Article 87
Violation of Prior Consent
Where work referred to in Article 80 above is undertaken without prior consent, the
competent national authority, once it has become aware of such fact, shall order the
immediate suspension of the work and restoral to the previous state, at the expense of the
offenders, of the cultural property for which it is responsible or which it supervises, until the
property has fully recovered its identity.
Article 88
Unlawful Disposal of Materials or Fragments
(1) The disposal of materials or fragments that have been unlawfully removed from a
cultural property that has been classified or listed in the inventory, or any act by which the
possession or holding of such materials or fragments is transferred to third parties, shall be
invalid.
(2) Such third parties, who shall be jointly responsible with the owners for the return of
any such materials or fragments supplied to them, may not claim any indemnity from the
State.
(3) The indemnity due under Article 90(1) below may be applied for and paid only if,
within the year following the date of declaration, there has been no amicable agreement on the
expropriation indemnity or no court expropriation decision.
Article 89
Protection of Classified Immovable Property
(1) No building may be erected at a classified site or contiguous with a classified
building; no conventional easement may be agreed with respect to classified property without
the consent of the competent national authority.
(2) Legal easements such as to degrade property shall not apply to immovable property
that has been classified or listed in the inventory.
(3) Any classified site within an urban development plan shall constitute an
unconstructible zone.
(4) Subject to the penal and administrative sanctions provided in such matters, the
posting of bills and installation of extraneous advertising devices shall be prohibited on
classified monuments and, where appropriate, in the vicinity as determined, in each case, in
the prescribed manner.
Article 90
Classification Conditions
(1) The classification of property may give rise to payment of an indemnity to make
good any prejudice arising therefrom.
(2) The administrative acts of classification shall lay down the classification conditions
by amicable agreement.
(3) Failing the owner’s consent, classification shall be given ex officio. Claims for
indemnities shall be submitted to the competent national administration within six (6) months
of notification of the act of ex-officio classification, on pain of foreclosure. Disputes
concerning the principle or the amount of the indemnity shall be brought before the
jurisdiction within whose competence the property classified ex officio is situated or held.