What is the obligation to decorate public buildings, commonly known as “1% artistic”?
The obligation to decorate public buildings, commonly known as "1% artistic", constitutes a special procedure for ordering artistic works which is imposed on the State and its public establishments (other than those of an industrial and commercial nature) as well as to local communities. public authorities since the transfer of powers linked to decentralization laws. All the award procedures for this procedure have been incorporated into the new public procurement code, which entered into force on April 1, 2019.
How should French public bodies, communities and administrations respond to the “1% artistic” obligation?
The compulsory decoration procedure for public buildings, governed by the decree of April 29, 2002, consists of devoting 1% of the cost of a public construction to the creation of one or more original works of art by living artists, intended to integrate into the public space.
The application of the device to local communities reflects a desire to raise public awareness of contemporary art in the architecture of public buildings or their surroundings.
More particularly, the obligation of "1% artistic" is intended to apply only to new public buildings of the communes, departments and regions, which were the subject on July 23, 1983 of the same obligation at the expense of the State. Most of these are schools, libraries and departmental archives. Outside the scope of the transferred powers, local authorities may nevertheless voluntarily submit to the procedure. Ditto for public establishments of an industrial or commercial nature and companies dependent on public authorities. For the sake of legal certainty, it is recommended to follow the procedure scrupulously, including when it is optional.
Concerning the State and its public establishments
Concerning the State and its public establishments, real estate operations falling under this obligation are those having as their object the construction and extension of public buildings; carry out rehabilitation work on public buildings when this work entails a change in the use, use or destination of said buildings. By rehabilitation, a ministerial circular specifies that one must understand an in-depth rehabilitation of an existing building. Routine upkeep and maintenance work on public assets is therefore not to be taken into consideration. The only rehabilitation work on public buildings whose purpose is the deployment within the building concerned of an activity totally different from that which was carried out there previously (change of use or destination). Finally, a change in the administrative use of the building on which rehabilitation work is undertaken also requires compliance with the "1%" procedure.
In public procurement law, it is specified that “the public authorities subject to the obligation to decorate public buildings award contracts intended to meet this obligation and choose the holder of the contract after consulting an artistic commission, under the conditions prescribed by regulation ”.
The amount of 1% artistic is capped at 2 million euros
The amount of the artistic 1%, assessed inclusive of all taxes, is equal to 1% of the amount excluding taxes of the estimated cost of the work established in the final preliminary draft, excluding road and various network expenses, and charges for equipment. furnishings. This amount is capped at 2 million euros.
The public order code provides for specific procedures for awarding contracts for the ordering of one or more artistic creations to be produced, depending on whether they are below or above the European thresholds. In all cases, the intervention of an artistic committee whose constitution is decided by the public purchaser is obligatory.
When the public body chooses to enter into a contract for the order of one or more existing artistic creations, it must ensure that a threshold is respected depending on the purchase: less than € 30,000 + VAT, greater than or equal to 30,000 € + VAT and below European thresholds. When this amount is less than € 30,000 + VAT, “the public construction decoration contract is awarded to one or more living artists after consulting the project manager, the user of the work and the regional business manager. cultural. On the other hand, when this amount is greater than or equal to € 30,000 + VAT and less than the European thresholds, the public construction decoration contract must be awarded under the same conditions as the purchase of an artistic achievement to be created.
Whatever the order placed by the public purchaser (artistic work existing or to be created), the very nature of the artistic services likely to be carried out on the basis of the "1% artistic" is very diverse (drawings, photographic works
Decree n ° 2002-677 of April 29, 2002, article L1616-1 of the CGCT, circular of August 16, 2006.
Articles L2172-2 and R2172-7 to R2172-19 of the Public Order Code