Having a building classified as national cultural heritage

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Buildings may be classified as national cultural heritage. They must have specific characteristics and meet scientific criteria defined and listed in the law of 25 February 2022.

The building must:

  • be authentic, i.e. have retained features from the period in which it was built; and
  • only have undergone a few modifications, if any.

It must also meet other criteria such as type (a property with recognisable original functions and uses), rarity and period of construction (a property that has retained and transposed the artistic style or spirit of the period in which it was built).

Who is concerned

For communes that have not yet been inventoried by the National Institute for Architectural Heritage (Institut national pour le patrimoine architectural - INPA) and that have not yet been subject to a Grand Ducal regulation on classification, an application for the classification of a building as national cultural heritage can be submitted by:

  • the owners of the building;
  • the commune on whose territory the building is located;
  • any individual;
  • a non-profit association whose corporate purpose is the preservation of heritage or the promotion of building culture;
  • the cultural heritage commission (commission pour le patrimoine culturel - COPAC).

How to proceed

Buildings located in a commune that has not yet been subject to a Grand Ducal classification regulation can be classified as national cultural heritage.

Similarly, for any building defined by a general development plan of the commune as a building to be preserved, its owner must inform the Minister of any project concerning the total or partial demolition or conversion, at the latest when the application for a building or demolition permit is submitted.

This obligation to provide information remains in force until the inventory of the architectural heritage of the commune in which the building is located has been published.

Once informed, the Minister may, within 3 months, initiate a procedure for the individual classification of the building in question in accordance with the classification procedure set out below. After this period, the project is deemed to have been approved.

Application for classification

With regard to communes not yet inventoried by the INPA and which are not yet subject to a Grand Ducal classification regulation, you must submit a classification application to the Minister for Culture.

You must state:

  • if you are a private individual: your surname(s) and first name(s), profession, date and place of birth, and private address;
  • if you are acting on behalf of a legal person: the company name, legal form, address of its registered office and its registration number in the Luxembourg Trade and Companies Register (RCS);
  • information about the location of the building:
    • the exact address: commune, town/city, street, street number or the place of the lieu-dit (named place), the local or national road; and
    • the cadastral number.

You must include the following supporting documents with your application:

  • photos of the building;
  • a text describing the property and the why it should be classified as architectural heritage;
  • any other item or document in support of the application.

Within one month of receiving your application for protection, the Minister will send you:

  • if the file is complete: an acknowledgement of receipt;
  • if the file is incomplete: a notification to this effect and details of the missing documents or information.

Visiting the building

From the date of the application for classification and throughout the classification procedure, agents from the National Institute for Architectural Heritage (INPA) may visit the building concerned with the prior written consent of the owner. In the absence of such consent, a visit may be authorised by the president of the district court responsible of the district in which the property is located.

Notification to owners

When the Minister decides to initiate the classification procedure, they shall notify the owners by registered letter of their intention to classify the property. The owners then have 3 months from the date of the notification to respond and submit their observations.

This notification shall:

  • list the conditions and effects of classification; and
  • inform the owners of their right to the possible payment of compensation for any damage that may result from the easements and obligations of classification as national cultural heritage.

The cultural heritage commission and the communal council of the commune in which the buildings are located must give their opinion within 3 months of the notification of the intention to classify the property as national cultural heritage. After this 3-month period, the intention to classify is deemed to have been approved.

From the day on which the Minister notifies the owners concerned of the intention to classify the building, all effects of the protection apply automatically to the buildings concerned. The effects of the protection cease to apply if the protection measure is not implemented within 9 months of this notification.

Classification decision (transitional regime)

The decision to classify a building as national cultural heritage must be taken by the Minister no later than 9 months after notification of their intention to classify it. After this period, the procedure becomes null and void.

The classification order is notified by registered letter:

  • to the owners concerned; and
  • to the person who submitted the application for protection.

Consistent protections are being considered by the Ministry of Culture on the basis of the architectural heritage inventory that the INPA is in the process of compiling for the entire country, commune by commune.

Classification procedure

The classification procedure entails several stages.

  1. Following the architectural heritage inventory carried out by the INPA for a commune, the Minister, on the basis of an opinion issued by the cultural heritage commission, makes a proposal for the classification of buildings in the commune in question, which are inventoried as national cultural heritage. At the same time, the Minister may also propose the creation of a protected area of national interest.
  2. The Government Council validates this proposal by approving a preliminary draft of a Grand Ducal regulation.
  3. A public inquiry procedure is initiated to allow citizens and the commune to submit their opinions and comments:
    • the Minister for Culture transmits to the commune concerned a preliminary draft of a Grand Ducal regulation classifying the site as national heritage and creating a protected area of national interest;
    • 7 to 15 days after the date of transmission, the Minister publishes a notice in 2 Luxembourg daily newspapers;
    • 15 days after transmission:
      • the preliminary draft Grand Ducal regulation is published on the national portal for public inquiries;
      • the commune concerned posts the preliminary draft on public notices and publishes it on its website for 30 days;
    • within 45 days of the date of publication on the portal for public inquiries and the public posting in the commune, interested parties may submit contributions to the classification project and, where applicable, to the creation of protected areas of national interest:
      • either via an electronic assistant on MyGuichet.lu;
      • or directly to the college of mayor and aldermen, which in turn informs the communal council and requests their opinion;
    • no later than 3 months after the expiry of the 45-day period from the date of publication, the contributions and the opinion of the communal council are forwarded to the Minister for Culture.
  4. Following the public inquiry, the preliminary draft of the Grand Ducal regulation on classification is analysed and, if necessary, adapted on the basis of the contributions and opinion of the commune.
  5. Finally, the Government Council adopts the preliminary draft of the Grand Ducal regulation and publishes it in the official journal.

Effects of classification

The effects of classification as national cultural heritage are as follows:

  • the owner shall ensure the conservation of their classified building;
  • any repair, restoration or modification work, other than maintenance, to be carried out on the exterior or interior of a building classified as national cultural heritage requires the written authorisation of the Minister;
  • no new construction may be attached to a building classified as national cultural heritage without the written authorisation of the Minister;
  • you must submit a written application for authorisation to carry out work to the Minister before the planned start of such work;
  • authorised work shall be carried out under the supervision of the National Institute for Architectural Heritage. The owner of a building classified as national cultural heritage may receive assistance with project management.

The cultural heritage commission may be consulted for its opinion. The Minister for Culture's response shall be sent to the interested party within 4 months of receipt of the application for authorisation. After this period, the application shall be deemed to have been approved.

The work is carried out under the supervision of the National Institute for Architectural Heritage.

A subsidy for the restoration and enhancement of buildings that are of historical, architectural, artistic, scientific, technical or industrial interest, that have retained their typical or historical character, and are subject to national or communal protection measures, may be requested by:

  • communes;
  • associations of communes;
  • associations; or
  • any other natural or legal person.

A national protection measure is defined as the classification of a building as national cultural heritage or the inclusion of a building in a protected area of national interest.

A communal protection measure is defined as the inclusion of a building to be preserved in a protected area of communal interest that is included in the commune's general development plan (PAG).

If the building does not benefit from a national protection measure, the applicant can produce a certificate from the communal administration which proves the communal protection measure for the building on which the works are planned.

The works must contribute to the conservation or restoration of the original appearance of the building.

Eligible works are:

  • facade works;
  • roofing works;
  • sheet metal works;
  • structural works;
  • locksmith works;
  • installation of windows;
  • restoration or replacement of doors;
  • various works aimed at preserving the historical substance.

The subsidy may also be used to finance:

  • scientific analyses; or
  • architectural and engineering works for the conservation or restoration of the historical substance.

Eligible works can be subsidised as follows:

  • up to 25 % of expenses incurred for buildings that are protected at the communal level, not classified as national cultural heritage and not integrated in a protected area of national interest;
  • up to 50 % of expenses incurred in the case of a building classified as national cultural heritage;
  • over 50 % of expenses incurred for buildings that are classified as national cultural heritage and on the basis of an opinion issued by the cultural heritage commission (commission pour le patrimoine culturel).

You must submit your subsidy application to the National Institute for Architectural Heritage:

  • before the start of the work;
  • using the form provided by the INPA.

You must also enclose the following documents with your application:

  • photos showing all sides of the building to be restored;
  • where applicable, depending on the work planned, plans of the project.

Advertising

Any advertising (inscription, image, shape, sign, or light or sound source) placed on a building classified as national cultural heritage is subject to prior authorisation by the Minister.

You must submit your application for authorisation to place advertising on a building classified as national heritage to the Minister for Culture:

  • by registered letter; or
  • by hand delivery with acknowledgement of receipt.

You must enclose the following supporting documents with your application:

  • a detailed explanation of the reasons for the request, as well as a list of the business signs and advertising banners already affixed to the building or placed on the land, with precise details of their dimensions, location and, where applicable, the date of authorisation;
  • an extract from the cadastral map with precise details of the location of the building;
  • a graphic representation of the existing or planned building, indicating the intended location of the advertisement;
  • a graphic representation, to scale, of the advertisement, with precise details of the text, design and execution, materials, colours, brightness, intensity and sound;
  • recent photographs of the facade or the intended location.

The Minister may seek the opinion of the cultural heritage commission (COPAC) before making a decision. This decision shall be communicated to the interested party within 3 months of receipt of the application for authorisation to carry out advertising work. After this period, the application shall be deemed to have been approved.

Placing advertising on a classified building shall be refused if the advertising is detrimental to its conservation, protection or enhancement.

Any advertising installed in violation of the law shall be removed and the premises shall be restored to its previous condition.

Note: this procedure does not apply to advertising located inside premises, unless:

  • the premises are used primarily as an advertising medium; or
  • the advertisement's message is directed towards the outside of the premises.

Declassification

A building classified as national cultural heritage may, after consultation with COPAC, be declassified, in whole or in part, by order of the Minister.

The declassification procedure may be initiated at the request of:

  • the Minister; or
  • the owners; or
  • COPAC; or
  • the commune in whose territory the building is located.

The declassification order:

  • is notified:
    • to the owner of the property; and
    • to the person who requested the declassification;
  • is transcribed by the Minister at the mortgage registry office responsible for the region where the building classified as national cultural heritage is located.

Who to contact

2 of 5 bodies shown

National Institute for Architectural Heritage (INPA)

Address:
26, rue Münster L-2160 Luxembourg Luxembourg
Phone:
(+352) 247 86 650
Phone:
(+352) 247 86 652
Fax:
(+352) 46 17 79
Email address:
info@inpa.etat.lu
Website:
https://inpa.public.lu/fr.html

Related procedures and links

Procedures

Links

Legal references

  • Loi du 25 février 2022

    relative au patrimoine culturel

  • Règlement grand-ducal du 9 mars 2022

    déterminant les modalités de saisine et les documents à joindre à la demande de protection d’un bien culturel relevant du patrimoine mobilier comme patrimoine culturel national et les pièces à joindre à la demande d’autorisation d’opérations sur un bien culturel relevant du patrimoine mobilier classé comme patrimoine culturel national.

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