Procedure for issuing permissions for performing activities of protecting and preserving cultural goods

Permits to carry out work on the protection and preservation of cultural goods are issued pursuant to the Act on the Protection and Preservation of Cultural Heritage and the Ordinance on the Conditions for Obtaining a Permit to Carry out Work on the Protection and Preservation of Cultural Goods 

For which types of work is the permit issued

Article 2 of the Ordinance on the Conditions for Obtaining a Permit to Carry out Work on the Protection and Preservation of Cultural Goods provides a list of works on the protection and preservation of cultural goods that are carried out on the basis of the permit:

 1. Conservation and restoration research using invasive methods with the preparation of research reports
 2. Preparation of proposals for conservation and restoration procedures on a movable cultural good
 3. Performance of preventive conservation works on a cultural good according to one’s subspecialty
 4. Performance of conservation and restoration works on a cultural good according one’s subspecialty
 5. Preparation of conservation studies for an immovable cultural good
 6. Preparation of an architectural survey of an immovable cultural good
 7. Preparation of preliminary, main, and detailed designs for works on an immovable cultural good
 8. Works of designing the technical protection system on a cultural good.

To whom is the permit issued

The permit is issued to a natural person for whom professional qualification is determined, if it has not already been determined otherwise (professional title of restorer). Therefore, a permit need not be obtained by natural persons holding a professional title that entitles them to carry out restoration and conservation work of a specific subspecialty acquired under Article 101 of the Act on the Protection and Preservation of Cultural Heritage or the act governing museum activity.
The permit is issued without a time limit.

Permits are not issued to legal entities, considering the statutory presumption in force according to which legal entities already have a permit if they ensure the work of a natural person for whom professional qualification has been established, i.e. a person who has a permit or a corresponding professional title. This statutory presumption also applies to the sole proprietors who ensure the work of a natural person for whom professional qualification has been established as previously stated, in the event that the sole proprietor as a natural person does not have a permit for these types of work in terms of the Act on the Protection and Preservation of Cultural Heritage and the Act on Amendments to the Act on the Protection and Preservation of Cultural Heritage (official gazette “Narodne novine” no. 90/18).

Construction work contractors (execution of construction works on an immovable cultural good) no longer need to obtain a permit under the aforementioned Act and Ordinance. 

What are the legal consequences for permits that are already issued

1. Natural persons

Permits issued to natural persons for a limited time period pursuant to the Ordinance on the Conditions for Natural Persons and Legal Entities for Obtaining a Permit to Carry out Work on the Protection and Preservation of Cultural Goods (official gazette “Narodne novine”, nos. 74/03 and 44/10) for works prescribed in Article 2 of the new Ordinance shall remain in force.
Permits issued to natural persons pursuant to the Ordinance on the Conditions for Natural Persons and Legal Entities for Obtaining a Permit to Carry out Work on the Protection and Preservation of Cultural Goods (official gazette “Narodne novine”, nos. 74/03 and 44/10) for works not provided for in Article 2 of the new Ordinance shall be deleted from the Register upon their expiry.
For natural persons whose professional qualification to perform certain works is determined by a permit issued pursuant to the Ordinance on the Conditions for Natural Persons and Legal Entities for Obtaining a Permit to Carry out Work on the Protection and Preservation of Cultural Goods (official gazette “Narodne novine”, nos. 74/03 and 44/10) and whose permit has expired, the professional qualification shall not be determined anew in the event of submitting an application for issuing a permit, unless the conditions for revoking the permit from Article 14(1) of the new Ordinance have been met.

2. Legal entities

Permits issued to legal entities pursuant to the Ordinance on the Conditions for Natural Persons and Legal Entities for Obtaining a Permit to Carry out Work on the Protection and Preservation of Cultural Goods (official gazette “Narodne novine”, nos. 74/03 and 44/10) shall remain in force until their expiry.

Application submission procedure

An application for issuing a permit shall be submitted with the Ministry via a form (annex I and annex II)  in electronic form, including attachments, to the following e-mail address: pisarnica@min-kulture.hr.

 
Completed and signed forms shall be accompanied by a detailed list of all performed works for which a permit is requested, in separate reference lists for each type of work, pursuant to Article 2(1) of the Ordinance. In addition to the list, scans of project covers, studies and other documentation (in PDF format) can be enclosed, demonstrating the applicant's participation in the protection and preservation of cultural goods.

Persons who apply for conservation and restoration work, along with all the prescribed documentation, are required to enclose at least three studies for each subspecialty for which they are applying, for work they have performed after completing their studies, within a period of two years and under the supervision of the competent conservation department, or the Croatian Conservation Institute.

The decision granting the permit for the performance of work on the protection and preservation of cultural goods can be obtained by e-mail upon request, while it will also be delivered by registered mail as part of the regular procedure.

For additional information regarding work on immovable cultural goods contact: silvija.niksic@min-kulture.hr. For additional information regarding restoration and conservation work contact: branka.pintaric@min-kulture.hr.