Regulation on the Identification and Registration of Immovable Cultural and Natural Property to Be Protected

Transcription

1 Regulation on the Identification and Registration of Immovable Cultural and Natural Property to Be Protected (Official Gazette Date: Official Gazette Issue: 19660) FIRST CHAPTER General Provisions Objective and Scope Article 1- (Amended: RG ) This Regulation encompasses the procedures, substance and criteria for the identification and registration of the cultural and natural property to be protected defined in Article 3 and specified in Article 6 of the Law on the Conservation of Cultural and Natural Property numbered 2863 as well as the procedures, substance and criteria for the conservation and evaluation of areas where surveys, excavations and soundings are performed as specified in Article 4 of the Law numbered 3386, which amended the latter Law. Legal Ground Article 2-(Amended: RG ) This regulation was drafted on the basis of the Articles 7 and 10 of the Law dated 21/07/1983 and numbered 2863 amended by the Law dated 17/06/1987 and numbered Abbreviations and definitions Article 3- Abbreviations and definitions used in this Regulation: a)abbreviations: The term "Ministry" shall refer to the Ministry of Culture and Tourism, "Superior Council for Conservation" shall refer to the Superior Council for the Conservation of Cultural and Natural Property, "Conservation council" shall refer to the Council for Conservation of Cultural and Natural Property. b) Definitions: "Immovable cultural property" shall refer to the immovable property to be protected on the ground, under the ground or under water pertaining to science, culture, religion and fine arts dated back to prehistorical or historical times, "Immovable natural property" shall refer to the immovable property located on the ground, under the ground or under the water dating back to geological times, pre-historical and historical times which need to be protected with respect to their rareness or specificities and beauties, "Urban Conservation Sites": shall refer to the areas where cultural and natural environmental elements (buildings, gardens, floras, settlement textures, walls) having architectural, local, historical, aesthetic and artistic specificity co-exist constituting a higher value than they would if they were separately located, "Historical Conservation Sites" shall refer to the areas where important historical events took place, hence which need to be protected, "Archaeological Conservation Sites" shall refer to the areas where the ruins of an ancient settlement or an ancient civilization to be protected are found or known to be underwater or exposed, "Natural Conservation Zone" shall refer to the areas and immovable natural property with interesting qualities and beauties which are rare and to be protected, "Identification" shall refer to the evaluation and documentation of the immovable cultural and

2 natural property to be protected defined in Article 3 and specified in Article 6 of the Law on Conservation of Cultural and Natural Property numbered 2863 by being evaluated with a technical study in line with the procedures, substance and criteria mentioned in this regulation, "Identification team": refers to the team which shall be set up to perform the identification activities of the Ministry together with experts from other relevant institutions and organizations or the in-house experts of the General Directorate for Foundations with no less than 2 persons to perform the identification activities according to the theme of the study to be performed, qualities and location of the property constituting the basis of the study, "Registration" shall refer to the identification of the cultural and natural property that needs to be protected via a decision by the council of conservation. SECOND CHAPTER Fundamental Provisions Criteria of evaluation for identification purposes Article 4- For the identification of the cultural and natural property to be protected, the following considerations shall be observed: a) that they be among the natural property to be protected and the immovable property constructed by the end of the 19. century, b) that it be deemed necessary to conserve the property with respect to its importance and properties although it was constructed after the end of the 19. century, c) that the immovable property be located in the conservation site, d) that the immovable property be one of the buildings and areas to be identified which witnessed grand historical events during the Independence War and the foundation of the Republic of Turkey as well as houses used by Mustafa Kemal Atatürk without any regard for the element of time and registration on account of the importance of the immovable property for our national history, e) that the immovable natural property possess rarely seen, distinct properties, f) For detached or single buildings; that the immovable property be special with respect to its structure, decoration, structural status, material, construction technology and format within the scope of the range of artistic, architectural, historical, aesthetic, local, archaeological values, g) For urban conservation sites; that the detached building having the property of cultural property to be protected demonstrate intensity, architectural, historical uniformity, h) For archaeological conservation sites; that they possess qualities in terms of written information, superficial ruins, scientific research, environmental observations, ecological observations, scientific estimations and topographical structure, i) For natural conservation sites; that they possess qualities with regards the issues of scientific research, geological structure, environmental observations, ecological observations and topographical structure, j) For historical conservation sites; that it be ascertained that important historical events took place according to the written information and historical research.

3 Documents to be drafted as a result of the identification Article 5- As a result of the identification performed, the following documents shall be drafted to constitute the basis for identification: 1- The identification card including the information required for the registration of the immovable cultural and natural property, 2- Photos that would suffice for description, a) For single buildings; photos featured on the identification card that show the immovable property from the interior, exterior and along with its periphery b) For archaeological, urban and natural conservation sites; photos taken panoramically to ensure a holistic perception of the area and photos taken in detail of the immovable cultural and natural property and minor findings on the area, which have been certified, marked with the dates when the photos were taken and compiled in an album. 3- The diapositives prepared for the study performed to the extent allowed by existing means. 4- A drawing that indicates the location and delineation of the immovable property (The map or plan shall be prepared in accordance with the picture in Annex I, Annex II and Annex III and the numbers of order assigned to the buildings shall also be scribed on the map). 5- The Report containing the opinion of the identification team that describes the immovable cultural and natural property (it shall be prepared according to the outline in Annex IV) and the list of immovable cultural property recommended for conservation in the attachment (It shall be prepared according to the table in Annex V - VI). 6- Other documents deemed necessary by the identification team. Registration decision Article 6 The immovable cultural and natural property identified by the Ministry shall be evaluated and registered by the conservation councils. The identification and registration in the inventory of the cultural and natural property pertaining to recorded and annexed foundations under the administration or control of the General Directorate for Foundations, mosques, mausoleums, caravanserais, madrasahs, inns (khan), baths, small mosques (masjid), small dervish lodges (zaviye), public fountains (sebil), lodges of Mevlevi dervishes (mevlevihane), fountains and similar immovable cultural and natural property under the ownership of real or legal persons to be protected shall be carried out by the General Directorate for Foundations. The immovable cultural and natural property identified by the General Directorate for Foundations shall be evaluated and registered by the conservation councils. The protection and evaluation of the immovable cultural and natural property identified by the General Directorate for Foundations, evaluated and registered by the conservation councils, shall be carried out by the General Directorate for Foundations. The protection and evaluation of the areas where surveys, excavations and soundings were performed shall be the tasks of the Ministry, decisions on implementation in these areas shall be taken by the General Directorate for Ancient Monuments and Museums. Registration Proceedings Article 7- The decision-making conservation councils shall circulate the registration decision to the

4 relevant institutions. The protocol regarding the publication shall be submitted to the representative office of the Prime Ministry in the relevant province by the governorship, if the immovable cultural and natural property to be protected is located in the central district of the province, and by the district governorship if it is within the borders of the district by way of attaching the registration decision on announcement boards, announcing through municipal loudspeakers and notifying to the village headman within 3 days at the latest as of the day of notification of the registration decision to the governorship or district governorship. After the completion of these proceedings, a record shall be kept in the declarations field of the register of title deeds, that it is a cultural and natural property to be protected upon the letter by the governor, if the cultural and natural property to be protected is in the central district of the province and by the district governor if it is located within the borders of the district. Abrogating the registration decision Article 8- The abrogation of registration records of the cultural and natural property to be protected and registered according to the provisions of this Regulation shall be conducted as per the articles above. Acquired rights Article 9- (Repealed: RG ) Repealed provisions Article 10- With the enforcement of this Regulation, the "Regulation on the Identification and Registration of Immovable Cultural and Natural Property To Be Protected" published in the Official Gazette dated 10, August, 1984 and numbered shall be repealed. (Annexed: RG ) Additional Article 1- The phrase Ministry of Culture and Tourism in the regulation has been changed to "Ministry of Culture, the phrase Minister of Culture and Tourism to Minister of Culture and the phrase General Directorate of Ancient Monuments and Museums to Department for the Conservation of Cultural and Natural Property. THIRD CHAPTER Enforcement and Execution Enforcement Article 11- This Regulation shall be in force on the date it is published. Execution Article 12- The Minister of Culture and Tourism shall execute this Regulation. ANNEXI THE LEGEND TO BE USED FOR STUDIES IN CONSERVATION SITES PRELIMINARILY IDENTIFIED I. MAP Monumental Buildings Proposed to be Registered Dark Green Examples of Civil Architecture Proposed to be Registered - Red Official Buildings Proposed to be Registered Dark grey (School, hospital, post office, government office, bank, etc.) Industrial Buildings Proposed to be Registered - Purple (Factory, manufacturing facility, warehouse) Buildings with an Ancient Texture not Deemed to be Worthy of Registration (Black in the Periphery Empty Inside)

5 New Buildings - Blue Streets to be conserved Border of the Urban Conservation Site - Red Border of the Natural Conservation Site Green Inside I. Degree Archaeological Conservation Site Border Black Inside II. Degree Archaeological Conservation Site Border Black in the Periphery Empty Inside III. Degree Archaeological Conservation Site Border - Blue ANNEXII II. MAP STOREY CONSIDERATIONS The circumference of buildings to be registered on this map shall be drawn with the afore-mentioned colours and their inner parts shall be painted in the following colours as per their characteristics. The storey of the monumental buildings shall not be indicated, but be painted in the colour green 1-2 Storey - Yellow 3-4 Storey - Orange 5 and Above - Brown THE LEGEND TO BE USED FOR STUDIES IN THE EXPLORED CONSERVATION SITES I. MAP Registered Monumental Buildings Dark Green Monumental Buildings Proposed to be Registered Light Green Examples of Registered Civil Architecture - Red Examples of Civil Architecture Proposed to be Registered - Pink Examples of Civil Architecture Proposed to be Excluded from Registration (Red on the Periphery Red Cross in the Inner Part) Registered Official Buildings Dark Gray Official Buildings Proposed to be Registered - Gray Official Buildings Proposed to be Excluded from Registration (Grey on the Periphery Grey Cross in the Inner Part) Registered Industrial Buildings, Purple Buildings Proposed to be Registered - Lilac Industrial Buildings Proposed to be Excluded from Registration (Purple on the Periphery Purple Cross Inside) Buildings of an Old Textural Quality not Deemed Worthy of Registration (Black on the Periphery Empty Inside) New Buildings - Blue Streets to be Conserved Border of the Existing Urban Conservation Site Red Proposed Border of the Urban Conservation Site - Black Border of the Existing Archaeological Conservation Site - Black Inside Border of the Archaeological Conservation Site Brown Inside II. MAP STOREY CONSIDERATIONS The periphery of the buildings to be registered on this map shall be drawn in the above-mentioned colours in line with their characteristics and the inner parts shall be painted with the following colours according to the storey. The storey of monumental buildings shall not be indicated, however, they shall be painted in the colour green. 1-2 Storeys - Yellow 3-4 Storeys - Orange 5 and Above Brown

6 ANNEX III ILLUSTRATION TABLE TO BE FOLLOWED IN THE RECORDING OF THE TRANSPARENT PLOTS THAT SHALL BE PREPARED FOR DISTRIBUTION AFTER THE DECISION IS TAKEN AT THE COUNCIL FOR CONSERVATION OF CULTURAL AND NATURAL PROPERTY 1. Degree Archaeological Conservation Site Border 2. Degree Archaeological Conservation Site Border 3. Degree Archaeological Conservation Site Border Urban Conservation Site Border Natural Conservation Site Border Example of Civil Architecture Monumental building ANNEX IV OUTLINE FOR REPORTING REPORT 1. Address (Province, District, Neighbourhood, Road, Street, Door No., Cadastral Status), 2. Specification of the reason for examination and the date of examination, 3. The location and general description of the immovable property (Whether it is located within the conservation site, whether it is registered as immovable cultural and natural property to be protected, whether there is a group decision or not), 4. Council decision on the immovable property and its immediate vicinity, 5. The statuses of the buildings in the immediate vicinity of the immovable property (Number of storeys, specification of whether it is an old or new texture), 6. Description of the building (its status), 7. Opinions and the justifications underpinning the opinion, 8. Preparation date of the report. ANNEX V TABLE TO BE USED FOR THE PRELIMINARY IDENTIFICATION ACTIVITIES TO BE PERFORMED IN THE SCALE OF THE CONSERVATION SITE AND ITS PERIPHERY Order No Name or Type of the Building Its Address Plot Block Parcel

7 ANNEX VI TABLE TO BE USED FOR THE EXPLORATION ACTIVITY OF REGISTERED CULTURAL AND NATURAL PROPERTY TO BE PROTECTED Former Order No New Order No Name or Type of Building Its Address Plot Block Parcel