Obligations

Declaration of cultural interest

The civil law code of Cultural and Landscape Heritage (codice dei Beni Culturali e del Paesaggio), art.10, 12, 13 and 14, defines the duty to ensure protection of the Cultural Heritage. This applies to both public and private owners.   

Article no. 10 of the Code lists the Cultral Heritage categories, of movable and immovable goods of archaeological interest. Heritage objects are to be conserved and may not be destroyed, damaged or adapted to uses not compatible with their historical or artistic character or any kind of damage to their conservation.

The act of illegality is issued after a verification of cultural interest, carried out by a competent person in charge of the protected area .The Superintendent can begin the procedure for legal action in the cultural interest and inform the proprietor, possessor or holder by whatever legal right they have. The Regional office issues the final verdict as a decree of a declaration of cultural interest, to the proprietor, possessor, or holder by whatever legal right they have, then they shall be notified about the objects concerned.   

The declaration of interest contains a number of obligations and dispositions, for example, the prohibition of exportation of works, the denunciation of transfers due to change of residence or property, the right for the state to impose sanctions in cases of non-compliance or obvious violation of defaulting the law.

Any kind of archaeological work declared as a cultural interest must always be authorized by the regional Soprintendenza. (articles 20 and 21).