The owner of Kotva violated the law, but he is not facing any sanctions

Prague – The owners of the department store Kotva have violated the heritage law by not reporting a change in ownership, but there are no penalties awaiting them. Martha Häckl, spokesperson for the Ministry, said today that the planned new heritage law will include stricter penalties. Minister Antonín Staněk stated that, in his opinion, the original concept of the building should be preserved and continue to be protected as a monument.

The Ministry of Culture, or rather the minister, recently decided to annul the decision made by its heritage department at that time because the owner changed during the process of declaring Kotva as a monument. The heritage department had declared the department store a monument. The new owner filed an appeal against the decision. The minister reportedly annulled his department's decision for legal certainty and referred the matter back to them. The department is re-examining the potential heritage protection of the building.

The spokesperson reminded that the annulment of the decision changes nothing, as from the beginning of the process of declaring it a monument, the owner is required by law to protect the property from destruction or damage.

"Although I am not a Prague resident, I understand the interest and concerns that residents have regarding the reconstruction of the once-popular Kotva department store. Its original concept in the shape of a piece of honeycomb should, in my opinion, be preserved and continue to be protected as a monument," said Staněk today. "I will personally ensure that the entire process is thoroughly reviewed, and within my powers, I will do my utmost to prevent any further unreasonable delays regarding Kotva," he added.

According to the law, the owner of a property is required to notify the state if they wish to sell a property that is a monument or is currently under consideration for potential heritage protection. "This obligation is not subject to penalties; it is one of the shortcomings of the law on state heritage care. Minister Staněk will seek to make it possible to sanction such mistakes within the planned amendment to the state heritage care law," said the spokesperson. According to the minister, the current penalties for violations of the law are also insufficient.

"The case of the Kotva department store and the recent case of the demolition of a monument-protected villa in Prague's Vinohrady are clear evidence of how inadequately the current law protects monuments and that the penalties for violations of the law are minimal," the minister stated.

Currently, both individuals and legal entities can face fines of up to two million crowns for damaging a monument, and up to four million crowns for damaging a national cultural monument. However, such high fines are not commonly imposed in practice. For the criticized repairs of the Charles Bridge, the city of Prague was fined 3.25 million crowns in 2010; after an appeal, a subsequent decision imposed a fine of 950,000 crowns. Ultimately, Prague paid nothing, as the Ministry of Culture announced in 2011 that the offense was time-barred.

The ministry plans to submit a proposal for the new heritage law this year. Politicians have promised a new law for 20 years, but its adoption has been hindered by often conflicting interests of those involved. According to some experts, the main problem of heritage care is not the absence of a new law to replace the one from 1987, but rather the difficulty of enforcing the law.