Authorisation for the posting of cultural goods

The Cultural Heritage and Landscape Code (Legislative Decree No. 42 of 22 January 2004, Art. 50 paragraph 1) states that the authorisation of the Superintendent is required for the detachment of frescoes, coats of arms, graffiti, gravestones, inscriptions, tabernacles and other decorative elements of buildings, whether or not exposed to public view, as listed in Art. 11 paragraph 1 letter a) even if not expressly declared to be of cultural interest. By extension, their demolition and damage are prohibited.

Again, Article 50, paragraph 2 of Legislative Decree 42/2004 establishes that the authorisation of the Superintendent is required for the removal of coats of arms, graffiti, gravestones, inscriptions, tabernacles as well as the removal of memorial stones and monuments, constituting relics of the First World War, as listed in Article 11, paragraph 1, letter i) pursuant to Law 78 of 7 March 2001 Protection of the Historical Heritage of the First World War.

In the assessment, aspects concerning the value of the artefact, its state of preservation, the context conditions and the compatibility of the new location are considered in order to ensure that it is not lost and that its preservation, enjoyment and epigraphic, ornamental, ethnographic, historical and territorial significance are not prejudiced. The granting of authorisation may therefore include prescriptions as to how the work is to be carried out to better protect the property.

Failure to comply with the obligation to obtain the authorisation envisaged in Article 50 of Legislative Decree 42/2004 entails the application of the penal sanctions envisaged in Article 169 letter 1, paragraph b) of the same Code.

If the thing has suffered damage due to removal, the administrative sanctions envisaged in Article 160 of Legislative Decree 42/2004 shall also be applied.

For the removal of things constituting relics of the First World War, please refer to the provisions of Article 10 of Law 78/2001.

Natural persons, private or public legal persons

In order to apply for authorisation, it is necessary to fill in the single form provided for the two different types of things.

The completed form must be sent to the UMSt Superintendence for Cultural Assets and Activities at
pec: umst.soprintendenza@pec.provincia.tn.it

The application 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

• photographic documentation of the decorative element
• graphic and/or photographic documentation identifying the current location of the decorative element;
• technical report and/or intervention project (countersigned by the applicant);
• cadastral map extract;
• opinion of the diocesan Office of Sacred Art for the protection of ecclesiastical cultural assets (only for cultural assets of religious interest owned by ecclesiastical bodies subject to diocesan authority)
• 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)

None