Historic Environment Ordinance (1988:1188)
Historic Environment Ordinance (1988:1188) up to and including SFS 2017:1083.
The Swedish National Heritage Board had this legal text translated from Swedish to English in September 2019.
SFS no.: 1988: 1188
Ministry/authority: Ministry of Culture
Promulgated: 10/11/1988
Amended: up to and including SFS 2017:1083
Register of amendments: SFSR (Government Offices of Sweden) Source: Full text (Government Offices of Sweden)
Contents: Transitional provisions
General provisions concerning consultation etc.
Section 1 Prior to the county administrative board making a decision pursuant to the Historic Environment Act (1988:950) that may entail a liability for the State to pay compensation, the county administrative board shall consult with the Swedish National Heritage Board. Ordinance (2017:1083).
Section 2 The county administrative board shall, within the scope of its responsibility for the work with cultural heritage in the county, cooperate with cultural heritage conservation bodies within the county, particularly the county museums and equivalent museums. Ordinance (2013:554).
Section 3 When the county administrative board has made a decision pursuant to the Historic Environment Act (1988:950), a copy of the decision shall immediately be sent to the Swedish National Heritage Board.
Furthermore, the county administrative board shall inform the Swedish National Heritage Board when a matter concerning prosecution pursuant to Chapter 2, Section 21 or Chapter 3, Section 18 of the Historic Environment Act has arisen. The Swedish National Heritage Board shall also be informed when a matter concerning damages due to infringement of regulations in the aforementioned act have arisen.
Ordinance (2013:554).
Section 4 The Swedish National Heritage Board shall inform the surveying authority about those ancient remains that can be presumed to not yet have been entered into the general section of the land register.
Ordinance (2013:554).
Ancient monuments
Section 5 The county administrative board shall immediately inform the municipality of decisions in cases referred to in Chapter 2, Sections 2, 9 and 12 of the Historic Environment Act (1988:950). The county administrative board shall notify the surveying authority once the decision has become legally binding.
Ordinance (2013:554).
Section 6 The Swedish National Heritage Board shall notify the county administrative board before the authority implements a measure pursuant to Chapter 2, Sections 7 or 8 of the Historic Environment Act (1988:950). The county administrative board shall consult with the Swedish National Heritage Board prior to the county administrative board implementing corresponding measures. However, notification or consultation is not necessary if the measure is urgent. Ordinance (2013:554).
Section 7 Prior to the county administrative board granting a person permission to implement measures in accordance with Chapter 2, Sections 7 or 8 of the Historic Environment Act (1988:950), the county administrative board shall ensure that this person has sufficient knowledge to carry out the measures in a satisfactory manner.
Prior to the county administrative board making a decision pursuant to Chapter 2, Sections 11 and 13 of the same act, the county administrative board shall ensure that the person carrying out the survey or investigation has sufficient knowledge to carry it out in a satisfactory manner.
Ordinance (2013:554).
Section 8 If the Swedish Police Authority or the Swedish Coast Guard receives an ancient find or is notified of ancient finds, the county administrative board shall immediately be informed of this in writing. The notification shall contain a brief description of the ancient find and the location it was found, as well as the finder’s name and address. If the finder has submitted further information about the circumstance of the find, this information shall also be enclosed. The finder shall receive a copy of the notification. Ordinance (2017:1083).
Section 9 The county administrative board may issue those regulations that are referred to in Chapter 2, Section 9 of the Historic Environment Act (1988:950).
Ordinance (2013:554).
Section 10 The Swedish National Heritage Board may issue regulations concerning enforcement of Chapter 2 of the Historic Environment Act (1988:950).
Ordinance (2013:554).
Fee
Section 10a A fee will be charged by the county administrative board for assessing cases concerning permission to use and carry metal detectors in accordance with Chapter 2, Sections 18–20 of the Historic Environment Act (1988:950). In respect of the size of the application fee, Section 10 of the Ordinance on Fees (1992:191) and fee class 2 shall be applied. For the application fee, Sections 11–14 of the Ordinance on Fees (1992:191) are applicable in other respects. Ordinance (2017:1083).
Section 10b Each geographically demarcated area to which an application refers shall be treated as a case to which a fee is applicable.
Ordinance (2017:1083).
Listed buildings
Section 11 Prior to a building being declared a listed building, the county administrative board shall provide the municipality with the opportunity to state its opinion, unless this is obviously unnecessary.
Section 12 When decisions pursuant to Chapter 3, Sections 1, 5–7, 14 and 15 of the Historic Environment Act (1988:950) have become legally binding, the county administrative board shall notify the municipal committee or committees that have duties within the planning and building system.
Ordinance (2013:554).
Section 13 A listed building shall, if the county administrative board finds reasons for doing so and the owner consents, through the agency of the county administrative board and at the expense of the State, be provided with a plaque stating that the building is protected pursuant to the Historic Environment Act (1988:950).
Ordinance (2013:554).
Section 14 The Swedish National Heritage Board shall keep a list of all listed buildings in the country. The county administrative board shall keep a list of all listed buildings in the county. The county administrative board shall also keep a list of those buildings that are referred to in Chapter 3, Section 6 of the Historic Environment Act (1988:950). Ordinance (2013:554).
Section 15 When a matter concerning compensation in accordance with Chapter 3, Section 10 of the Historic Environment Act (1988:950) arises, the county administrative board shall attempt to bring about a voluntary agreement with the interested party regarding the size of the compensation. Ordinance (2013:554).
Section 16 The conditions for a permit in accordance with Chapter 3, Section 14 of the Historic Environment Act (1988:950) shall always stipulate that the building’s appearance and nature prior to the change shall be documented in an appropriate manner. Ordinance (2013:554).
Section 17 Chapter 3, Section 13, first paragraph of the Historic Environment Act (1988:950) states that the Expropriation Act (1972:719) shall be applied in certain cases when it comes to compensation and compulsory purchase.
Provisions concerning payment of compensation to holders of a restrictive covenant can be found in point 6 of the transitional provisions to the Expropriation Act and in Section 18 of the Expropriation Proclamation (1972:727). Ordinance (2013:554).
Section 17a The Swedish National Heritage Board may issue regulations concerning the enforcement of Chapter 3 of the Historic Environment Act (1988:950).
Ordinance (2013:554).
Ecclesiastical cultural heritage
Section 18 In cases pursuant to Chapter 4 of the Historic Environment Act (1988:950), the Swedish National Heritage Board and the county administrative boards shall consult with the diocese, if this is necessary. Ordinance (2013:554).
Section 18a The county administrative board shall immediately inform the municipality of decisions in cases referred to in Chapter 4, Section 2a of the Historic Environment Act (1988:950). The county administrative board shall inform the surveying authority once the decision has become legally binding.
Ordinance (2017:561).
Section 19 Ecclesiastical furnishings, as referred to in Chapter 4, Section 6 of the Historic Environment Act (1988:950), includes older robes, censers, receptacles, books, altarpieces, crosses and crucifixes, baptismal fonts, other paintings and works of arts, indulgence boxes, storage chests, poor boxes, chandeliers and candelabras, memorial tablets, escutcheons, banners, mourning flags, weapons, armour, votive ships, church bells, musical instruments and certain older gravestones. Ordinance (2013:554).
Section 20 Has been repealed through Ordinance (1999:881).
Section 21 When the county administrative board has made a decision or implemented a measure pursuant to Chapter 4, Section 10, second and third paragraphs of the Historic Environment Act (1988:950), the diocese shall be informed of the decision or measure. Ordinance (2013:554).
Section 22 The Swedish National Heritage Board may issue regulations concerning enforcement of Chapter 4 of the Historic Environment Act (1988:950).
Ordinance (2013:554).
Export protection for certain cultural objects
Section 23 The person who wants to export a cultural object from the country shall, in accordance with Chapter 5 of the Historic Environment Act (1988:950), have an export licence if
- the object
- a) is a cultural object within the categories specified in Annex 1 to Council Regulation (EC) No 116/2009 of 18 December 2008 on the export of cultural goods, and
- b) is listed in the Annex to this Ordinance, with the age and value limits and other qualifiers specified therein, or
- the object is a Sami object that
- a) is more than 75 years old and has a value that exceeds SEK 5 000,
- b) is encompassed by point 1, is archaeological and dates from the period prior to 1850, irrespective of material and value, or
- c) is encompassed by point 1, is made of wood, bone, ceramic, metal or textile and was produced in Sweden prior to 1650, irrespective of value.
Ordinance (2017:561).
Section 23a When, in accordance with the ordinance, it shall be determined whether an object is considered to be made in Sweden, the borders Sweden had on 1 July 1986 shall be decisive. Ordinance (2017:561).
Section 24 Has been repealed through Ordinance (2011:1066).
Section 25 Has been repealed through Ordinance (2011:1066).
Section 26 Matters concerning licences for the export of cultural objects in accordance with Chapter 5 of the Historic Environment Act (1988:950) and of licences under Council Regulation (EC) No 116/2009 of 18 December 2008 on the export of cultural goods shall be considered by the National Library of Sweden, the Swedish National Heritage Board, the National Archives, Nationalmuseum or Stiftelsen Nordiska museet (licensing authorities) in accordance with the apportionment specified in Sections 27–31. However, if it is a matter concerning an object that is in the possession of or being held in trust by a licensing authority other than the Swedish National Heritage Board, the matter shall be considered by the Swedish National Heritage Board.
Licences under the council regulation may be of all the types specified in Commission Implementing Regulation (EU) No 1081/2012 of 9 November 2012 for the purposes of Council Regulation (EC) No 116/2009 on the export of cultural goods.
Ordinance (2017:561).
Section 27 The Swedish National Heritage Board considers matters concerning licences for objects within the categories A1, A2, A13 and ecclesiastical furnishings and objects made of wood, bone, ceramic, metal, with the exception of jewellery, or textile that were made in Sweden within category A15. Ordinance (2017:561).
Section 28 Nationalmuseum considers matters concerning licences for objects within categories A3–A7 and ceramic, glass, stone, bone, metal or amber objects and chandeliers, lanterns, light fittings, furniture, mirrors, wooden objects, lacquerwork, textiles, mechanical clocks, musical instruments and scientific instruments, technical models and prototypes that have been made abroad and gold and silver jewellery within category A15. Ordinance (2017:561).
Section 29 The National Library of Sweden considers matters concerning licences for objects within category A8 in the matter of films, A9 in respect of incunabula and within categories A10 and A11.
Ordinance (2017:561).
Section 30 The National Archives considers matters concerning licences for objects within category A9, with the exception of incunabula, and within category A12. Ordinance (2017:561).
Section 31 Stiftelsen Nordiska museet considers matters concerning licences for objects within category A8 in respect of photographs, A14 and within category A15 that are not considered by the Swedish National Heritage Board or Nationalmuseum and Sami objects that are not encompassed by category A1. Ordinance (2017:561).
Section 32 Applications for licences are submitted to the Swedish National Heritage Board, which, in cases where another party is to consider the matter, shall forward the application to that licensing authority. Ordinance (2000:337).
Section 33 The Swedish National Heritage Board may issue regulations concerning enforcement of Chapter 5 of the Historic Environment Act (1988:950).
Ordinance (2013:554).
Return of cultural objects
Section 34 The Swedish National Heritage Board is the central authority in accordance with Chapter 6 of the Historic Environment Act (1988:950). Ordinance (2013:554).
Section 35 As central authority, the Swedish National Heritage Board shall
- following an application from another state that is a member of the European Economic Area (EEA), search for specific cultural objects that have been unlawfully removed from that state and identify the person who possesses the object,
- notify concerned EEA member states when cultural objects that may be presumed to have been unlawfully removed from another EEA member state have been found in Sweden and receive corresponding notifications,
- enable the competent authorities of the state that may request the return of such an object pursuant to Chapter 6 of the Historic Environment Act (1988:950) to check that the object in question is a cultural object and act as a competent authority of this type in Sweden,
- in cooperation with the state concerned, implement any necessary measures in order to preserve a cultural object found in accordance with point 2,
- implement any necessary measures in order to prevent acts that aim to evade the return procedure.
- act as intermediary between the requesting state and the person who possesses the object with regards to its return.
- inform the central authority in the state in which Sweden has brought proceedings regarding return and receive corresponding notifications,
- inform central authorities in other states that return proceedings have been brought in Sweden and receive corresponding notifications, and
- otherwise cooperate with central authorities in other states.
Checks provided for in point 3 of the first paragraph shall be carried out within six months of notification having taking place pursuant to point 2 of the same paragraph. Otherwise, that which is stated in points 4 and 5 of the same paragraph shall not be applied. Ordinance (2015:853).
Section 35a Has been repealed through Ordinance (2015:853).
Section 35b The Swedish State’s is represented by the Swedish National Heritage Board in foreign proceedings concerning the return of those cultural objects referred to in Chapter 6 and 7 of the Historic Environment Act (1988:950).
Ordinance (2013:554).
Section 35c The Internal Market Information System (IMI) shall be used for the exchange of information between competent authorities in Sweden and other EEA member states in accordance with the Historic Environment Act (1988:950) and this Ordinance.
The Swedish National Heritage Board, the National Library of Sweden, the National Archives, Nationalmuseum and Stiftelsen Nordiska museet are authorised to use the IMI for cultural objects. The Swedish National Heritage Board shall be the coordinator of the IMI for cultural objects, which includes being responsible on behalf of Sweden for receiving and sending applications and notifications in relation to other EEA member states as well as being an interlocutor for the European Commission on IMI matters pertaining to cultural objects.
Provisions concerning the IMI can be found in the Ordinance (2009:1078) on Services on the Internal Market and in regulations issued by virtue of that ordinance as well as in Regulation (EU) No 1024/2012 of the European Parliament and of the Council of 25 October 2012 on administrative cooperation through the Internal Market Information System and repealing Commission Decision 2008/49/EC. Ordinance (2017:561).
Other provisions
Section 36 The Swedish National Heritage Board or the county administrative board it appoints shall represent the State in cases referred to in Chapter 2, Section 25, second paragraph and in Chapter 3, Section 20 of the Historic Environment Act (1988:950). Ordinance (2013:554).
Annex
The age and value limits and other provisions referred to in Section 23 are as follows.
- Archaeological objects within category A1 that date from the period prior to 1850, irrespective of material and value.
- Paintings within category A3:
a) paintings that are more than 100 years old and of a value that exceeds SEK 100 000, and
b) portraits that are more than 100 years old and of a value that exceeds SEK 40 000 and which depict people with a connection to Sweden. - Drawings within categories A4 and A5:
a) drawings, watercolours, gouaches and pastels that are more than 100 years old and of a value that exceeds SEK 100 000, and
b) portraits depicting people with a connection to Sweden in the form of drawings, watercolours, gouaches and pastels that are more than 100 years old and of a value that exceeds SEK 40 000. - Wood engravings and copperplate engravings within category A6 that were made in Sweden prior to 1700, irrespective of value.
- Original sculptures and replicas within category A7 made using the same process as the original, irrespective of material, that are more than 100 years old and of a value that exceeds SEK 100 000.
- Photographs and films and negatives of these within category A8 that are more than 100 years old and of a value that exceeds SEK 20 000, singly or in collections.
- Incunabula and non-printed material within category A9:
a) incunabula, singly or in collections, irrespective of value,
b) manuscripts on parchment or paper produced prior to 1700, singly or in collections, irrespective of value,
c) non-printed records, letters, diaries, manuscripts, notes, accounts and handmade maps and blueprints that are more than 75 years old and of a value that exceeds SEK 5 000, and
d) other collections of non-printed materials as per (b) and (c) that are more than 75 years old and of a value that exceeds SEK 50 000. - Books within category A10:
a) books printed in Sweden prior to 1700, irrespective of value, and
b) other books that are more than 100 years old and of a value that exceeds SEK 20 000. - Printed maps and globes within category A11 that are more than 100 years old and of a value that exceeds SEK 20 000
- Archives of non-printed records, letters, diaries, manuscripts, notes, accounts, handmade maps and blueprints within category A12 that are more than 75 years old and of a value that exceeds SEK 5 000.
- Means of transport within category A14 that are more than 100 years old and of a value that exceeds SEK 100 000.
- Other antiquities within category A15, unless they are included in categories A1–A14:
a) objects made of wood, bone, ceramic, metal or textile that were produced in Sweden prior to 1650, irrespective of value,
b) furniture, mirrors, chandeliers, lanterns and light fittings that were made in Sweden, are more than 75 years old and of a value that exceeds SEK 50 000,
c) furniture, mirrors, chandeliers, lanterns and light fittings that were made abroad, are more than 100 years old and of a value that exceeds SEK 100 000,
d) artisan wallpapers, woven and made of leather, carpets, long-pile rugs, painted tapestry and embroidered or textiles with woven patterns, artisan wood objects, mechanical clocks, musical instruments, firearms, edged and bladed weapons as well as armoury made in Sweden, older than 100 years and of a value exceeding SEK 20,000,
d) handmade wallpapers, woven and made of leather, carpets, textiles that are embroidered or have woven patterns, handmade wooden objects, lacquerwork, mechanical clocks, musical instruments, firearms, edged and bladed weapons and armour that were made abroad, are more than 100 years old and of a value that exceeds SEK 100 000,
f) toys and games, tiled stoves, faïence and other handmade objects that are made of ceramic, glass, stone, bone, antlers or amber and handmade or cast metal objects, with the exception of jewellery, coins and medals, that are more than 100 years and of a value that exceeds SEK 50 000,
g) gold and silver jewellery that are more than 100 years old and of a value that exceeds SEK 100 000,
h) objects that are connected to early photographic techniques, are more than 100 years old and of a value that exceeds SEK 20 000,
i) objects that are constitute ecclesiastical furnishings in accordance with Chapter 4 of the Historic Environment Act (1988:950), unless they are encompassed by (a)–(f) and are more than 100 years old, irrespective of value, and
j) scientific instruments, technical models and prototypes that are more than 100 years and of a value that exceeds SEK 10 000.
Ordinance (2017:561).
Transitional provisions
1994:1524
This Ordinance enters into force in respect of Section 23a on the date that Act (1994:1500) on the Occasion of Sweden’s Accession to the European Union enters into force and, in all other respects, on 1 January 1995.
1994:1448
- This Ordinance enters into force on 1 January 1996.
- Older provisions still apply in respect of land registration authorities that have been established in accordance with the Act on Municipal Land Registration Authorities and Land Registration Authorities (1971:133).
2000:337
This Ordinance enters into force on 1 July 2000. However, older provisions apply in respect of applications received prior to 1 July 2000.
2002:18
This Ordinance enters into force on 1 March 2002. However, the new provisions shall be applied from 1 January 2002.
2017:1083
- This Ordinance enters into force on 1 January 2018.
- Fees in accordance with Section 10a shall not be charged for cases where the application has been made prior this Ordinance’s entry into force.
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THE RIKSDAG
All public power in Sweden proceeds from the people and the Riksdag is the foremost representative of the people.