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THE BUFFER ZONE AND THE PRESERVATION OF CULTURAL HERITAGE: THE SPANISH CASE Dr. Luis Anguita Villanueva I.- INTRODUCTION: A HISTORICAL OVERVIEW The use of buffer zones in Spanish legislation regarding the protection of the patrimony originates in the protection standards that were established at the beginning of the twentieth century for monuments and historical areas. Article 21 of the Real Decreto- Ley of August 9, 1926, about protection and conservation of artistic richness declared that in cities and towns which are totally or partially declared as, or that are included in, artistic national treasures, there will be protection by way of the city plans. Circles were to be drawn around those places where development was limited, with different colors for artistic or historic buildings, places, streets, squares, picturesque locations and central plazas. No development could take place without the authorization of the central authorities or the provincial authorities. Later on, the Law of 13th of May 1933, article 33, and the Decreto of 16 of April 1936 confirmed complete protection of immovable cultural goods through “protection areas”, Spain’s first regulation of buffer zones. II.- CULTURAL GOODS WITHIN LAW 16/1985 Law 16/1985, dated 25 June, regarding the Spanish Historical Heritage (Official State Bulletin of 29 June 1985) is the standard for the protection of cultural goods at the federal level. In this law, we find written in the Preamble that Spanish Historical Heritage has been the main witness to the historical contributions made by Spaniards to universal civilization and to its contemporary creative capacity. The protection and enrichment of the property forming this heritage are fundamental obligations that are binding for all public authorities, in compliance with the mandate addressed to them by article 46 of the Spanish Constitution. This general principle regarding Spanish Cultural Heritage is further explained in the text of the law, which creates different levels of protection for cultural goods. 1.-Cultural Interest Goods. 2.-Cultural Goods included in the General Inventory. 3.-Other Cultural Goods. Only for those goods within the first level does Law 16/1985 offer the possibility of having a buffer zone or area of protection, given their importance within the Spanish Historical Patrimony. This first level is made up of natural immovable goods. The second level includes natural movable goods. The third level is left as a residual category that refers to certain goods and general obligations of conservation and protection that Law 16/1985 imposes. Within natural immovable cultural interest goods, Law 16/1985 defines the following: 1. Monuments comprising architectural or engineering works, as well as colossal sculptures, shall be monuments provided they are of historical, artistic, scientific or social interest. 2. A Historical Garden is a delimited area resulting from the organisation of natural elements by man, sometimes complemented by constructions, and considered of interest because of its origin or historical past, or because of its aesthetic, sensory or botanical value. 3. A Historical Area is a group of immovable properties forming a continuous or dispersed unit of settlement, within a physical structure representing the development of a human community in that it testifies to its culture or has value for public use and enjoyment. A historical unit is also any individualized group of properties included in a larger population unit that have the same characteristics and that can be clearly delimited. 4. A Historical Site is a place or natural landscape linked to events or memories of the past or to popular tradition, as well as cultural or natural creations and man-made works having historical, ethnological, paleontological or anthropological value. 5. An Archaeological Area is a place or natural landscape where there are movable or immovable properties that can be studied using archaeological methodology, whether or not they have been excavated and regardless of whether they are to be found on the surface, underground or below Spanish territorial waters. III.- CULTURAL INTEREST GOODS AND BUFFER ZONES Proceedings declaring Cultural Interest Goods must define them clearly. In the case of immovable properties, it is necessary to delimit a buffer zone affected by a designation and, where appropriate, to define and list the component parts, as well as any belongings and accessories included in the declaration. The proceedings declaring Cultural Interest Goods determine the complete legal rules to define a cultural property that is an immovable cultural good. See the Annexes for examples of how the rules are joined a topographical map. What is a buffer zone in the Spanish legal system? It is a physical space that surrounds the Cultural Interest Good without having its own cultural value. Its mission is to provide suitable space for the conservation, protection and contemplation of a Cultural Interest Good. The legal rules governing buffer zones are spread around Law 16/1985 regarding the Spanish Historical Heritage. We can describe the most important guidelines within the law: a) Both Cultural Interest Goods and Buffer Zones are one unit: An immovable property declared to be of cultural interest is inseparable from its surroundings. It cannot be displaced or moved unless this is essential for reasons of force majeure or social interest. b) Under all circumstances, authorisation must be obtained from the Administration for any activity on Buffer Zones: With Cultural Interest Goods, no internal or external building work may be carried out that will directly affect the building or any of its parts or belongings without express authorisation from the Administration responsible for enforcement of Law 16/1985. The same authorisation is necessary for placing any type of sign or symbol on facades or roofs and for carrying out any work in the surrounding area covered by the declaration. c) Urban and Rural Planning can fulfil the role of Buffer Zones: the Plan for the protection of a historical unit may allow urban remodelling but only when this implies an improved relationship with the territorial or urban surroundings or avoids any use that is damaging for the unit. d) Benefits are also for the Buffer Zones: The budget for any public works that are financed completely or partially by the State shall devote at least 1% of the funds provided by the State to financing work on the preservation or enrichment of the Spanish Historical Heritage or for promoting artistic creativity, preferably on the actual site of the work or in its immediate surroundings. IV.- SOME EXAMPLES OF BUFFER ZONES IN WORLD HERITAGE MONUMENTS a) Buffer zones in urban area: Works of Antonio Gaudi in Barcelona. ANNEXE 1 b) Buffer zones in rural area: San Millan, Yuso and Suso Monasteries ANNEXE 2 c) Problems with the buffer zones and World Heritage Goods: the special case of The Route to Santiago. ANNEXE 3 . where there are movable or immovable properties that can be studied using archaeological methodology, whether or not they have been excavated and regardless. aesthetic, sensory or botanical value. 3. A Historical Area is a group of immovable properties forming a continuous or dispersed unit of settlement,