be financed by the
Institute from the funds for the rehabilitation.
If works on the seismic reinforcements of the building
require other necessary works in line with special conditions
for construction, the costs of the works in question
shall be financed by the Institute from the funds for
the rehabilitation.
If the owner of the building for which only seismic
reinforcement is envisaged considers that it is necessary
to carry out other works referred to in section 2 of
this Article and the Institute reject such requirement,
the owner can file an appeal to the Ministry of Zoning,
Construction and Housing.
The owner of the building is the investor of works referred
to in sections 1 and 2 of this Article. The owner of
the building and the Institute shall conclude a contract,
in line with annual rehabilitation programme, in which
the owner shall assume the obligation to repair the
building, and the Institute shall assume the obligation
to finance the repair of the building to the amount
planned in the rehabilitation programme. The contract
in question shall also regulate other mutual rights
and duties concerning the rehabilitation of the building.
Article 19
Where the annual architectural heritage rehabilitation
programme provides for the obligation to repair the
building without seismic reinforcement (Article 18.1,
sub-section 3), the owner shall be bound to carry out
works at his expense.
In cases as referred to in section 1 of this Article
the Institute shall be bound to grant loan to the owner
of the building at his demand from the funds for the
rehabilitation. The amount, mode and conditions of the
granting shall be determined by a prescribed general
act adopted by the Administrative Council of the Institute.
The Institute can by decision bring the owner to carry
out works referred to in section 1 of this Article.
The owner shall have right to file an appeal against
the decision in question to the Ministry of Zoning,
Construction and Housing.
Where the owner of the building referred to in section
1 of this Article has right referred to in Article 15
of the Law on Social Welfare ("Narodne novine",
No. 73/97) alone or together with other members of his
family, the Institute shall cover the costs of rehabilitation
from the rehabilitation funds.
Article 20
Where the annual architectural heritage rehabilitation
programme provides for the obligation to repair municipal
infrastructure in the area of the architectural heritage,
the Institute shall appear as investor and bear the
costs of the repair works.
Article 21
The Institute shall have right to register a mortgage
to the amount of funds invested by the Institute in
the rehabilitation of the building for a period of 20
years to ensure the reimbursement of the costs if the
owner of the building transfers the building to other
persons which are not members of his family household.
The Institute shall have right to register a mortgage
in land register to the amount of funds invested by
the Institute in the rehabilitation of the building
to ensure the reimbursement of the costs if the owner
has refused to repair the building at his expense.
Article 22
Where the architectural heritage rehabilitation programme
provides for the obligation to repair a building, it
shall be deemed that the execution of rehabilitation
works is in the interest of the Republic of Croatia.
Where the architectural heritage rehabilitation programme
provides for the obligation to repair a building, the
owner, the Institute and the contractor of works on
rehabilitation shall acquire right of servitude for
access, transport of people and cargoes, posting devices
and instruments in function of the construction, installation
and reconstruction of lines and instruments (electricity,
sewage, gas, water supply, heating, telecommunications
and other) on the land belonging to neighbouring buildings
or other lands and buildings if the servitude in question
is necessary to carry out works and to bring the building
repaired to function.
The provision of section 2 of this Article shall adequately
apply where the architectural heritage rehabilitation
programme provides for the obligation to repair municipal
infrastructure in the area of the architectural heritage.
Article 23
When the use of a residential building or dwelling is
rendered temporarily impossible because of rehabilitation
work, the tenants shall be temporarily allocated another
dwelling in Dubrovnik, if their housing problem cannot
be solved otherwise.
For temporary dwelling referred to in section 1 of this
Article, the owner and the members of his household
cannot pay a rent higher than the rent that they were
paying for the residential building or dwelling referred
to in section 1 of this Article.
Article 24
When a business building or business premises in the
building cannot be temporarily used, because it is being
done on it, the legal or physical person carrying on
in these facilities a professional activity shall be
ensured temporary use of other appropriate business
premises, if it is not possible otherwise to ensure
that such activities can be carried on.
Article 25
In order to ensure technical conditions for the rehabilitation
of structures forming part of the architectural heritage,
those in possession of technical documentation, studies,
basic particulars and other scientific or technical
documents relating to the buildings forming part of
the architectural heritage are bound temporarily to
hand them over to the Institute or in some other way
to enable it to use them for the purpose of drafting
town plans and programmes for the rehabilitation of
the architectural heritage and for drafting the necessary
technical and other documentation for the rehabilitation
of the architectural heritage.
The owners shall not be entitled to compensation for
the temporary use of the documentation referred to in
section 1 of this Article.
Article 26
Preliminary and preparatory work on the rehabilitation
of the architectural heritage shall, in addition to
preliminary and preparatory work according to other
regulations, include in particular:
Preliminary archival, archaeological
and conservation research; Preventive protection of
finds; Documentation regarding the existing state of
the buildings; Conservation instructions and guidelines
for rehabilitation; Research into the structural system
of the buildings, including foundations and foundation
soil; Drafting of technical documentation for the rehabilitation;
Drafting of repair programmes; Ensuring replacement
space.
Article 27
Legal and physical persons performing technical work
in connection with town planning and project making
for the rehabilitation of the architectural heritage
are required to ensure the participation of competent
body referred to in Article 8 of the Law on the Protection
and Preservation of Cultural Goods.
Article 28
If in the reconstruction of the building forming part
of the architectural heritage it is not possible to
ensure some of the main requirements for buildings,
the building shall be reconstructed in keeping with
Article 13 of the Law on the Construction ("Narodne
novine", No. 52/99).
Article 29
If it is not possible to save individual buildings or
to conduct activities in the area of the architectural
heritage in accordance with the programmes and plans
referred to in Article 6 sections 2 and 3 of this Law,
they shall be built or the conduct of activities ensured
in the area determined by the City of Dubrovnik, in
conformity with town plan of the area in question.
Article 30
If a building cannot be reinforced to the necessary
degree against seismic shock without its essential structural,
archaeological, artistic, aesthetic and other form-related
features being altered, it shall be consolidated to
the degree of security against seismic shock which will
not alter these features.
Article 31
/Canceled/
V REHABILITATION OF THE STRUCTURES
FORMING PART OF THE ARCHITECTURAL HERITAGE
Article 32
/Canceled/
Article 33
/Canceled/
Article 34
/Canceled/
Article 35
/Canceled/
Article 36
/Canceled/
Article 37
/Canceled/
Article 38
/Canceled/
Article 39
/Canceled/
Article 40
/Canceled/
Article 41
/Canceled/
Article 42
/Canceled/
VI FUNDS FOR THE REHABILITATION
OF THE ARCHITECTURAL HERITAGE
Article 43
The Republic of Croatia, the City of Dubrovnik and the
Dubrovnik-Neretva County shall ensure in their annual
budgets, in the ratio of the percentage of their foundation
shares and in conformity with the annual programmes
of the rehabilitation of the architectural heritage,
funds for the operation of the Institute and for the
costs of:
Geological, geomechanical, structural and other investigations
preceding the repair of buildings and spaces forming
part of the architectural heritage;
Seismic reinforcement of the buildings
forming part of the architectural heritage; Construction
and repair of the municipal infrastructure of the architectural
heritage; Drafting of studies, programmes, projects,
technical and other documentation in the preparation
phase.
The funds referred to in section 1
of this Article shall be ordered to the account of the
Institute.
Article 44
In addition to funds referred to in Article 43 of this
Law, funds for the implementation of the programme of
the rehabilitation of the architectural heritage shall
be secured from the following sources:
1. Funds of the owners or users of buildings in the
area of the architectural heritage;
2. Organised tours of the architectural heritage and
the visitors' tax;
3. Endowments, legacies and foundations established
in Croatia and abroad for the preservation and rehabilitation
of the Old City of Dubrovnik, sponsorships, donations
and other supports;
4. Funds of the local self-government units of the area
of the 9th seismic zone of the Dubrovnik-Neretva County;
5. Other funds as determined by this Law or other regulations.
Article 45
/Canceled/
Article 46
/Canceled/
Article 47
/Canceled/
Article 48
/Canceled/
Article 49
/Canceled/
Article 50
/Canceled/
Article 51
/Canceled/
Article 52
/Canceled/
Article 53
/Canceled/
Article 54
/Canceled/
Article 55
/Canceled/
Article 56
/Canceled/
Article 57
/Canceled/
Article 58
/Canceled/
Article 59
/Canceled/
VII SUPERVISION
Article 60
Administrative and control supervision in the implementation
of this Law, including the supervision of the operation
and acts of the Institute, shall be carried out by the
Ministry of Zoning, Construction and Housing.
The Ministry of Culture and the Ministry of Zoning,
Construction and Housing shall also supervise technical
operation of the Institute, each in the framework of
its domain.
In the cases of conflict of competence between ministries
referred to in sections 1 and 2 of this Article, such
conflict shall be solved by the Government of the Republic
of Croatia.
Article 61
/Canceled/
Article 62
/Canceled/
Article 63
/Canceled/
Article 64
Canceled/
VIII PUNITIVE PROVISIONS
Article 65
/Canceled/
Article 66
/Canceled/
IX TRANSITORY AND FINAL PROVISIONS
Article 67
On the day of the coming into force of this Law, the
director of the administrative organisation Institute
for the Restoration of Dubrovnik shall become temporary
director of the Public institution Institute for the
Restoration of Dubrovnik, authorised to carry out preparation
work for the beginning of operation of the public institution
under the supervision of the founders, and notably to
submit the application for its inscription in the court
register.
The public institution Institute for the Restoration
of Dubrovnik shall begin to operate on the day of its
inscription in the court register, and on the same day
the Institute for the Restoration of Dubrovnik, founded
by the Law on the Rehabilitation of Dubrovnik's Endangered
Architectural Heritage ("Narodne novine",
Nos 21/86, 33/89, 26/93) as an administrative organisation
with a status of a legal person shall cease to operate.
The public institution Institute for the Restoration
of Dubrovnik as a legal successor of the administrative
organisation Institute for the Restoration of Dubrovnik
shall take over rights and duties, assets and employees
of the latter on the day of its inscription in the court
register.
Article 68
The Administrative Council of the Institute shall adopt
the Statute of the Institute within 30 days of the day
of entering into force of this Law.
The Administrative Council of the Institute and the
director of the Institute shall adopt the acts that
they adopt in conformity with this Law, the Law on the
Institutions and provisions of other laws within 30
days from the day of entering into force of the Statute
of the Institute.
Article 69
The Institute shall be bound to request the establishment
of ownership and the inscription of its property in
the land register for all the buildings and other real
properties acquired with funds for the rehabilitation
of the architectural heritage of Dubrovnik.
Article 70
Provisions of the Statute of the Institute for the Restoration
of Dubrovnik, established as administrative organisation
with a status of a legal person, and provisions of its
other general acts, if they are not contrary to this
Law and to the Law on the Institutions, shall apply
until the adoption of the Statute and general acts of
the Institute for the Restoration of Dubrovnik as public
institution.
Article 71
/Canceled/
Article 72
The Committee for the Legislation of the House of Representatives
of the Croatian National Parliament is authorised to
prepare revised text of the Law on the Rehabilitation
of Dubrovnik's Endangered Architectural Heritage.
Article 73
This Law shall come into force on the eighth day after
its publication in "Narodne novine".
“Narodne novine”, no 128/99,
from 30th November 1999
Note: Articles 5,
10, 31-42, 45-59, 61-64, 65, 66 and 71 are cancelled
on the basis of modifications referred to in the acts
mentioned in the introduction.
|