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517122019001 EE

General Criteria for State Protection of Monument Classes and Heritage Conservation Areas and Value Classes of Structures Located on Heritage Conservation Areas

10 Articles / Provisions · Estonia
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Kultuuriminister — General Criteria for State Protection of Monument Classes and Heritage Conservation Areas and Value Classes of Structures Located on Heritage Conservation Areas — RT V, 2019, 1

(1) The regulation provides for the general criteria necessary for the assessment of the prerequisite for state protection specified in the Heritage Conservation Act for monument classes and heritage conservation areas, and the value classes of structures located on heritage conservation areas.

(2) An object or an area can meet several criteria but does not have to meet every criterion. Criteria can hold different importance.

Kultuuriminister — General Criteria for State Protection of Monument Classes and Heritage Conservation Areas and Value Classes of Structures Located on Heritage Conservation Areas — RT V, 2019, 1

The criteria for the assessment of state protection of monuments and heritage conservation areas, which are applied to all monument classes, are

1) significance – shall be assessed in a critical comparison with another analogous object or area whereby a higher value, importance or significance is established. Significant objects have a decisive role in comparison with the regular;

2) selectivity – in case of numerous objects or areas of the same type, the objects that are more representative, better preserved and with cumulative value shall be protected. An attempt to establish state protection means a comprehensive representation of eras, typologies, different practices, expressions and values of human creation, where the objects or areas placed under state protection represent the more valuable part of cultural heritage;

3) preservation of original substance – preservation of the original design and material of the object shall be taken into account. The maximum preservation of the original substance is important but the cultural value can also be the higher the less the original substance is preserved;

4) technical condition – an important circumstance enabling the use of an object or area. Upon the application of protection, cultural value as a whole is more important than the technical condition and a bad condition is not a counterargument against placement under protection.

Kultuuriminister — General Criteria for State Protection of Monument Classes and Heritage Conservation Areas and Value Classes of Structures Located on Heritage Conservation Areas — RT V, 2019, 1

The criteria for the assessment of state protection of historical monuments are

1) importance in the historical process – the connection of the structure with important historical processes and events at the level of Europe, Estonia or a region or with the events having played an important role in the Estonian history shall be assessed (buildings connected with the creation of the Republic of Estonia or in which governmental authorities such as the Riigikogu, government, local governments and constitutional institutions have been located) or which holds significance in the development of a community (buildings associated with national awakening, cultural, communal or economic joint activity, community houses and cooperative buildings built pursuant to joint activity) or in the organisation of education (school buildings, including the main buildings of the first institutions of higher education in Estonia, which have played an important role in the development of the society). In a relevant case, the connection with important processes in the history of architecture shall be highlighted;

2) connection with historical events or social processes – monuments, memorials, decorative sculptures or other facilities of historical, artistic and cultural value, which have preserved in its original location;

3) connection with the War of Independence – battlegrounds, burial grounds of people fallen in the fight for the independence of Estonia, restored memorial monuments of the War of Independence;

4) connection with World War I or II (burial grounds) or forest brothers;

5) connection with distinguished educational, cultural, economic, science or state figures who have played an important role in the Estonian history (burial grounds, graves, headstones);

6) connection with the development of cemetery culture – churchyards where historical facilities, greenery elements and/or headstones characteristic to a churchyard have preserved; cemeteries established after the burial prohibition in churches and churchyards in 1772, where historical facilities, greenery elements and/or headstones characteristic to a churchyard have preserved; grave facilities, markers and borders, chapels with a historical, artistic or artisan value;

7) connection with social or heritage traditions;

8) partially or completely underwater location of an object, which emphasises the preservation conditions created by an underwater environment and the special experience provided by the environment (landing sites );

9) the authenticity, technical condition and preservation of an object or place shall be taken into account upon the assessment of clauses 1)–8).

Kultuuriminister — General Criteria for State Protection of Monument Classes and Heritage Conservation Areas and Value Classes of Structures Located on Heritage Conservation Areas — RT V, 2019, 1

The criteria for the assessment of the prerequisite for state protection of archaeological monuments are

1) the age and location – location of an object carrying or including historical knowledge and dating from the Antiquities, Middle Ages and/or Modern Era, which exhibits the diversity and layers of time;

2) scientific value and uniqueness of data – an object or area is comprised of an archaeological layer which may include the remains of construction, wrecks, human and animal bones, archaeological finds, including tools and utility articles, remains or production and similar, or comprised of natural objects or depositions, which include archaeological finds, human and animal bones or other scientific information which cannot be obtained from other sources. The objects are of significant importance upon researching, understanding and interpreting the past of human society;

3) outstanding and special character – an object is an outstanding landscape element or the features characteristic to the type of the object are especially vividly expressed. As a historical heritage or landscape element an object can be treated as a social or communal place with a wider meaning;

4) continuity of function – the original and modern uses of the object coincide;

5) reflection in literary sources and educational value – a object on which there is available written documented historical evidence or other literary sources, including historical maps and on which a source-critical analysis has been performed; also an object of cultural value which has been researched as a whole or in major part but which has been considerably reconstructed as a whole or in part due to scientific research;

6) preservability – preservation of the object in the original location is preferred;

7) partially or completely underwater location of an object, which emphasises the preservation conditions created by an underwater environment and the special experience provided by the environment (remains of a submerged water-, air- or other craft together with the cargo, furnishings and utilities; submerged ancient habitats, burial places and other).

Kultuuriminister — General Criteria for State Protection of Monument Classes and Heritage Conservation Areas and Value Classes of Structures Located on Heritage Conservation Areas — RT V, 2019, 1

The criteria for the assessment of the prerequisite for state protection of architectural monuments are

1) the age

– older than 1710 – very few structures from the period before the Northern War have preserved. All structures the majority of structural body of which originates from this period shall be generally designated as monuments;

– 1710–1870 – structures dating from the period before the industrial revolution and railway are rare and a majority of structures from this period are placed under state protection;

– 1871–1991 – relatively many structures from the Tsarist period following the industrial revolution and from the first period of independence of the Republic of Estonia have preserved, numerous buildings have preserved from the Soviet Union period and therefore only the most important examples thereof shall be placed under state protection;

– after 1991 – a building shall be placed under state protection only in case of a very outstanding architectural value, author and cumulative cultural value;

2) architectural value – architecture or landscape architecture of outstandingly high quality; high level of structural, technical engineering and material handling design;

3) preservation – the architectural solution and structures at the time of erection have preserved in the integrity as much as possible, the later additions complement the original;

4) authenticity – preservation of the original architectural solution and original substance, integrity of additions reflecting the development and use of the structure;

5) preservation of the interior or fittings – in case of residential or social buildings, the presence and preservation of an integral interior design, and in case of industrial buildings, the presence and preservation of corresponding fittings shall be taken into account;

6) functional continuity – the structure carries on its original function or a function that makes the building valuable, which supports the preservation of the structure. In case of lack thereof the general potential of use shall be taken into account;

7) rarity – the building is an outstanding example of a relevant type, era or building style, master skills, use of material, technology or other such in a certain area (Estonia, county, settlement);

8) typicality – typical representative of a previously common building type. In case of typical examples, the best preserved objects shall be established in comparison with the analogous;

9) technological innovation – first examples of the development of architecture and construction technology;

10) preservation of the surrounding historical spatial (urban or landscape) environment – structures that have preserved in a supporting environment shall be preferred. The presence of characteristic long distance and close views (if the object has been planned in a certain architectural environment) or the lack of viewability (if the original purpose of the object did not assume viewability (refuges, military heritage, places associated with forest brothers)) may be important;

11) integrity or an ensemble – the structure belongs into an integral set of structures which forms an ensemble, an important part of a technological whole in case of industrial buildings or is part of a set in case of a military facility. In a relevant case, if the object is a part from a larger whole, it shall be evaluated whether the whole has preserved and whether the structure in the whole is irreplaceable;

12) outstanding impact or symbolic meaning – the structure is associated with the formation of settlement in the relevant location, the planning and development thereof and holds a significant meaning upon the formation of local character and building tradition. The building is a well-known symbol or an outstanding landmark in terms of its context, part of location memory and identity of a community;

13) importance in a historical process – the structure is a significant structure or facility in terms of its protection purposes;

14) connection with distinguished persons – the structure has been designed by a distinguished architect, landscape architect, engineer or building master. The author(s) of the building belong(s) amongst the distinguished representatives of Estonian architectural history and the structure among the best of the author’s work. Connection of the structure with other historical persons is an additional value;

15) partially or completely underwater location of an object, which emphasises the preservation conditions created by an underwater environment and the special experience provided by the environment (harbour sites, bridges and other);

16) upon designation of a park or another object of landscape architecture as a monument, the spatial structure, composition and the elements thereof, small architectural forms and park structures, water bodies, value and species of the forest stand and the system of views shall be taken into account.

Kultuuriminister — General Criteria for State Protection of Monument Classes and Heritage Conservation Areas and Value Classes of Structures Located on Heritage Conservation Areas — RT V, 2019, 1

The criteria for the assessment of the prerequisite for state protection of art monuments are

1) rarity – the object has historical, aesthetic, scientific or social importance and due to its age, type, origin, material, iconography, preservation or other feature is unique or is one of the few known or preserved examples;

2) artistic value – the high-level artistic performance of the object and significance in cultural history shall be taken into account;

3) origin – the connections of the object with the location and whether ownership relations are known shall be taken into account;

4) age – the known age of the object shall be taken into account. In Estonia, objects from the Middle Ages and Early Modern Age can be deemed to be very valuable in terms of findability;

5) preservation and integrity – the extent to which the original substance has preserved or is replaced or replaceable in the course of restoration shall be taken into account;

6) belonging into set of objects – it shall be taken into account whether the object belongs into a purposefully created or originated set of objects (e.g church inventory, furniture set, set of dishes and other);

7) manufacturer of the object – it shall be taken into account whether the manufacturer is important in terms of the object and whether the master or company is detectable (based on markings, preserved catalogues, style criticism or other similar);

8) partially or completely underwater location of an object, which emphasises the preservation conditions created by an underwater environment and the special experience provided by the environment;

9) usability – it shall be taken into account whether the object is used for the original purpose or as a museum object, thereby the first one being more valuable.

Kultuuriminister — General Criteria for State Protection of Monument Classes and Heritage Conservation Areas and Value Classes of Structures Located on Heritage Conservation Areas — RT V, 2019, 1

The criteria for the assessment of the prerequisite for state protection of historical natural sacred sites are

1) the age – the beginning of active use of an object or area has been assessed to be earlier than 20th century based on source criticism;

2) presence of written and/or traditional data – there are historical data available on the object or area referring to sacrifice, worship, healing, praying or other religious or ritual activity, including archival sources and historical maps on which source-critical analysis has been performed, and archaeological, ethnological and folklore research organised by educational, research and development institutions engaged in scientific research;

3) continuity of traditions or customs – information on the cultural and/or historical religious background on the object has preserved in the community, regardless of the present use of the object.

Kultuuriminister — General Criteria for State Protection of Monument Classes and Heritage Conservation Areas and Value Classes of Structures Located on Heritage Conservation Areas — RT V, 2019, 1

The criteria for the assessment of the prerequisite for state protection of technical monuments are

1) rarity – an object that has historical, aesthetic, scientific-technical or social importance and which due to its age, type, origin, material, manufacture technology, preservation, area of manufacture etc is unique or is one of the few known or preserved items. This may apply both to one of a kind and serial products;

2) age – the age of the object shall be taken into account and also the findability and preservation of analogous objects according to the age;

3) origin – the connections of the object with the location (e.g the fittings and machinery of industrial companies) shall be taken into account or whether ownership relations (e.g in case of a means of transportation) are known. It is also important whether there is information on the manufacturer of the object and the place of manufacture;

4) connection with distinguished persons in history – objects that belonged to well-known historical persons (e.g means of transportation, weapons);

5) connection with the development of science, technology and production – objects characteristic of certain eras, historical production processes and other, reflecting the development of engineer thinking (e.g objects connected with narrow-gauge railway in Estonia, weapons, military equipment, fittings of industrial companies, tools);

6) partially or completely underwater location of an object, which emphasises the preservation conditions created by an underwater environment and the special experience provided by the environment.

Kultuuriminister — General Criteria for State Protection of Monument Classes and Heritage Conservation Areas and Value Classes of Structures Located on Heritage Conservation Areas — RT V, 2019, 1

The criteria for the assessment of the prerequisite for state protection of heritage conservation areas are

1) the historical environment has preserved – witnesses the settlement, architectural and cultural historical and social processes having taken place over time. The historical settlement pattern, structure of streets and/or plots or land parcels can be observed well on the area;

2) concentration of monuments and/or valuable structures and other objects formed under human impact on the area – domination of a historically developed architectural tradition (architectural style, building volumes and the structure thereof, building and finishing materials, elements of architecture and city space and small forms) on the area;

3) an archaeological layer and the building structures, details or elements that deserve to be preserved therein;

4) traditional landscapes, including landscaping types and green areas characteristic of the area, open landscapes, valuable natural objects and landscape elements;

5) integrity – the housing comprises an integral urban aggregate and milieu, which can be perceived as a whole and comprises a meaningfully connected environment.

Kultuuriminister — General Criteria for State Protection of Monument Classes and Heritage Conservation Areas and Value Classes of Structures Located on Heritage Conservation Areas — RT V, 2019, 1

(1) Structures located on a heritage conservation area are divided into three value classes

1) very valuable structure;

2) valuable structure;

3) other structure.

(2) A very valuable structure is

1) a structure that describes the heritage conservation area or the development thereof and/or that has formed the building tradition thereof and/or a structure of outstanding impact. The architectural value, urban impact or belonging into urban whole, age, rarity, typicality, authenticity and symbolic meaning may be taken into account upon designation of a value class;

2) a structure that has preserved with the interior of the time of construction and that is original in the main part or with a later outstanding interior in terms of architectural history. In case of an industrial building, the original fittings corresponding to the function have preserved. A historical structure that has not been researched, with minimum previous intervention and little existing knowledge and the accumulation of other values of which allows to assume that the interior is valuable.

(3) A valuable structure is a structure that characterises the heritage conservation area and/or that has formed the building tradition thereof and/or that has influenced the development thereof and/or a structure of outstanding impact. The architectural value, urban impact, age, rarity, typicality, authenticity and symbolic meaning shall be taken into account upon designation of a value class.

(4) Other structure is a structure located on a heritage conservation area which does not meet the criteria described in subsections (2) and (3) of this section.

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