I – OBJECTIVES
II - PRE-REQUISITES
III - THE PROCESS
- Tender procedure
- Licensing of the Works
IV - INVESTMENT ATTRACTION PROGRAMME
V - FINANCIAL SUPPORT INSTRUMENTS
VI - ANNEXES
In a joint initiative by the Ministries of the Economy, Culture and Finance the government launched the REVIVE Project with the aim of promoting the renovation and subsequent use for tourism of a group of properties owned by the State with architectural, heritage, historical and cultural value that are not being duly used by the community they are located in, and in some cases are in an advanced state of disrepair.
The goal is therefore to improve and restore this public heritage, which is the mission of the State for the properties that are under its public and private domain, while preserving the values and pre-requisites that led to the ownership of these properties, in addition to finding executable mechanisms for carrying out the aforementioned improvement and restoration objectives.
As such, the basic model to be implemented with the REVIVE Project shall involve restoring these properties through private investment, making them suitable for hosting an economic activity, related to the hotel and restaurant industries, cultural activities, or other forms of entertainment and commerce, attaining the improvement and careful restoration pre-requisites for properties, while also contributing to the economic and social development of the regions where these properties are located.
Method of selecting the properties
The goal of this initiative is therefore to promote and invigorate processes for profiting and preserving public assets with high heritage, cultural and historical value located throughout Portugal which are currently unoccupied, and transforming them into an economic asset that benefits the country, particularly the communities of the affected regions.
As such, the properties that are included in REVIVE are selected by the technical team that manages the project, which is made up of the Department of Treasury and Finance, the Department of Cultural Heritage, and Turismo de Portugal, I.P. (Portuguese Tourism Board), in collaboration with the municipalities where the properties are located.
The properties included in the REVIVE Project shall be improved and restored in line with applicable legislation regarding public heritage property.
The legal framework for public heritage properties is governed by the objectives of efficiency and rationalisation of public resources and their adaptation to the State's current organisation, creating mechanisms for managing those property assets that safeguard their public nature, both with respect to publicly owned properties and properties in private ownership (whose sale would be possible in general terms).
The properties of the REVIVE Project (even those that come under the private domain of the State or that are owned by municipalities) shall not be sold and other operating methods further explained below and which safeguard public ownership shall be used.
In fact, the allocation mechanism for the private individuals who shall undertake the investment and operate the economic activity shall be the concession framework for properties that are under the public domain of the State, or the granting of a building lease for properties under the private domain of the State or owned by municipalities over an extended period of time (at least 30 years), in order to achieve a return on the investment and during which the operation must be guaranteed, along with its preservation and maintenance. In special cases, operation may also be transferred, which is a mechanism that also safeguards public ownership of property.
The aforementioned mechanisms are entirely incorporated into the currently applicable legal framework with regard to public heritage assets, involving profitability while safeguarding public ownership of properties, with public follow-up of the restoration of the buildings, and use of effective legal models for improving and restoring such assets, thereby ensuring effective and executable restoration of properties.
However, the granting of concession contracts to private entities (for properties under the public domain) or building leases (for properties under private domain or owned by municipalities) shall always be preceded by tender procedures that ensure transparency, competition and public notification of these procedures, as per Decree-Law no. 280/2007.
In line with what was stated above, it is important to point out that improvement and restoration of public assets that are the object of the REVIVE Project shall be supervised and conducted by a broad, multi-disciplinary team that encompasses the various advantages of the State and all other Public Legal Persons that govern public property, namely:
- Turismo de Portugal, I.P.(Portuguese Tourism Board);
- Department of Treasury and Finance (DGTF);
- Department of Cultural Heritage (DGPC)
Occasionally, when the characteristics, heritage context or ownership status of the properties justify such, the technical team shall include representatives of bodies from other sectors of the State, namely Defence, Environment, Justice, Internal Administration or Agriculture.
Each of these entities shall appoint representatives to the REVIVE Project management team, which shall oversee the proceedings, together with the municipalities, and thus ensure a presence on the selection board of the tender proceedings held to select the private contracting parties.
DGTF shall itself, and jointly with other entities, provide technical support as deemed necessary in accordance with its legal powers with regard to the management of State assets.
DGPC and the Regional Culture Departments shall monitor the implementation of the project, defining the overall parameters of the work carried out on properties in accordance with the respective legal protection category, offering all necessary legal support within the scope of their legal powers for the safeguarding and protection of cultural heritage.
The Portuguese Tourism Board shall provide any necessary technical assistance to meet the objectives of REVIVE, raising awareness of the public tender procedures via the media that it has access to and which are appropriate for this purpose, actively participating in attracting investors interested in economically exploiting the properties, and integrate investment in the renovation of buildings with the available financial support instruments, in accordance with the terms and conditions defined in the applicable frameworks.
However, the project shall always involve the municipalities and their participation, carried out by the REVIVE Project management team in accordance with the location of each property that is to be improved, in order to ensure adequate integration into the regional economy, which shall also be done as part of the tender procedure and later during implementation and development of the economic activity which the property shall be allocated.
A fundamental aspect of the REVIVE Project involves providing for appropriate restoration of heritage, while respecting architectural, cultural and environmental values, which shall be guaranteed through the involvement of the relevant regional public structures and the various representatives of the management team.
As such, the existence of areas with pre-existing use, such as spaces visited by the public, museums, places of worship, etc. shall be entirely safeguarded, whether by excluding these areas from the object of the heritage improvement procedures or through their inclusion in heritage improvement areas, but with special obligations for their allocation, maintenance and preservation.
- Tender procedure
All properties shall be subject to a public tender in order to select the entity and project to be developed.
Before launching the tenders the technical team shall carry out:
- Architectural and topographic surveys of the properties;
- The legalisation and registration of the properties;
- Heritage and architectural studies to define the overall parameters of work on the classified heritage;
- Appraisal of properties.
The tender procedures to applied within the scope of the REVIVE Project are those arising from the legal provisions of the public heritage legislation of Decree-Law no. 280/2007 of 7 August, annexed to the present technical guide (Annex 1).
The type of procedure essentially depends on the ownership status of the property.
- Properties under the Public Ownership of the State: Concession of operation to be carried out via public tender procedure with prior qualification,
- Properties under the Private Ownership of the State and Properties owned by Municipalities; Establishment of a Building Lease via negotiation procedure with prior publication of advertisement.
- Properties under the Private Ownership of the State that are subject to ceding of usage to Municipalities: Ceding of operation via public tender procedure.
The main characteristics of the aforementioned tender procedures shall be as follows:
- The procedures referred to in points 1) and 2) above shall have a prior qualification stage for selecting the best applicants with regard to technical and financial capacity, and the best applications shall later be invited to submit proposals.
- The procedures shall be directed by a Committee (or selection board) that shall ensure that the Project objectives are duly protected and pursued.
- The procedures shall contain a set of technical and legal premises for safeguarding the public assets in question for each of the properties and this information shall be prepared by the management team of the REVIVE Project.
- The tender procedures for conceding the right to use properties that were ceded to Municipalities shall be launched and conducted by City Councils, followed up by the management team of the REVIVE Project, while respecting the technical and legal premises for safeguarding the public values in question.
The annex contains a tender components form (Annex 2).
- Licensing of the Works
Once the tender has been concluded, the works shall be licensed and the process shall develop as stipulated in Decree-Law no. 555/99 in its current wording (Legal Framework for Urbanisation and Construction ) and in Decree-Law no. 39/2008 of 7 March (Legal Framework for Tourism Undertakings) when dealing with a tourism undertaking.
Work carried out on properties that have been classified as being of national interest, classified groups, undergoing classification or located in the respective General or Special Protection Zones shall be subject to binding opinion from the DGPC (Cf. Law no. 107/2001 of 8 September establishing the basis for cultural heritage protection and improvement policy and legislation, and the Decree-Law 140/2009 of 15 June, which establishes the legal framework for studies, projects, reports, work or alterations to classified cultural assets or those that are undergoing classification).
INVESTMENT ATTRACTION PROGRAMME
The Portuguese Tourism Board publishes information and promotes active participation in attracting investors, namely through:
- The REVIVE website: http://revive.turismodeportugal.pt/;
- Portuguese Tourism Board external teams working with the external services of the Ministry of Foreign Affairs;
- Presence at international fairs;
- Special initiatives in strategic markets, namely Spain, France, Germany, United Kingdom, China, USA and Brazil.
All properties have a project manager at the Portuguese Tourism Board identified on the REVIVE website for each property. For information on the REVIVE Project or other properties that are included in it, please contact the Portuguese Tourism Board project manager.
FINANCIAL SUPPORT INSTRUMENTS
In order to cover the investment necessary to recover the properties in REVIVE Project, and to adapt them to the exploration of the economic activity, investors selected, in accordance with the procedures defined in the previous chapter of this Technical Guide, can access to the various financing lines made available by Turismo de Portugal, in particulary the Credit Line with Mutual Guarantee - Turismo de Portugal - REVIVE Program, created specifically for this Program.
Annex 1 – Decree-Law no. 280/2007 of 7 August
Annex 2 – Tender Components Form
Annex 3 - Condições Gerais da Linha REVIVE_SPGM