PRACTICE AREA
Sale, Lease and Limited Real Rights over Public Real Estate
Legal support in tenders for the sale and lease of public real estate and the creation of limited real rights.
Frequently asked questions
- Before which court is an action brought against a sale or lease tender under Law No 2886?Administrative acts concerning the holding and conclusion of a sale or lease tender are as a rule challenged before the administrative courts. In some disputes arising after the contract is signed, the competent court must be examined separately.
- May the contracting authority cancel a tender under Law No 2886?The commission or the authorising officer may decline to conclude the tender or may cancel it within the powers conferred by the Law. However, a cancellation must rest on the public interest and the requirements of the service, and cancellations are open to judicial review as to power and procedure.
- What can be done against occupancy compensation and eviction procedures concerning public immovable property?Occupancy compensation and eviction are separate administrative acts under Law No 2886 and the special immovable property legislation. The periods for administrative applications and proceedings must be calculated by examining the date of notification, the legal basis of the use and the records.
- May a municipality allocate immovable property to another body without holding a tender?Allocation and sale or lease are distinct legal institutions. Allocation between public bodies is limited by special legislation and by the purpose of the public service; granting a lease to private persons under the name of allocation may be unlawful.
- Which legal errors are most frequently seen in municipal immovable property sale tenders?The decision of the competent organ, the legal status of the property, the valuation, the procurement procedure and the notice procedures are the principal areas to check. Problems with the powers of the council or executive committee and with planning and land registry records may affect the validity of the sale.
- What information must a specification for the sale or lease of immovable property contain?The location and nature of the property, its estimated value or rent, the guarantee, the period, the conditions of use and the contractual obligations must be clearly shown. The conditions for participation and the documents to be submitted must also appear in the specification.
Is a deadline approaching?
You can get in touch stating the tender number, the contracting authority, the subject of the application and the deadline known to you. Sending the form does not create a lawyer–client relationship and does not create an undertaking to monitor deadlines.