The list of buildings of historic value

It is the Act that creates the official list of buildings and structures of historic or artistic value in Puerto Rico and states what appearing on it entails. For private property the consequence is a single big one: the permit rules of Act 374-1949 apply to it just as if it stood inside an old or historic zone. For Government or municipal property, the Act allocates custody, administration, repair and conservation, and requires approval and endorsement before any substantial alteration.

It concerns anyone who owns a private building or structure included in the list prepared and published by the Planning Board and the Institute of Puerto Rican Culture, because from that moment their property is subject to Act 374-1949. It also concerns Government agencies and municipalities holding historic buildings in custody, and anyone about to take part in repairing or altering one. The Act sets no inclusion criteria, describes no procedure for notifying the owner and no mechanism to object or to be removed from the list; it determines who decides, not how.

• The determination of which buildings and other structures are of historic or artistic value is made by the Planning Board with the advice of the Institute of Puerto Rican Culture (Article 1).Verified against the official source
• The provisions of Act 374-1949 apply to private buildings and structures included in the list as if they stood in an old or historic zone (Article 1).Verified against the official source
• No substantial alteration of a building or structure of historic or artistic value shall be carried out without the approval of the Regulations and Permits Administration and the endorsement of the Institute of Puerto Rican Culture (Article 3).Verified against the official source
• Delegating custody or administration of a Government historic building to another agency, instrumentality or municipality requires the prior acceptance of the recipient (Article 2).Verified against the official source

• The list of buildings and structures of historic or artistic value that the Planning Board and the Institute of Puerto Rican Culture prepare and publish for general knowledge (Article 1).

1. 1

   Step 1: Understand what this list is and who makes it

   Article 1 provides that the Planning Board, with the advice of the Institute of Puerto Rican Culture, shall determine the buildings and other structures of historic or artistic value in Puerto Rico, and that the Board and the Institute shall prepare and publish, for general knowledge, a list of such buildings and structures. The Act commissions the list; it does not reproduce it. It does not publish how many buildings it holds, nor which, nor where to consult it. Neither do we invent one nor guess an internet address where it would be.

2. 2

   Step 2: What changes if your private property is on the list

   This is the heart of the Act for a private owner. That same Article 1 provides “that the provisions of Act No. 374, approved 14 May 1949, shall apply to private buildings and other structures included in the said list, as if such building or structure stood in an old or historic zone so established by the Planning Board, with the advice of the Institute of Puerto Rican Culture.” The consequence is complete: it does not matter that the building lies outside any demarcated zone; the list brings the same regime down on it. That means the Institute’s prior written recommendation before a construction or use permit is authorised, and a ruling on fittings, signs, architectural features and colour.

3. 3

   Step 3: If the building belongs to the Government or a municipality

   Article 2 gives the General Services Administration custody and administration of the buildings and other structures of historic or artistic value belonging to the Government of Puerto Rico or to the municipalities. The Administrator may delegate that custody or administration to any agency or instrumentality of the Government or to the municipalities, but only upon the acceptance of the recipient: the delegation is not imposed. The Administrator, or the body delegated to, adopts the rules it deems convenient for the use of such buildings and structures. None of this reaches listed private property, which is governed by the previous step.

4. 4

   Step 4: Before any substantial alteration: approval and endorsement

   Article 3 puts the General Services Administration in charge of the repair and conservation of the buildings and other structures of historic or artistic value, and says that in performing this function the Planning Board and the Institute of Puerto Rican Culture may be consulted. That “may” is permissive. What follows is not: “provided, that no substantial alteration of such buildings or structures shall be carried out without the approval of the Regulations and Permits Administration and the endorsement of the Institute of Puerto Rican Culture.” Those are two different things and both are required, an approval and an endorsement, from two different bodies. The Act does not define what counts as a “substantial alteration”.

5. 5

   Step 5: What the Act does not give you

   It is worth saying plainly because it is what people look for most and it is not there. Act 3-1951 creates no tax exemption, subsidy, credit or repair fund for the private owner of a listed building: the repair and conservation funded by Article 3 covers buildings belonging to the Government or the municipalities. Nor does it create a procedure for the owner to be notified before their property is included, to object, to ask to be excluded, or to have the determination reviewed. And it sets no criteria: Article 1 says who determines historic or artistic value, not by what standard. If you are looking for any of those things, they do not come from this Act and we will not invent them.

6. 6

   Step 6: Where the Act comes from and what it repealed

   The last articles are transitional. Article 4 transfers to the Department of Public Works, for use in connection with the functions this Act orders it, the records, property and unspent balances of appropriations, items or other funds of the Historic Values Conservation Board created by Act No. 27 of 23 April 1930, without affecting the transfers made under Reorganisation Plan No. 6 of 1950. Article 5 repeals that Act No. 27 of 1930 and Section 5 of Act No. 75 of 25 April 1949. Article 6 provides that the Act, being urgent and necessary in character, took effect immediately. The OGP compilation identifies two amending acts incorporated: Act No. 48 of 10 June 1953 and Act No. 8 of 18 July 1975.

The determination and the list come from the Planning Board with the advice of the Institute of Puerto Rican Culture. Custody, administration, repair and conservation of historic buildings belonging to the Government or the municipalities sit with the General Services Administration. The endorsement for a substantial alteration is given by the Institute of Puerto Rican Culture, and the approval by the permit agency Article 3 names as the Regulations and Permits Administration, which is the 1951 name. The Act publishes no addresses, forms, telephones or portals, and we do not guess government internet addresses.

• Believing being on the list is merely honorific: Article 1 applies the whole Act 374-1949 permit regime to listed private property.
• Thinking the Act only affects buildings inside Old San Juan or a demarcated zone: the list reaches buildings outside any zone.
• Looking for the list inside the Act: the Act orders it prepared and published, it does not reproduce it.
• Assuming there are legal criteria for what historic value is: Article 1 says who determines, not by what standard.
• Expecting a tax exemption or a repair fund for being listed: the Act creates none for private property.
• Believing the General Services Administration also repairs private buildings: Articles 2 and 3 speak of those belonging to the Government or the municipalities.
• Obtaining only the Institute of Culture’s endorsement for a substantial alteration: Article 3 also requires the permit agency’s approval.
• Taking consultation with the Planning Board as mandatory in a repair: Article 3 says it “may be consulted”, and only the approval and the endorsement are mandatory.
• Assuming a municipality is left with custody of a historic building by the Administrator’s unilateral decision: Article 2 requires the municipality’s prior acceptance.

These are the government pages this guide is based on.

• Instituto de Cultura Puertorriqueña (ICP)

  ICP

  bvirtualogp.pr.gov