New guide published on EU procurement and land deals
A new guide has been published to help navigate EU procurement rules governing land and development deals.
Put together by the British Property Federation’s procurement group in conjunction with the Local Government Association and Local Partnerships, the guide looks at when an OJEU tendering process or other competition is required for a land deal. The document can be downloaded here.
The guide says: “As the European case of C-220/05 Auroux v Commune de Roanne made clear, land transactions are not always exempt from the EU public procurement regime and related tendering obligations.
“This complex, evolving and often confusing area of law is regarded by many as a real barrier to redevelopment in the UK. This chart is designed to provide high-level guidance to both contracting authorities and developers on the strategic choices open to them.”
Speaking ahead of a seminar this week, Liz Peace, chief executive of the BPF, said: “Too many development deals are being held up by the confusion surrounding EU public procurement rules. This guidance offers practical step-by-step advice to both property developers and local authorities alike and cuts through the legalese and confusion that currently surrounds the EU public procurement regime.”
Rob Hann, Director of Legal Services at Local Partnerships, told delegates: "Local authorities play a crucial role in helping to fuel and maintain economic growth in their areas by providing opportunities for property and other infrastructure development. To get the best response from the market it is crucial for the processes leading to selection to be efficient and appropriate to ensure scarce resources are focused on delivery.
“The flow chart is designed as a navigational aid to help public bodies and those dealing with them to determine the most efficient and cost effective path to securing development and growth."
The guidance was produced with the input of developers, procurement lawyers and local authorities. Individuals involved included Local Partnerships’ Hann, Fiona Beattie of SJ Berwin, the BPF’s Michael Chambers, Janet Lewis of Nabarro, Argent’s senior projects director Rob Groves, and Rosemary Choueka of Lawrence Graham.