Effective legal support in the case for entry in the register of monuments

Experience / 30.04.2025

Lawyers of the Law Firm represented the Client in administrative proceedings for entry in the register of immovable monuments of the historical building complex of the former military barracks.

The proceedings were initiated ex officio by the Świętokrzyskie Provincial Monument Conservator, who in his decision initially ruled to enter the register of historical monuments of the building complex of the former military barracks, i.e. the buildings and the area of the complex within the historical boundaries of the military unit in the interwar period.

As a result of the appeals filed, the Minister of Culture and National Heritage revoked the above decision of the Świętokrzyskie Provincial Monument Conservator and referred the case for reconsideration. The Minister of Culture and National Heritage shared the allegations contained in the appeal, among other things, as to the first-instance authority’s imprecise definition of the subject and scope of conservation protection in terms of the objects forming the building complex and the area in which it is located.

The second instance authority stressed that an administrative decision on the registration of a monument must precisely define the subject of conservation protection, demonstrate its monumental value, as well as the premises for its inclusion in legal protection, especially in view of the fact that it has a direct impact on the legal sphere in terms of the rights and obligations and restrictions arising from the registration of a particular monument, of those who have legal title to use the monument.

The actions taken by the Law Firm’s lawyers in the course of the proceedings in question contributed to the fact that after the reconsideration of the case by the Authority of the first instance, the decision on entry in the register of monuments covered only two post-barracks buildings.

The issued decision is final.