Legislation on Portuguese cultural heritage

The protection of cultural heritage in Portugal rests on a legal framework built up over almost a century, which defines what heritage is, who oversees it and how it is classified, conserved and enhanced. At the top of the hierarchy stands Law no. 107/2001, of 8 September — the Framework Law on the policy and regime for the protection and enhancement of cultural heritage —, complemented by regulatory decrees and by the international conventions ratified by the Portuguese State. A knowledge of this legislation is indispensable for understanding the history of heritage institutions and the mechanisms of heritagization.

The Framework Law and its antecedents

The first modern instruments of safeguarding emerged in the 1930s, with decrees of 1932 and 1937 that organized the classification of monuments and created bodies of oversight. The first framework law in the strict sense was Law no. 13/85, of 6 July, which for the first time defined Portuguese cultural heritage as the body of goods, both material and immaterial, of recognized value for the permanence and identity of Portuguese culture.

That instrument was repealed by the current Law no. 107/2001, more ambitious in its scope: it covers architectural, archaeological, artistic, documentary, audiovisual and immaterial heritage, and enshrines the principle that to preserve, defend and enhance heritage is a right and a duty of all citizens. The law was subsequently subject to occasional amendments, while remaining the structuring reference for the entire system.

Classification and protection of immovable property

The Framework Law is an enabling law, so many of its principles only become effective through implementing legislation. The central instrument in this area is Decree-Law no. 309/2009, of 23 October, which establishes the procedure for classifying immovable property of cultural interest and the regime of special protection zones (ZEP).

Under this regime, a property may be classified in the categories of monument, ensemble or site — definitions aligned with international law — and, according to its degree of interest, as of national interest, of public interest or of municipal interest. The category of national interest corresponds to the historical designation of National Monument. Around classified properties, special protection zones may be defined to safeguard the architectural, urban and landscape setting. These degrees of protection are the legal framework that underpins the great majority of the monuments of Portugal recognized today.

The international conventions

Domestic legislation is articulated with a set of international conventions ratified by Portugal, which acquire binding force in the national legal order. The best known is the Convention concerning the Protection of the World Cultural and Natural Heritage, adopted by UNESCO in 1972 and ratified by Portugal through Decree no. 49/79, of 6 June; the country became a State Party in 1980 and saw its first inscriptions on the World Heritage List in 1983.

In the field of intangible heritage, the 2003 Convention for the Safeguarding of the Intangible Cultural Heritage applies, framing the inventorying and recognition of manifestations such as those described in intangible cultural heritage in Portugal. To these are added instruments of the Council of Europe, such as the conventions of Granada (architectural heritage), Valletta (archaeological heritage) and Faro (value of heritage for society), which complete the normative framework on which the safeguarding of Portuguese cultural heritage rests.