New incentives for setting up industries in industrial parks

Facilitation for the exploitation of the property of the Public Real Estate Company (ETAD), or the public real estate it manages, is provided by the amendment added to the bill of the Ministry of Development for open air markets. In particular, in properties with arbitrary constructions or in buildings with urban planning violations that have been legalized and which belong to ETAD or the State (more than 50%) but are managed by ETAD, the establishment of vertical ownership, lease or concession of part of them is adjudicated.

The regulation is promoted in order for the public to be able to use its property. Today, it is impossible to proceed with the exploitation of its real estate as, according to the current regulations, in order to lease part of a property, it must have legalized all the arbitrary constructions and uses that are not only in the specific part, but in the area of the whole property. The regulation was deemed necessary as the properties of ETAD, which are large in area, include a significant number of arbitrary constructions or uses for which the company is not responsible as, in several cases, they have been erected by third parties.

The amendment also provides for the establishment of businesses in business parks giving extra incentives – similar to those in off-plan areas – with the rationale of making organized hosts more attractive and concentrating industrial activity by limiting the scattered construction of large-scale buildings, and saving resources.

Thus, the building conditions within business parks are modified, allowing, exceptionally – but with the consent of the competent Council of Urban Issues and Disputes (SYPOTHA) – for the construction of industrial buildings and storage and distribution centers exceeding the height, with a maximum of 32 meters , unless more height is required for mounting or using tall machinery. In addition, it is noteworthy that from now on the height will be allowed to be exceeded, beyond 32 meters, without the consent of SYPOTHA, since the environmental conditions of the project require the specific height for reasons of environmental protection.

In addition, the promoted provisions include a special regulation that accelerates the issuance of building permits for all types of projects and investments by the Central Council of Architecture (KESA) of the Ministry of Environment and Energy (RIS). In particular, as characteristically mentioned in the amendment, KESA may – for reasons of hastening the requests referred to it by the Secretary General of Spatial Planning of RIS – bypass the Architectural Councils when they are more than two months late in giving an opinion.

The aim of RIS is to deal with the many months of delays observed on requests to the Architectural Councils. According to the explanatory memorandum, the Secretary General of the Ministry for critical projects and investments will be able to refer them to KESA, if there is a relevant request from the interested party, in which the delay of the examination and the reason for the acceleration will have to be proved.

Finally, an extension is given for one year and specifically until the end of 2022, to the possibility of the Development Programs Management Organization Unit (MOD SA) to conclude project lease contracts with engineers, for the implementation of any kind of co-financed or non-co-undertaken projects. The aim is the technical support of the Public Administration for development programs and mainly for those co-financed by the European Union. The extension was granted because, to date, the conclusion of such contracts has not progressed, due to the prerequisite actions that had not been taken, such as the approval of the technical regulation of the technical service, the publication of an invitation, etc.