Prawne aspekty ochrony funkcji zabytków nieruchomych

The protection o f the immobile monument ascribed great importance not only to the latter’s technical state but also to the preservation o f non-material values, connected with that monument, including its pragmatic purpose, i.e. its functions. The author consideres classifications o f the function o f the immobile monument: original (extant, nonextant, restored following the stage o f a secondary function) and secondary, architectonic and extra-architectonic (e. g. tourist), those whose replacement by other functions is undesirable, and those which can be supplanted by others, primary and supplementary, without any harm to the monuments. In accordance with one o f such divisions, the author classifies monuments as: those with a single function and several, parallel functions occurring during the same period. The legal protection o f the function o f the historical monument is described upon the basis o f the binding regulations of laws about the protection o f cultural property as well as about the construction law and pertinent executive regulations. The author conducts a critical appraisal from the point of view o f the imprecise nature o f institutional solutions introduced into the protection o f the function of immobile monuments. By citing examples o f historical functions, the author discusses in detail the historical outfitting o f pharmacies in Krakow, threatened by the change o f functions and liquidation. The article ends with a description concerning Krakow, and select examples o f administrative and legal-administrative solutions as regards the problem in question.