In this new news article, we are addressing a specific topic: the Verification of Cultural Interest for assets belonging to civilly recognized Ecclesiastical Entities in Italy.

This verification is entrusted to the Superintendency and follows a particular process, which we explain below.

The Verification of Cultural Interest procedure (V.I.C.): what is it and how does it work? 

The Cultural and Landscape Heritage Code (Legislative Decree no. 42/2004), also known as the “Codice Urbani”, assigns to the Superintendency the task of identifying cultural heritage through the activation of the V.I.C. procedures (art. 12) and the declaration of cultural interest (art. 13).

These are administrative procedures that can affect all areas in which the Superintendency operates, such as archaeology, architectural heritage, historical-artistic heritage, and the demo-ethnoanthropological heritage.

For the execution of these procedures, the Superintendency carries out coordinated activities between the Restrictions Office, which follows the administrative aspects, and the competent officials on the territories, who conduct the technical evaluations.

Which assets can be subject to the Verification of Cultural Interest?

Movable and immovable assets that can be subject to the V.I.C. must generally possess the following characteristics:

• belong to the State, regions, other public territorial entities, or any other public or private non-profit entity, including civilly recognized ecclesiastical entities;
• present artistic, historical, archaeological, or ethnoanthropological interest;
• are works by a deceased author;
• have been executed for over 70 years.

From this point forward, we will focus on the Cultural Interest Verification procedure that can be activated for movable and immovable assets belonging to civilly recognized ecclesiastical entities.

These assets must also be works by deceased authors created more than 70 years ago. These assets are, by law, presumed to be subject to the protection of the Ministry of Cultural Heritage and Activities (MiBAC). This presumption of protection remains valid until the Cultural Interest Verification has been carried out, pursuant to Article 12 of the Codice Urbani.

What is the purpose of the Cultural Interest Verification?

The Cultural Interest Verification procedure aims to determine whether a property belonging to public entities, moral entities, or, in our case, ecclesiastical entities, possesses the requirements to be considered of cultural interest. In essence, it serves to understand whether a property has a historical, artistic, or archaeological value that merits protection.

Why is it important? There are several reasons:

• Protection: if a property is recognized as being of cultural interest, it is subject to specific protective measures that guarantee its conservation and enhancement.
• Restrictions: verification can lead to the imposition of restrictions on the property, limiting the possibility of intervention and alienation.
• Incentives: in some cases, the owners of properties declared to be of cultural interest may be eligible for tax incentives.

Cultural Interest Verification Procedure for Assets Belonging to Ecclesiastical Entities

The Cultural Interest Verification procedure can be initiated either upon request of the individual owner (through the website www.benitutelati.it) or ex officio by the Superintendency.

The Cultural Interest Verification procedure can result in the issuance by the Ministry for Cultural Heritage and Activities of a protective measure (known as a “preservation order”) or, in the event of a rejected application, with a declaration stating that the asset is not subject to protection.

This decision, which stems from the assessment made by the Regional Commission for Cultural Heritage based on the investigation conducted by the Superintendency, is notified to the owner who must carefully preserve it.

What cannot be done before the procedure is completed?

Until the conclusion of the procedure, assets subject to Cultural Interest Verification are subject to specific protective measures. Before the procedure is terminated, it is therefore preferable to refrain from any intervention on the asset that could alter its characteristics or compromise its integrity.

In particular, it is advisable to avoid:

• Carrying out restoration or maintenance work: even minor interventions could be considered incompatible with the conservation of the asset.
• Demolishing or dismantling the asset: any substantial modification to the state of the place could compromise the evaluation of the cultural interest.
• Alienating the asset: the sale or donation of the asset could be subject to the outcome of the verification.

These precautions are advisable because not only could unauthorized modifications make it difficult or impossible to objectively assess the asset’s value, but also because anyone making unauthorized changes to an asset under review may face administrative or criminal penalties.

Can I sell a property that has been declared of cultural interest?

A property protected by the Codice Urbani is, in principle, inalienable. This does not mean that it cannot be sold in any way, but that, to do so, a specific procedure must be followed:

• Request for authorization from the Superintendency: following this request, the Superintendency will assess whether the sale is compatible with the purpose of protecting the property.
• Right of first refusal: in some cases, the State or other public entities may exercise the right of first refusal, purchasing the property under the same conditions proposed by the private buyer.

In conclusion, the Verification of cultural interest is a fundamental procedure for protecting Italy’s cultural heritage. Respecting the limitations provided during the procedure is a way to contribute to the safeguarding of properties of historical and artistic interest.

Please note that the information provided here is for informational purposes only and does not constitute legal advice. The cultural interest verification process, as well as the sale of a cultural property, are complex processes that require specialized legal advice.

If you would like personalized legal assistance, please write to us at: info@fiatlux.legal. Our experts will be happy to assess your situation in detail and assist you with the necessary procedures.