Authorisation for advertising on cultural property and scaffolding

The Cultural Heritage and Landscape Code (Legislative Decree No. 42 of 22 January 2004, Art. 49) states that for advertising on buildings and areas protected as cultural heritage or in proximity to them, the authorisation of the Superintendent is required, in particular

• the authorisation (Art. 49(1)) for the posting of signs or other means of advertising on buildings and areas protected as cultural heritage;
• the authorisation (Art. 49, para. 3) for the use for advertising purposes of scaffolding covers set up for the execution of building works on cultural heritage;
• the favourable opinion for the placement of advertising media along roads within and near cultural assets (Art. 49, para. 2).

The assessment considers aspects related to the value of the property, its state of conservation and contextual conditions, and therefore the compatibility of the placement, type and size of the advertising media so that the installations do not damage the appearance, decorum and public enjoyment of the property.

Pursuant to Article 162 of the Cultural Heritage and Landscape Code, anyone who places signs or other advertising media in breach of the provisions of Article 49 shall be punished with the sanctions laid down in Article 23 of Legislative Decree 285 of 30 April 1992, New Highway Code and subsequent amendments and additions.

Natural persons, private or public legal persons

To apply for authorisation it is necessary to fill in the form prepared by the administration for the different types of installation or location and send it to the UMSt Soprintendenza per i beni e le attività culturali at the following e-mail address: umst.soprintendenza@pec.provincia.tn.it complete with the required attachments.

The request may also be hand-delivered to the headquarters of the UMSt Soprintendenza per i beni e le attività culturali, to the various public information and assistance desks decentralised throughout the territory, or forwarded by fax or by postal service.

For anything not directly provided for, reference is made to the provisions of Provincial Council Resolution no. 2051 of 14 December 2020 (Directives concerning telematic communications between the provincial administration and its public and private interlocutors).

The application must be accompanied by

• colour photographs illustrating the location of the advertising medium in its surroundings;
• copy of updated cadastral map extract, oriented, indicating the numbers of the parcels concerned
• scale plans showing the exact position where the advertising medium is to be placed;
• plans and/or sketch of the advertising medium with indication of the relative measurements (display surface, colour, material, light source if applicable, frame, pole height, thickness, etc.);
• contract (only in the case of the authorisation pursuant to Art. 49, par. 3);
• information notice pursuant to Articles 13 and 14 of EU Regulation no. 679 of 2016;
• photocopy of an identity document of the applicant (if the application is signed with a handwritten signature and not in the presence of the employee in charge).

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