Poland's heritage protection law changes insufficient, ministry prepares more

Poland's efforts to protect its vast historical heritage, encompassing 80,000 registered monuments and an estimated 400,000 more in municipal records, are hampered by a dual deficit: inadequate legislation and insufficient funding. This challenging landscape deters potential investors, who often shy away from projects involving historically protected sites due to perceived risks and bureaucratic hurdles.

To address these issues, the Ministry of Culture and National Heritage has introduced a new amendment to the Law on the Protection of Monuments and Care for Monuments, effective June 3. The amendment seeks to streamline procedures for businesses while maintaining protection standards for valuable historical objects. Key changes include consolidating two decisions into one for tree and shrub removal on registered monument sites and allowing notifications instead of full permits for certain works. These works can include renovations in the vicinity of monuments, changes in their designated use or how they are utilized, and the installation of advertising or signage.

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When a domestic or foreign investor hears that a property is subject to conservation protection, they immediately lose interest. Too much risk.

A significant procedural change is the introduction of "silent approval." If a conservation officer does not object to a notification within 60 days, investors can proceed with their plans. However, conservationists express concern that this timeframe is too short for understaffed offices. They fear an influx of applications, particularly for pre-emptive certificates, which could paradoxically lead to more rejections. Dr. Żaneta Gwardzińska-Chowaniec, secretary-general of the Association of Monument Conservators, highlighted that many regional offices suffer from significant staff shortages, with single employees overseeing hundreds of sites. This situation, coupled with limited resources, makes the 60-day deadline potentially unworkable and could hinder effective monument protection.

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The assessment of proposed legislative solutions should consider the actual state of functioning of conservation services in Poland. We have observed significant staff shortages in provincial offices for years – one person often oversees several hundred objects, with limited organizational and technical resources. In such conditions, the statutory 60-day period for taking a position may prove insufficient.