Situation:
The client was convinced that the heritage protection on their real estate was registered in a legally defective manner. However, the National Heritage Institute denied this, stating that the registrations were both factually and legally correct.
Client’s Request:
The task was to ensure the removal of heritage protection from the client’s specified properties.
Our Solution:
We conducted a thorough analysis of the historical context, expert literature, and case law of the Supreme Administrative Court. Since the legal regulation and the method of registering heritage sites in the heritage list changed during the existence of the properties, we also addressed the temporal aspects. We argued that the conditions of neither the previous nor the current legal regulations were met, and therefore the properties were not properly registered as heritage-protected. For this purpose, we filed a proposal for a ruling under Section 142 of the Administrative Procedure Code that the specified properties are not cultural monuments.
Result:
Only through an appeal to the Ministry of Culture were we able to prove that if no decision was issued and no registration was made under the previous legal regulations, then the property is not considered a cultural monument (such property was considered a cultural monument only until December 31, 1987).