A Solution for Property Owners Harmed in Protected Sites: General Communiqué on National Real Estate no. 237
In today’s article we look at regulation no. 237 of the General Communiqué on National Real Estate, which closely concerns owners of property in cultural and natural protected sites in particular. This communiqué opens a new and practical route to a solution, through Treasury property, to the long-standing problem of the “absolute construction ban” that restricts the rights of owners.
The Source of the Problem: Protected Sites and Construction Bans
Our country stands out for its rich cultural and natural heritage. In some regions, however, this may give rise to significant restrictions on the right to property. In particular, there is an “absolute construction ban” on property lying within first and second degree archaeological protected sites and first degree natural protected sites designated under the Act no. 2863 on the Protection of Cultural and Natural Property of 21/7/1983. These bans prevent property owners from using or making use of their property as they wish and can therefore cause serious harm.
Until now, a solution was offered by exchanging such property for property belonging to the Treasury (an “exchange”). General Communiqué on National Real Estate no. 237 now brings a new and more flexible alternative in addition to that process.
The New Solution: Taking Part in Treasury Sale Tenders with a “Value Certificate”
The communiqué provides that owners of property subject to an absolute construction ban within a protected site may, on request, be given a “value certificate” by the Ministry of Culture and Tourism. This certificate shows the value of the owner’s property and offers an important opportunity:
- The Right to Take Part in Treasury Property Sale Tenders: the holder of the certificate acquires the right to take part in the sale tenders for property belonging to the Treasury held by the Ministry.
- Set-off Against the Tender Price: if the tender is awarded to the certificate holder, the property value stated in the certificate is set off against the tender price.
Details and Rules of Application:
-
Conditions for Taking Part in the Tender: certificate holders must meet in full the general conditions of participation required in the sale tenders for Treasury property held under the State Tender Act no. 2886 of 8/9/1983. In other words, they will compete on equal terms with the other bidders.
-
Updating of the Certificate Value and Set-off: the value stated in the certificate is updated for the period between the date it was issued and the date of the tender. The updating is carried out as a day-by-day increase, within the rates published under repeated article 298 of the Tax Procedure Act no. 213. This updated value is then set off against the tender price.
- Difference in Favour of the Treasury: if the tender price is higher than the updated certificate value, the difference must be paid in cash by the certificate holder.
- Difference in Favour of the Certificate Holder: where the certificate value is higher than the tender price, the Provincial Directorates of Finance will notify the Ministry of the position and a new certificate will be issued for the difference. This is an important safeguard for the protection of the owner’s right.
-
The Approval Process: where the provisional award of the property is made to the certificate holder, it must be sent to the Ministry for approval whatever its price and amount. This is an important step taken to ensure the transparency and lawfulness of the process.
Legal Assessment and Practical Benefits
This communiqué offers important breathing space, particularly for citizens who own property in protected sites and cannot make use of it. Alongside the institution of “exchange”, an alternative way out is provided to owners through participation in the Ministry’s sale tenders. The aim of this regulation is to remedy the harm suffered by owners, at least to some extent, and to ease the economic effect of the restrictions on their right to property. It is important that these procedures be conducted by a lawyer. You may contact us for information on this matter.
This article is intended for general information only and is not in the nature of legal advice or counsel. For concrete legal situations you must consult a specialist lawyer.
