We provide comprehensive legal assistance in matters relating to heritage protection and restrictions on the exercise of property rights resulting from the designation of real estate under various forms of conservation protection.

We specialise in representing clients in administrative proceedings conducted by heritage conservation authorities, as well as in appeal and administrative court proceedings.

Proceedings before the Voivodeship Heritage Conservator

We represent clients in proceedings before the Voivodeship Heritage Conservator (Wojewódzki Konserwator Zabytków – WKZ), which are characterised by their specific nature and significant interference with the use of property.

In particular, we provide assistance in:

• obtaining conservation permits for construction works and works on listed properties,
• assessing planned investments from a heritage protection perspective,
• representation in proceedings concerning conservation orders and prohibitions,
• proceedings related to notifications of construction works concerning properties entered in the register of monuments.

We pay particular attention to cases where the Heritage Conservator exercises the right to object to notified works, which results in the obligation to obtain a permit and may effectively halt the investment.

Specific Appeal Procedure

Matters relating to heritage protection are subject to a specific appeal regime.

We represent clients in:

• appeal proceedings before the Minister of Culture and National Heritage,
• applications for reconsideration of decisions,
• proceedings before administrative courts.

We provide comprehensive support at every stage, including preparation of legal remedies and representation before authorities and courts.

Register of Monuments vs. Heritage Inventory

The scope of restrictions imposed on property owners depends significantly on the form of heritage protection.

We advise on and clarify the differences between:

Entry in the Register of Monuments

• constitutes the strongest form of protection,
• requires obtaining conservation permits,
• significantly restricts construction works and the use of the property.

Inclusion in the Heritage Inventory (municipal, district or regional)

• does not constitute entry in the register of monuments,
• produces different legal effects,
• impacts the investment process, particularly in administrative procedures (e.g. zoning decisions or building permits).

We emphasise that the degree of state interference with property rights varies depending on the form of protection, which is of key importance for investment planning and legal strategy.

Heritage Inventory – Specific Nature of Proceedings

Cases concerning inclusion of property in the heritage inventory differ fundamentally from register-based proceedings.

In particular:

• inclusion in the inventory is effected by a material-technical act,
• no formal administrative decision is issued,
• available legal remedies differ and require a tailored procedural strategy.

We have extensive experience in challenging the inclusion of property in the heritage inventory.

Removal from the Heritage Inventory

A particular area of our expertise is handling cases concerning the removal of property from the heritage inventory, including deletion of the so-called address card.

We provide assistance in:

• assessing the validity of inclusion in the inventory,
• preparing applications and legal arguments,
• representation before administrative authorities,
• conducting proceedings before administrative courts.

Our objective is to effectively eliminate unjustified restrictions on the use of property.

Our Approach

Heritage-related matters require specialised knowledge and experience in administrative law, construction law and cultural heritage protection.

We approach each case individually, taking into account both the property owner’s interests and the regulatory framework governing heritage protection.

We invite you to contact us to discuss your matter and determine the most appropriate legal strategy.