The State exercises the right of first refusal over an 18th-century Neapolitan Immaculate Conception

The Ministry of Culture has exercised its right of first refusal over an 18th-century Neapolitan school sculpture of the Immaculate Conception that was auctioned in Madrid, retaining the piece for Spanish historical heritage. The decision is formalized in Order CLT/888/2026, of August 4, published in the Official State Gazette number 208, of August 25, 2026, in section III of other provisions.

The work, included in the catalog of the auction held on July 1, 2026, at the Segre gallery in Madrid, under lot number 1203, will be deposited and assigned to the state-owned National Museum of Sculpture, which must incorporate it into the inventory of state-owned heritage.

The piece and its provenance

The sculpture is a polychrome wood carving attributed to a follower of Nicola Fumo (Saragnano, Salerno, 1647-1725), one of the most prominent Neapolitan sculptors of his time. It is a representation of the Immaculate Conception with the following characteristics:

• Authorship: follower of Nicola Fumo.
• Origin: Naples, 18th century.
• Technique: carved wood with glass eyes and subsequent polychromy.
• Height: 104 centimeters.

The right of first refusal procedure

The order is issued upon the proposal of the General Directorate of Cultural Heritage and Fine Arts, formulated on July 2, 2026, and has the favorable report of the Board for the Qualification, Valuation, and Export of Spanish Historical Heritage Assets, agreed upon in the meeting of its plenary session held on June 18, 2026.

The exercise of this right is supported by Article 38 of Law 16/1985, of June 25, on Spanish Historical Heritage, and Articles 40 and 41.2 of Royal Decree 111/1986, of January 10, for the partial development of said law. The State will pay the auction house the hammer price of 4,500 euros, plus the expenses inherent to the acquisition and Value Added Tax.

The order is signed by the Secretary of State for Culture, Jordi Martí Grau, by delegation of signature from the Minister of Culture, in accordance with Order CLT/1527/2025, of December 23.

A mechanism for heritage protection

The right of first refusal allows the State to acquire cultural assets that go to auction under the same conditions as the highest bidder, preventing their exit from the territory or their dispersion. In this case, the piece joins the collections of the National Museum of Sculpture, which guards state-owned sculptural heritage.

The decision reinforces the policy of protecting Spanish historical heritage against the art market, ensuring that works of artistic relevance remain in public hands and accessible to the citizenry.

Source: Official State Gazette, no. 208, August 25, 2026, Sec. III, page 116767 (official reference: BOE-A-2026-18144).