In recent years, several cases have been recorded in which citizens have discovered historically valuable elements in their homes during renovation processes. These findings not only enrich cultural heritage but also raise questions about the rights and rewards of the discoverers.
Case of Úbeda: Discovery of the Facade of the Old San Jorge Hospital
In 2016, Juan Francisco León, our client and a resident of Úbeda, undertook renovations in his home. During the work, he discovered the facade of a 16th-century hospital hidden behind the walls of his house. After notifying the relevant authorities, the structure was identified as belonging to the old San Jorge Hospital, designed by the Renaissance architect Andrés de Vandelvira.
Discoverer’s Rights and Legal Rewards
The Andalusian Historical Heritage Law establishes that discoverers of culturally significant assets are entitled to a financial reward equivalent to 50% of the appraised value of the object found within the discoverer’s property. However, in this case, the Andalusian Regional Government initially denied León’s request for compensation. Later, in 2020, the Superior Court of Justice of Andalusia ruled in favor of the discoverer, recognizing his right to compensation.
That ruling was appealed by the Andalusian Regional Government through a cassation appeal, which delayed the proceedings for another five years. Finally, on February 3, 2025, the Supreme Court dismissed the appeal, once again ruling in favor of our client.
Legal Implications and Claim Procedure
This case highlights the importance of citizens immediately informing the relevant authorities about the discovery of cultural heritage assets. The Andalusian Historical Heritage Law states that, in cases of accidental discoveries, the discoverer is entitled to a financial reward of 25% of the asset’s value if found outside their property, or 50% if discovered within their property.
The procedure involves notifying the Department of Culture, having experts assess the asset’s value, and the Administration determining and paying the corresponding compensation.
Conclusion: Recognition of the Right to a Reward for Accidental Discovery
The accidental discovery of historical heritage in private homes underscores Spain’s rich cultural legacy and the need to protect and value these assets. It is essential for citizens to be aware of their rights and the legal procedures to ensure they receive fair compensation, while also contributing to the preservation and collective enjoyment of these historical treasures.