Text consolidated by Valsts valodas centrs (State
Language Centre) with amending laws of:
1 June 1993 [shall come
into force on 24 June 1993];
2 December 1993 [shall come into force on 8 December
1993];
9 February 1995 [shall come into force on 11 March
1995];
15 November 2001 [shall come into force on 18 December
2001];
6 November 2003 [shall come into force on 5 December
2003];
28 April 2005 [shall come into force on 25 May
2005];
23 October 2008 [shall come into force on 1 January
2009];
12 November 2009 [shall come into force on 15 December
2009];
28 October 2010 [shall come into force on 1 December
2010];
20 December 2012 [shall come into force on 23 January
2013];
17 December 2015 [shall come into force on 19 January
2016];
7 April 2016 [shall come into force on 1 January
2017];
17 May 2018 [shall come into force on 13 June
2018];
20 September 2018 [shall come into force on 12 October
2018];
20 June 2019 [shall come into force on 16 July
2019];
31 March 2022 [shall come into force on 3 May 2022].
If a whole or part of a section has been amended, the
date of the amending law appears in square brackets at
the end of the section. If a whole section, paragraph or
clause has been deleted, the date of the deletion appears
in square brackets beside the deleted section, paragraph
or clause.
|
The Supreme Council of the Republic
of Latvia has adopted a law:1
On Protection of Cultural
Monuments
Protection of cultural monuments is a system of measures,
which ensures preservation of the cultural and historical
heritage and encompasses the registration, research, practical
preservation thereof, and use of cultural monuments and
popularisation thereof.
Chapter One
General Provisions
Section 1. Subject of This Law
Cultural monuments are a part of the cultural and historical
heritage - cultural and historical landscapes and individual
territories (ancient burial sites, cemeteries, parks, places of
historical events and the activities of famous persons), as well
as individual graves, groups of buildings and individual
buildings, works of art, facilities and articles with historical,
scientific, artistic or other cultural value and the preservation
of which for future generations is in conformity with the
interests of the State and people of Latvia, as well as
international interests.
Section 2. Types of Cultural
Monuments
The types of cultural monuments are as follows:
1. Immovable cultural monuments:
- individual objects - buildings, works of art, facilities and
articles, individual burial sites; and
- complex objects - archaeological sites, architectural
ensembles and complexes, historical town and other populated area
centres, streets, squares, blocks, cultural layer, cemeteries,
cultural and historical landscapes, memorial places, and
historical places and territories.
2. Movable cultural monuments:
- individual objects - archaeological finds, antiquities,
elements of immovable monuments, historical relics, works of art,
manuscripts, rare printed matter, cinema documents,
photo-documents and video-documents, phonograms; and
- complex objects - historically evolved complexes, holdings
and collections of separate objects which objects have an
indivisible cultural and historical value.
Objects which have survived in their initial state, as well as
separate parts and fragments thereof shall be recognised as
cultural monuments.
Antiquities are objects created as a result of intentional act
of a human being - artefacts (for example, jewellery, weapons,
tools, household objects, ceramic articles, coins in intact form
or as fragments) which have been found in the ground, above the
ground, or in water.
[20 December 2012]
Section 3. Prohibition to Destroy,
Move or Modify Cultural Monuments
It is prohibited to destroy, damage, or desecrate cultural
monuments. Immovable cultural monuments of State and regional
significance may be moved or modified only in an exceptional case
with the permission of the National Heritage Board, whereas
cultural monuments of local significance - with the permission of
the local government. Modification of a cultural monument or
replacement of the original parts thereof with new parts shall be
permitted only if it is the best way to preserve the monument or
if the cultural and historical value of the monument does not
decrease after the modification.
[31 March 2022 / The new wording of the Section shall come
into force on 1 January 2023. See Paragraph 9 of Transitional
Provisions]
Section 3.1 Actions with
Antiquities
It is prohibited to destroy, damage and, without the
permission of the National Heritage Board, to alienate, acquire,
store, move, or forward antiquities which belong to the State of
Latvia in accordance with the provisions of Section 7, Paragraph
four of this Law.
[31 March 2022]
Section 4. Prohibition to Export
Cultural Monuments and Import Illegally Acquired Cultural
Monuments
It is prohibited to export cultural monuments, including
antiquities, that belong to the State of Latvia in accordance
with the provisions of Section 7, Paragraph four of this Law from
the Republic of Latvia. Temporary export of cultural monuments,
including antiquities, that belong to the State of Latvia in
accordance with the provisions of Section 7, Paragraph four of
this Law shall be possible only with a permission of the National
Heritage Board in accordance with procedures stipulated by the
Cabinet.
A State fee shall be paid for the temporary export permit of
cultural monuments, including State-owned antiquities, from the
Republic of Latvia. The amount of the State fee, its payment
procedures, and also the reliefs for and exemptions from the
State fee shall be determined by the Cabinet.
It is prohibited to export illegally acquired cultural
monuments from the Republic of Latvia and to import them into the
Republic of Latvia.
[9 February 1995; 15 November 2001; 20 December 2012; 7
April 2016; 17 May 2018; 31 March 2022]
Section 5. State Administration in
Respect of Protection and Use of Cultural Monuments
State administration in respect of the protection and use of
cultural monuments shall be ensured by the Cabinet and shall be
implemented by the National Heritage Board.
Within the scope of the competence defined by the laws and
Cabinet regulations, the National Heritage Board shall issue
general administrative acts, i.e. instructions, regarding the use
and preservation of each individual cultural monument for
cultural monuments of State and regional significance, whereas
the local governments - for cultural monuments of local
significance. These administrative acts, i.e. instructions, shall
be binding on the owner (possessor) of the relevant cultural
monument. The instructions are published in the Register of State
Protected Cultural Monuments and shall be available free of
charge.
The Cabinet shall issue regulations regarding the
registration, protection, use and restoration of cultural
monuments.
[31 March 2022]
Establishment of a cultural heritage protection service of a
local government must be ensured in the administrative
territories of local governments where the number of cultural
monuments of local significance exceeds 300 objects.
[9 February 1995; 15 November 2001; 28 October 2010; 17 May
2018; 31 March 2022 / Amendment to Paragraph two regarding
the right of the National Heritage Board and the local government
to issue general administrative acts, i.e. instructions, within
the scope of their competence and regarding the notification and
publication of these administrative acts shall come into force on
1 January 2023. See Paragraph 9 of Transitional
Provisions]
Section 6. Regional Offices of the
National Heritage Board
In order to provide the supervision and control of cultural
monuments, the National Heritage Board shall establish regional
offices of the National Heritage Board whose inspectors shall be
directly subjected to the National Heritage Board and shall work
in accordance with the regulations.
[23 October 2008; 17 May 2018]
Chapter Two
Ownership Rights and Use of Cultural Monuments
Section 7. Ownership Rights to
Cultural Monuments
The State, local governments, public entities as well as
private individuals may own cultural monuments in the Republic of
Latvia.
An owner of a cultural monument has the obligation to
corroborate a restriction on the ownership rights to the cultural
monument in the Land Register. Such a notation may also be made
on the basis of a request of the National Heritage Board.
If an immovable property is a cultural monument, this shall be
a sufficient ground for making the relevant notation in the Land
Register. The notation shall be made within 10 days from receipt
of the submission from the National Heritage Board or
concurrently with registration of the ownership rights. Lists of
immovable cultural monuments shall be submitted to the Land
Registry offices by the relevant regional office of the National
Heritage Board.
Archaeological sites which have acquired the status of a State
protected or newly discovered cultural monument, and also
antiquities (dating back to the 17th century inclusive) found in
the ground, above the ground, or in water in the protection zones
thereof shall be under protection of and belong to the State and
they shall be kept by public museums. This provision shall not
apply to antiquities on which the person has reported to the
National Heritage Board until 30 March 2013, as well as to
antiquities the legal origin of which has been proved by the
person after 30 March 2013 and has received a written
certification from the National Heritage Board thereon.
[9 February 1995; 23 October 2008; 20 December 2012; 17 May
2018; 31 March 2022]
Section 8. Transactions with
Cultural Monuments
If an owner of a cultural monument of State significance
alienates the cultural monument, the State shall have the right
of first refusal. The decision on exercising the right of first
refusal by the State or refusal to exercise the right shall be
taken by the National Heritage Board. The procedures by which the
National Heritage Board shall take the relevant decision, as well
as the procedures and time periods for exercising the right of
first refusal in relation to cultural monuments of State
significance shall be determined by the Cabinet.
It is prohibited to alienate separate parts of one cultural
monument or a complex of monuments, and also to divide or join
land if, as a result, preservation of a cultural monument is
endangered.
A cultural monument of State and regional significance may be
alienated if the owner has notified the National Heritage Board
of such intention, but in the case of a cultural monument of
local significance - if the local government has been notified
thereof and if the future owner thereof has familiarised itself
with the instructions for the use and preservation of the
cultural monument.
It is prohibited to alienate, store, or forward illegally
acquired cultural monuments.
[9 February 1995; 23 October 2008; 28 October 2010; 17 May
2018; 31 March 2022]
Section 9. Procedures for Allotting
Land Parcels on which Cultural Monuments are Located
Land parcels on which cultural monuments are located shall be
allotted for use or shall be acquired in accordance with
procedures laid down in legislative acts regarding land only if
the potential user or owner has been acquainted with the
instructions for the use and preservation of the relevant
cultural monument.
[9 February 1995]
Section 10. Restriction of Economic
Activity in Cultural Monuments
Economic activity and any other type of activity in cultural
monuments (their territories, zones, museum reserves, national
parks, etc.) which may affect the preservation of cultural
monuments, access thereto, or visual perceptibility, as well as
the use of pictures and symbols of cultural monuments for
commercial purposes shall be permitted only with the consent of
the owner of the cultural monument.
[17 May 2018]
Section 11. Preservation of Cultural
Monuments
Natural persons and legal persons shall ensure that cultural
monuments in their ownership (possession) are preserved. The
possessors thereof shall ensure preservation of cultural
monuments owned by the State.
An owner (possessor) of a cultural monument shall have the
following obligations:
1) to comply with the laws and other regulatory enactments,
and also instructions of the National Heritage Board for the use
and preservation of cultural monuments;
2) to inform the National Heritage Board of any damage which
has occurred to a cultural monument of State and regional
significance in ownership (possession) and the local government -
of any damages endangering the preservation of a cultural
monument of local significance;
3) to inform the National Heritage Board, in due time, of
construction intentions and any economic activity which
transforms the cultural monument, its surrounding environment
within the borders of the protection zone, or which may affect
the preservation of the cultural monument, access to such
monument, or its visual perceptibility.
[9 February 1995; 17 May 2018; 31 March 2022]
Chapter Three
State Registration of Cultural Monuments
Section 12. Organisation of State
Registration of Cultural Monuments
Cultural objects of value which lay claim to inclusion in the
list of State protected cultural monuments shall be subject to
State registration irrespective of the fact who owns, possesses
or uses such objects of value. State registration of monuments
shall encompass assessment, inspection of monuments and
determination of the historical, scientific, artistic,
architectonic, archaeological, ethnographic, or other cultural
value thereof, the recording, research thereof, the geospatial
data on immovable cultural monuments, the preparation of
registration documents, and also the inclusion in the State
information system - the Register of State Protected Cultural
Monuments.
The State functions for the protection of cultural heritage
are implemented in the information system for the management of
cultural heritage "Heritage". The information system "Heritage"
is a State information system which includes the data necessary
for the protection process of cultural monuments the purpose of
which is to ensure the storage and circulation of these data, the
cooperation between public administration authorities and owners
(possessors) of cultural monuments, and also to promote public
involvement. The content of the Register of State Protected
Cultural Monuments shall be determined by the Cabinet. The
Register of State Protected Cultural Monuments is a part of the
information system "Heritage". The information system "Heritage"
shall be managed and maintained by the National Heritage
Board.
[31 March 2022]
Section 13. Right to Inspect Objects
which Have Cultural Value
The National Heritage Board has the right to inspect objects
that have cultural value in order to decide whether to enter such
objects in the national register.
[9 February 1995; 17 May 2018]
Section 14. State Protected Cultural
Monuments
Cultural monuments, in conformity with their historical,
scientific, artistic or other cultural value, are classified into
cultural monuments of State, regional and local significance, and
shall be included in accordance with the procedures stipulated by
the Cabinet as cultural monuments of State, regional or local
significance in the list of State protected cultural monuments.
The National Heritage Board shall inform the owner (possessor) of
an object in writing regarding a proposal to grant the status of
a protected cultural monument of State or regional significance
to the relevant object. The owner (possessor) of the object
shall, within 30 days after receipt of the notification, inform
the National Heritage Board in writing of his or her opinion.
Having evaluated the opinion of the owner (possessor) of the
object, the National Heritage Board shall submit to the Minister
for Culture a proposal for granting the status of a cultural
monument to the object and its inclusion in the list of State
protected cultural monuments.
The proposal for granting the status of a cultural monument of
local significance to the object and its inclusion in the list of
State protected cultural monuments shall be submitted to the
Minister for Culture by the local government of the relevant
administrative territory. The local government shall inform the
owner (possessor) of the object in writing of the proposal to
grant the status of a cultural monument of local significance to
the relevant object. The owner (possessor) of the object shall,
within 30 days after receipt of the notification, inform the
National Heritage Board in writing of his or her opinion. The
local government shall prepare and co-ordinate with the National
Heritage Board the documentation necessary for the inclusion of
the object in the list of State protected cultural monuments. The
National Heritage Board is also entitled to submit the proposal
for granting the status of a cultural monument of local
significance to the object and its inclusion in the list of State
protected cultural monuments to the Minister for Culture by
informing the relevant local government thereof in writing and
ascertaining the opinion of the owner (possessor) of the object
in accordance with the procedures laid down in Paragraph one of
this Section.
The proposal to include cultural monuments of local
significance in the list of State protected cultural monuments,
if similar or related objects are located in several local
governments, shall be developed by the National Heritage Board
which shall also provide recommendations for the preservation and
use of such objects.
Objects of national or international significance with
outstanding scientific, cultural and historical, or educating
significance may be included in the list of State protected
cultural monuments as a cultural monument of State
significance.
Objects with a special scientific, cultural and historical, or
educating significance characteristic to a particular region of
Latvia may be included in the list of State protected cultural
monuments as a cultural monument of regional significance.
Objects with scientific, cultural and historical, or educating
significance which is characteristic to the territory of a
particular local government may be included in the list of State
protected cultural monuments as a cultural monument of local
significance.
The supervision of the preservation of cultural monuments of
local significance shall be ensured by the local government.
The National Heritage Board may specify more accurately the
borders of the territories of State protected cultural monuments,
including upon initiative of the owner of the cultural monument.
The National Heritage Board shall, not later than within one
month, send the information regarding the updated borders to the
land owner and the local government in writing.
The list of State protected cultural monuments and amendments
thereto shall be approved by the Minister for Culture. The list
of State protected cultural monuments, as well as amendments
thereto shall be published in the official gazette Latvijas
Vēstnesis. An object shall acquire the status of a State
protected cultural monument on the day following the publication
of the relevant information in the official gazette Latvijas
Vēstnesis.
Upon a request of the owner (possessor) of the object, the
National Heritage Board shall issue an immovable cultural
monument protection plaque thereto which shall be attached by the
owner (possessor) of the object to the cultural monument in a
visible place. Placement of the plaque shall be mandatory for
cultural monuments - buildings and structures - of public access.
An instruction sign may be installed at the roads which lead to a
cultural monument of public access.
Explanatory informative plaques may be placed at objects which
do not conform to the status of State protected cultural
monuments, however, which have been placed as monuments or
memorial sites at places of public significance. The relevant
local government or the owner of the monument shall be
responsible for the placement of the informative plaques. The
Cabinet shall determine the procedures by which informative
plaques shall be placed and the information to be indicated on
them.
The consent of the owner (possessor) shall not be necessary
for the inclusion of an object in the list of State protected
cultural monuments. He or she shall be granted with tax relief or
compensation for losses if such have occurred as a result of
restrictions on the use of the land or the object.
[31 March 2022]
Decisions of the Minister for Culture referred to in Paragraph
nine of this Section may be appealed in accordance with the
procedures laid down in the Administrative Procedure Law. The
appeal of the decisions shall not suspend the operation
thereof.
[17 May 2018; 31 March 2022]
Section 15. Loss of the Status of
State Protected Cultural Monument
If an object has completely lost the value of a cultural
monument, the National Heritage Board shall submit a proposal for
approval by the Minister for Culture to exclude the relevant
object from the list of State protected cultural monuments. A
cultural monument shall be excluded from the list of State
protected cultural monuments in accordance with the procedures
stipulated by the Cabinet. An object shall lose the status of a
State protected cultural monument on the day following the
publication of the relevant information in the official gazette
Latvijas Vēstnesis.
[15 November 2001; 20 December 2012; 17 May 2018]
Section 16. Specially Protected
Cultural Monuments
Ensembles and complexes of cultural monuments having
particular historical, scientific or artistic value, upon a
decision of the Cabinet may be declared cultural monument
reserves that shall be protected in accordance with a by-law for
each such reserve. The Cabinet shall approve by-laws for cultural
monument reserves.
[2 December 1993]
Section 17. Protection of
Newly-discovered Cultural Monuments
Newly-discovered objects, having historical, scientific,
artistic or other cultural value, irrespective of the ownership
thereof, shall be under State protection until the decision to
include such objects in the list of State protected cultural
monuments has been taken, but not more than six months from the
day the owner of the object was informed thereof.
The finder shall, without delay, but not later than within
five days, notify the National Heritage Board in writing of the
objects found in the ground, above the ground, in water, in
buildings or parts and remains thereof and which might have
historical, scientific, artistic or other cultural value, as well
as of the location and conditions thereof.
[9 February 1995; 20 December 2012; 17 May 2018]
Section 18. State Protection of
Cultural Values Found in Museums, Libraries and Archives
State registration and protection of cultural values found in
museums and libraries shall be performed in accordance with
procedures provided for in legislative acts of the Republic of
Latvia regarding museum and library holdings. The procedures for
registration of documentary monuments are determined in the Law
on Archives.
[20 December 2012]
Section 18.1 Exportation
of Art and Antique Articles from the Republic of Latvia and
Importation Thereof into the Republic of Latvia
It is prohibited to export from the Republic of Latvia and to
import into the Republic of Latvia illegally acquired art or
antique articles, and also to store and trade them illegally.
Procedures for the export from and import into the Republic of
Latvia of art and antique articles shall be regulated by Cabinet
regulations.
Categories of such art and antique articles for the export or
temporary export from the Republic of Latvia of which a permit is
required from the National Heritage Board shall be determined by
the Cabinet.
A person is entitled to receive a certified statement from the
National Heritage Board on the fact that the relevant art or
antique article does not belong to the category of art and
antique articles for the export or temporary export from the
Republic of Latvia of which a permit is required from the
National Heritage Board.
A State fee shall be paid for the export permit or the
temporary export permit of art or antique articles from the
Republic of Latvia. The amount of the State fee, its payment
procedures as well as the State fee relief and exemptions thereof
shall be determined by the Cabinet.
[15 November 2001; 7 April 2016; 17 May 2018; 31 March
2022]
Section 18.2 Return of
Illegally Exported Art and Antique Articles
An action may be brought to a court regarding the return of an
illegally exported art or antique article to the country from
which it has been exported if the exportation of the art or
antique article from the relevant country is illegal also at the
time of bringing the action.
The right to claim for an illegally exported art or antique
article shall expire:
1) within 30 years after it was illegally exported;
2) after 75 years if it is subject to special protection;
3) after more than 75 years if such time period has been
provided for in a mutual agreement with the relevant country
binding on the Republic of Latvia.
A claim for the return of an illegally exported art or antique
article may be brought to a court not later than within three
years from the day when the information regarding the location or
owner, possessor or holder of the art or antique article was
received.
Procedures for the return of illegally exported art or antique
articles shall be governed by Cabinet regulations. This
regulation shall apply also to such art or antique articles that
have been illegally exported from the territory of the relevant
country until the date of coming into force of this
regulation.
If the court decides on the return of an illegally exported
art or antique article, its owner, possessor or holder shall have
the right to a just compensation in accordance with the
circumstances of the case if he or she proves that in obtaining
the relevant article he or she has acted with due diligence
taking into account all acquisition conditions, especially the
documents attesting to the origin of the article, the necessary
export permits in accordance with the national law of the
requesting Member State, the characterisation of the parties
involved in the deal, the price paid, and whether the owner,
possessor or holder has checked the registers of stolen cultural
articles and any other relevant information which he or she could
have reasonably obtained and whether he or she has taken any
other measures that a person as a careful and honest owner would
have taken in such a situation.
[15 November 2001; 6 November 2003; 17 December
2015]
Section 18.3 Erecting of
Monuments and Establishment of Memorial Sites
Monuments and memorial signs may be erected, and memorial
sites may be established in open public space for historical
events and persons, if there is a historical justification and
the architectonic, artistic, and design quality is ensured in
implementation of the intent.
The Ministry of Environmental Protection and Regional
Development in co-operation with the Ministry of Culture and the
Ministry of Defence shall establish an advisory council for the
evaluation of monuments, memorial signs, and memorial sites and
for the provision of an opinion. The documentation for the
establishment of monuments, memorial signs, and memorial sites
shall be co-ordinated by the local government. Control over the
arrangement of military burial sites and the establishment of
memorial signs and memorial sites related to military events
shall be ensured by the Ministry of Defence.
The procedures by which monuments and memorial signs dedicated
to historical events and persons are erected, as well as memorial
sites are established, and the procedures by which the advisory
council referred to in Paragraph two of this Section is
established, as well as the tasks of the council shall be
determined by the Cabinet.
[17 May 2018]
Section 19. Use of Cultural
Monuments
Cultural monuments shall, as a priority, be used for purposes
of science, education and culture. Use of cultural monuments in
economic activities shall be permitted only if such activity does
not damage the monument, and does not reduce the historical,
scientific and artistic value thereof.
Chapter Four
Preservation of Cultural Monuments
Section 20. Procedures for Entering
into Effect of Instructions of the National Heritage Board and
the Local Government
An inspector of the National Heritage Board shall notify the
owner (possessor) of a cultural monument of State or regional
significance and the local government shall notify the owner
(possessor) of a cultural monument of local significance of the
instructions for the use and preservation of the relevant
cultural monument, the time of issuance of the instructions, and
the possibilities for familiarisation therewith.
[31 March 2022 / The new wording of the Section shall come
into force on 1 January 2023. See Paragraph 9 of Transitional
Provisions]
Section 21. Procedures for the
Research, Conservation, Restoration and Renovation of Cultural
Monuments
Cultural monuments of State and regional significance shall be
conserved, restored, and renovated only with a written permission
of the National Heritage Board and under its control, and
monuments of local significance - with a permission of the local
government.
Research works of cultural monument which may lead to
modification of the cultural monument, as well as archaeological
research may be performed only with a written permission of the
National Heritage Board and under its control.
It is prohibited to use devices for the detection of metal
objects and material density (for example, metal detectors) in
research of cultural monuments, except when it has been permitted
by the National Heritage Board.
It is prohibited to carry out activities modifying the
cultural monument and to use devices for the detection of metal
objects and material density (for example, metal detectors) in a
cultural monument without the permission of the owner (possessor)
of immovable property.
The conservation and restoration works of cultural monuments
shall be performed by specialists, restorers, and craftsmen
having the appropriate qualification, if it is requested by the
National Heritage Board.
[20 December 2012; 17 May 2018; 31 March 2022 / The
new wording of Paragraph one shall come into force on 1 January
2023. See Paragraph 9 of Transitional Provisions]
Section 22. Preservation of Cultural
Monuments during Construction and Other Works
Before commencing construction, land amelioration, road
construction, extraction of mineral resources, and other economic
activity the commissioning party thereof must ensure surveying of
cultural values in the area of intended activity. Natural persons
and legal persons who as a result of economic activity discover
archaeological or other objects with cultural and historical
value shall immediately notify the National Heritage Board
thereof, and further activity shall be suspended.
[17 May 2018]
Section 23. Cultural Monument
Protection Zones
In order to ensure protection of cultural monuments, cultural
monument protection zones are determined for immovable cultural
monuments. The consent of the user or owner of the land shall not
be required to create such zones. Zones and their maintenance
regimes shall be determined by the National Heritage Board. The
protection zone around cultural monuments for which no protection
zones have been determined and around newly-discovered cultural
monuments in rural populated areas shall be at a distance of 500
metres, but in towns - at a distance of 100 metres. Any activity
within the protection zone of cultural monuments which affects
the cultural and historical environment (for example,
construction, artificial modification of terrain, forest
management activity, retrieval of such previously unidentified
objects which might have historical, scientific, artistic or
other cultural value from the ground or water) may be performed
only with the permission from the National Heritage Board. For
cultural monuments which do not require a protection zone within
the distance specified in the law, the National Heritage Board
may reduce it in co-operation with the local government. If
increasing of the protection zone is necessary, the National
Heritage Board shall determine it in accordance with the
procedures stipulated by the Cabinet.
The head of the National Heritage Board, taking into account
Cabinet regulations, may determine environment-degrading objects
that are located within the cultural monument protection zones.
Such objects shall be designated for demolition and further
development thereof shall not be permitted.
It is prohibited to carry out modifying activities and to use
devices for the detection of metal objects and material density
(for example, metal detectors) in the protection zone around a
cultural monument without the permission of the owner (possessor)
of immovable property.
[9 February 1995; 20 December 2012; 17 May 2018]
Section 24. Financing of Cultural
Monument Preservation
The maintenance of a cultural monument and also timely
conservation, renovation, and restoration thereof shall be
performed by the owner (possessor) of the cultural monument at
its own expense. The maintenance of a cultural monument is a set
of systematically (regularly) performed measures to ensure the
preservation of a cultural and historical object without
deteriorating its visual image and technical condition and
without compromising its authenticity. The conservation of a
cultural monument is the physical, chemical, and structural
strengthening of the existing condition of a cultural and
historical object or part thereof - a set of means and techniques
which prolong the life of a cultural and historical object.
Upon proposal of the National Heritage Board, funds shall be
allocated from the State budget for the surveying of cultural
values, research, popularisation of cultural monuments, and other
measures related to the preservation of cultural monuments. The
National Heritage Board shall prepare a draft programme for the
conservation and restoration of cultural monuments and submit it
to the Minister for Culture for approval. After approval of the
programme for the conservation and restoration of cultural
monuments the National Heritage Board shall, in accordance with
open tendering procedures, allocate funds to conservation and
restoration of such cultural monuments of State and regional
significance which are available for public viewing. Funds from
local government budgets shall be allocated for the conservation
and restoration of such cultural monuments of regional and local
significance which are available for public viewing. In
accordance with the procedures specified in their binding
regulations, local governments have the right to allocate funds
from the local government budget for the conservation and
restoration of the cultural monuments of State significance which
are available for public viewing. Public availability of cultural
monuments for the conservation and restoration of which State
financing has been received shall be preserved for not less than
25 years, except for the cases specified in other laws.
If the commissioning party is not the National Heritage Board,
it shall, in each specific case, enter into agreement with the
owner (possessor) of the relevant cultural monument on the
allocation of State budgetary funds for research on cultural
monuments and conservation and restoration of cultural monuments
of State significance, as well as control the use of such funds.
Research work required due to building, land amelioration, road
construction and performance of other economic activity, shall be
financed by the performer of work at the expense of the
commissioning party.
[9 February 1995; 20 December 2012; 17 May 2018; 20
September 2018; 31 March 2022]
Section 25. Use of Funds Obtained
from the Use of Cultural Monuments
A public entity shall first use the income obtained from the
economic activity performed for the use of a cultural monument in
its ownership (possession) for the maintenance, research,
restoration, public access of the cultural monument, and also for
cultural and educational purposes. The use of funds obtained from
the use of a cultural monument for other purposes shall be
permitted if the cultural monument is being well preserved.
[31 March 2022]
Chapter Five
SUPERVISION AND CONTROL OVER COMPLIANCE WITH THE LEGISLATIVE ACTS
ON CULTURAL MONUMENTS
[20 June 2019]
Section 26. State Supervision and
Control of Cultural Monument Protection
The National Heritage Board is a direct administration
institution subordinate to the Ministry of Culture that
implements State control in cultural monument protection,
performs survey and research of cultural heritage, and
registration of monuments. The Cabinet shall approve the by-laws
of the Board.
The National Heritage Board of the Ministry of Culture of the
Republic of Latvia has the right to:
1) without hindrance verify compliance with legislative acts
regarding protection of cultural monuments in any object
throughout the Republic of Latvia irrespective of the fact who
owns or uses the monument;
11) in the cases specified in the law to provide
opinions to institutions regarding the maintenance of a cultural
monument in accordance with the requirements for the protection
of cultural monuments;
2) suspend any economic activity in the immediate proximity of
cultural monuments or in the their protection zone, or restrict
traffic in cases where regulations regarding the protection of
cultural monuments are violated and cultural monuments are
endangered, until the moment when threats to the cultural
monument have been eliminated;
3) propose that implementation of decisions of officials or
local government institutions be suspended if such decisions are
contrary to legislative acts on the protection of cultural
monuments, until such decisions are examined anew in accordance
with procedures laid down in law;
4) propose that banking institutions discontinue funding of
such activities, in the performance of which legislative acts on
the protection of cultural monuments are violated;
5) bring an action against natural persons and legal persons
in respect of payment for losses if such persons have caused harm
to a cultural monument;
6) [20 June 2019 / See Paragraph 8 of Transitional
Provisions]
7) examine antique and commission shops, art galleries and
auctions of cultural values in order to prevent illegal
transactions with cultural monuments or their details, as well as
with archaeological antiquities or, if necessary, take the
monuments under State protection as cultural values;
8) equip vehicles of the Inspection with special lights and
warning devices, and use graphical design of colours and
inscriptions;
9) carry out expert examination of cultural monuments
including those antiquities which in accordance with Section 7,
Paragraph four of this Law belong to the State, and also expert
examination of art and antique articles;
10) take part in the work of the customs service by
controlling the legality of exportation of cultural
monuments;
11) issue export permits or temporary export permits of
cultural monuments from the Republic of Latvia including those
antiquities which in accordance with Section 7, Paragraph four of
this Law belong to the State, also export permits or temporary
export permits of art and antique articles;
12) upon a request of a person, issue a certified statement on
the fact that a permit from the National Heritage Board for the
export or temporary export of the relevant art or antique
articles from the Republic of Latvia is not required;
13) issue administrative acts whereby the owner (possessor) of
such State protected cultural monument the maintenance of which
is not ensured is required to carry out urgent maintenance or
conservation works of the cultural monument. If such works are
not carried out, they may be carried out by the local government
instead of the owner (possessor) in the administrative territory
of which the respective State protected cultural monument is
located, recovering the expenditures for the work performed from
the owner (possessor) of the respective State protected cultural
monument.
[9 February 1995; 28 April 2005; 20 December 2012; 7 April
2016; 17 May 2018; 20 June 2019; 31 March 2022]
Section 26.1 Archives of
the National Heritage Board
The documentation drawn up by the National Heritage Board and
upon its assignment regarding State protected cultural monuments
and objects of cultural and historical value shall be considered
a part of the national cultural heritage and is accumulated, as
an aggregate of documents, in the archives of the National
Heritage Board. Such documents shall be used in conformity with
the provisions of copyright, personal data protection, and other
laws and regulations.
[17 May 2018 / The numbering of Section was amended on 20
June 2019 and shall come into force on 16 July 2019]
Section 27. Procedures for the
Alienation of Cultural Monuments
Immovable cultural monuments, which are necessary for ensuring
public needs, including such immovable cultural monuments, the
owner of which fails to ensure the preservation thereof, may be
alienated in accordance with the procedures specified in the Law
on Compulsory Alienation of Immovable Property Necessary for
Public Needs.
Movable cultural monuments the owner of which fails to ensure
the preservation thereof may be alienated by judicial process
upon proposal of the National Heritage Board.
[28 October 2010; 17 May 2018]
Section 28. Cultural and Historical
Value of Cultural Monuments
The cultural and historical value may be determined for each
cultural monument to which harm has been caused. It shall be
carried out by the National Heritage Board. Compensation for
damage caused to a cultural monument shall be calculated in
conformity with the cultural and historical value determined for
such cultural monument.
[9 February 1995; 17 May 2018]
Section 29. Public Control of
Cultural Monument Protection
[9 February 1995]
Section 30. Validity of
Transactions
Transactions with cultural monuments which are carried out in
violation of the procedures laid down in law shall be deemed
invalid.
[20 June 2019]
Chapter Six
Application of International or Bilateral Agreements
Section 31. Fulfilment of
Obligations Arising from International or Bilateral
Agreements
The Republic of Latvia shall participate in the work of
international organisations and may enter into separate
agreements with foreign states in respect of issues regarding
protection of cultural monument and registration thereof,
specialist training and information exchange.
If the provisions of international or bilateral agreements
regarding protection, use or restoration of cultural monuments
are contrary to legislative acts regarding cultural monuments of
the Republic of Latvia, the provisions of international or
bilateral agreements shall apply.
Chapter Seven
Administrative Offences in the Field of Protection of Cultural
Monuments and Competence in the Administrative Offence
Proceedings
[20 June 2019 / Chapter shall
come into force on 1 July 2020. See Paragraph 8 of Transitional
Provisions]
Section 32. Violation of the
Provisions for the Protection of Cultural Monuments
For the violation of the provisions for the protection of
cultural monuments, a warning or a fine from twenty to two
hundred units of fine shall be imposed on a natural person, but a
warning or a fine from two hundred to two thousand units of fine
- on a legal person.
[20 June 2019 / Section shall come into force on 1 July
2020. See Paragraph 8 of Transitional Provisions]
Section 33. Violation of the
Provisions for the Transformation, Research and Excavation Works
of Cultural Monuments, Their Territories and Protection Zones
For the transformation of cultural monuments, their
territories and protection zones (for example, construction
works, artificial modification of terrain, forest management
activities) without the permit provided for in laws and
regulations or by violating the provisions of the permit, a
warning or a fine from one hundred to four hundred units of fine
shall be imposed on a natural person, but a warning or a fine
from five hundred to four thousand units of fine - on a legal
person.
For performing research and excavation works of cultural
monuments, their territories and protection zones without the
permit provided for in laws and regulations or by violating the
provisions of the permit, a warning or a fine from one hundred to
four hundred units of fine shall be imposed on a natural person,
but a warning or a fine from five hundred to four thousand units
of fine - on a legal person.
[20 June 2019 / Section shall come into force on 1 July
2020. See Paragraph 8 of Transitional Provisions]
Section 34. Failure to Provide
Information Regarding Alienation of the Cultural Monument
For the failure to provide the information laid down in the
laws and regulations before the alienation of the cultural
monument, a warning or a fine from twenty to fifty units of fine
shall be imposed on natural and legal persons.
[20 June 2019 / Section shall come into force on 1 July
2020. See Paragraph 8 of Transitional Provisions]
Section 35. Violation of the
Regulations Regarding the Handling of Art or Antique Articles
For the violation of the regulations regarding the handling of
art and antique articles (for example, exportation from the
Republic of Latvia without the permit specified in laws and
regulations), a warning or a fine from twenty to two hundred
units of fine shall be imposed on natural and legal persons.
[20 June 2019 / Section shall come into force on 1 July
2020. See Paragraph 8 of Transitional Provisions]
Section 36. Competence in the
Administrative Offence Proceedings
Administrative offence proceedings for the offences referred
to in Sections 32, 33, 34, and 35 of this Law in relation to
cultural monuments of State and regional significance shall be
conducted by the National Heritage Board but in relation to
cultural monuments of local significance - by the building
authority of the local government in the administrative territory
of which the respective State protected cultural monument is
located.
[31 March 2022 / The new wording of the Section shall come
into force on 1 January 2023. See Paragraph 9 of Transitional
Provisions]
Transitional Provisions
[28 October 2021]
1. The Cabinet shall issue the regulations referred to in
Section 8, Paragraph one of this Law by 30 June 2011.
2. Amendments to Section 8, Paragraph one of this Law (on the
procedures for exercising the right of first refusal by the State
in case of alienation of cultural monuments of State
significance) shall come into force on 1 July 2011.
3. A person who has an antiquity in his or her ownership or
possession on the day of coming into force of Section 7,
Paragraph four of this Law shall, by 30 March 2013, notify the
National Heritage Board thereof in writing, providing information
characterising the antiquity (for example, a colour photograph,
material of the antiquity, size in millimetres, the type of
acquisition, the possible date, conditions, place and time of the
find and other information). These provisions shall not apply to
the objects of the National Museum Holdings. The information
referred to in this Paragraph is restricted access
information.
[20 December 2012; 17 May 2018]
4. The National Heritage Board shall, until 31 December 2018,
develop the criteria by which cultural and historical objects
shall be included in the list of State protected cultural
monuments as cultural monuments of regional or local
significance.
[17 May 2018]
5. The National Heritage Board shall, until 31 December 2020,
review the status of the cultural monuments included in the list
of State protected cultural monuments, evaluating the conformity
of these monuments with the criteria for a cultural monument of
regional or local significance.
[17 May 2018]
6. The Cabinet shall, until 31 December 2018, issue the
Cabinet regulations referred to in Section 14, Paragraph eleven
and Section 18.3, Paragraph three of this Law.
[17 May 2018]
7. The Cabinet shall, until 31 December 2018, make amendments
to Cabinet Regulation No. 474 of 26 August 2003, Regulations
Regarding Recording, Protection, Use, Restoration of Cultural
Monuments and Granting the Status of an Environment-degrading
Object, in accordance with amendments to Section 14 of this
Law.
[17 May 2018]
8. Amendments to Section 26 of this Law regarding the deletion
of Clause 6 of Paragraph two, and Chapter Seven shall come into
force concurrently with the Law on Administrative Liability.
[20 June 2019]
9. Amendments to Section 3 of this Law regarding the new
wording of the Section, amendments to Section 5, Paragraph two of
this Law regarding the right of the National Heritage Board and
the local government to issue general administrative acts, i.e.
instructions, within the scope of their competence and regarding
the notification and publication of these administrative acts,
amendments to Section 20 of this Law regarding the new wording of
the Section, amendments to Section 21, Paragraph one of this Law
regarding the necessity to obtain a permission of the National
Heritage Board or the local government for the conservation,
restoration, and renovation of cultural monuments of the relevant
significance, and amendments to Section 36 of this Law regarding
the division of competence between the National Heritage Board
and the local government in respect of carrying out of
administrative offence proceedings shall come into force on 1
January 2023.
[31 March 2022]
Informative Reference to European
Union Directives
[17 December 2015]
This Law contains legal norms arising from Directive
2014/60/EU of the European Parliament and of the Council of 15
May 2014 on the return of cultural objects unlawfully removed
from the territory of a Member State and amending Regulation (EU)
No 1024/2012 (Recast).
Chairperson of the Supreme Council
of the Republic of Latvia A. Gorbunovs
Secretary of the Supreme Council
of the Republic of Latvia I. Daudišs
Riga, 12 February 1992
1 The Parliament of the Republic of
Latvia
Translation © 2022 Valsts valodas centrs (State
Language Centre)