University of Palestine Faculty of Applied Engineering and Urban Planning Department of Architecture 1 st Semester 2010 -2011. Architecture Conservation ( EAGD 5120 ) Lecture 5 Aspects of Architectural conservation – Technical Aspects (Cont.) + Legal Aspects Dr. Nihad M. Almughany.
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Architecture Conservation ( EAGD 5120 )
Aspects of Architectural conservation – Technical Aspects (Cont.) + Legal Aspects
Dr. Nihad M. Almughany
ملاحظة : حفظ العناصر المكشوفة بعد ازالة المواد من العوامل الخارجية مثل تغطية الأسقف حتى يتم معالجتها
Legislation is one of the most important aspects of conservation strategies. Many countries around the world have established conservation legislation to protect their built historic heritage.
Conservation legislation differs from one place to another according to:
The degree of protection,
The provision of incentives,
The delegation of responsibilities to an administrative framework,
The degree of public participation in the conservation process.
Hierarchy of legislation : In general legislation stands in the following hierarchy:
Ancient Monument Protection Act ( 1882)
Town and Country Planning Act ( 1971 )
The British legislation system is a comprehensive, and protective for as many monuments, buildings, sites, areas, gardens as possible. On the other hand, consents are available although it is rather complicated process. This makes it difficult for flexibility and change .
The Commission des Monuments Historique (1906 )
Malraux Act to protect urban centers ( 1962 )
The French conservation legislative system is characterised by its encouragement to the rehabilitation of historic buildings and areas.
Antiquities Act ( 1906 )
National Historic Preservation Act ( 1966 )
The US conservation legislation is (flexible) and characterised by its provision of tax incentives.
The British legislation’s philosophy is to protect as much as possible through the listing of buildings and the designation of conservation areas. At the same time, it allows consents for demolition, alterations or interventions throughout a specific process.
Generally, there is nothing in the legislation to prevent radical alteration or even demolition of historic buildings in the USA.
Palestinian legislative law protects “ archaeological buildings” from demolition or alteration.
Local authorities had mostly granted the budgets needed to finance the conservation strategies in some parts of Saudi Arabia. There were also steps to encourage private sector participation in finance.
One of the most distinguished articles of the 1983 Act in Egypt is the one that gives authority to the SCA to finance and implement any maintenance works required for listed buildings . The existing legislation does not include financial incentives for the conservation of historic buildings or conservation areas.
The French Law of 1962 presents a full co-operation between town planning, housing, and historic environment organisations, but the major responsibility lies with the Ministry of Cultural Affairs and Works.
In Saudi Arabia The parties involved in legislation are the Archaeology Directory, the High Archaeology Council and the municipalities.
In Egypt the SCA is authorised to co-ordinate conservation works with other relevant institutions in planning, housing, tourism and others.
Recent conservation trends strongly recommend giving legal responsibility through local development plans. This is done successfully in Britain, France, the USA, Tunisia, Sana'a, Manama and Jeddah.
Conclusion: Conservation legislation must give power to administrative frameworks to be able to implement conservation strategies. The absence of responsibility delegation leads to miscoordination and failure.
The ideal conservation legislation has to include guidelines for the following items:
Legislation should also be clear and has an explanation and execution lists.
In class discussion and readings for the conservation legislation in Palestine, especially the “ Old Archaeology Act” and Town Planning Act.