I – OBJECTIVES
II – PRE-REQUISITES
III - PROCEDURE
- Tender Procedure
- Licensing of Works
IV – INVESTMENT ATTRACTION PROGRAM
V – FINANCIAL SUPPORT INSTRUMENTS
VI - ANNEXES
The Government, in a joint initiative with the Ministries of the Economy, Culture and Finance, has launched the REVIVE program with the aim of promoting the restoration and subsequent tourism use of a group of State-owned real estate properties having architectural, heritage, historical and cultural value that are not being duly used by the community where they are located, in some cases actually being in an advanced state of disrepair.
The goal, therefore, is to add value to and restore this public heritage, which has become the mission of the State with regard to real estate properties that come under the public and private domains, preserving the values and pre-requisites that determined the domain of these assets, while also finding mechanisms that allow the aforementioned principles of adding value and restoration to be pursued.
The basic model that is provided for in the REVIVE Program involves the restoration of these properties by undertaking private investment, making them apt for use in an economic activity, namely in areas related to hotels, restaurants, cultural activities, or other forms of entertainment and commerce, attaining the pre-requisites for adding value to and carefully restoring current properties and also contributing to the economic and social development of the regions where these properties are located.
The goal, therefore, with this initiative is to promote and make more flexible the processes for making public heritage of high cultural and historical value profitable and preserving it, especially when it is present throughout all of Portugal and empty, transforming it into an economic asset that is used for the good of the country, specifically for the communities of the regions that are involved.
Method for selecting the properties
Selection of the properties that are part of REVIVE was undertaken by the technical team in charge of managing the Program, which is part of the Department of the Treasury and Finance, the Department of Cultural Heritage and of Turismo de Portugal, I.P., and may also include other public entities that are responsible for managing some of the buildings, always in accordance with the municipalities where the properties are located.
The properties included in the REVIVE Program are improved and restored in complete accordance with applicable legislation.
The properties in question, even those that are part of the State’s private domain or owned by the municipalities, shall not be sold, and they shall be operated under an operation concession scheme, which safeguards public ownership of these properties.
In fact, the mechanism for granting to the private parties that will undertake the investment and operate the economic activity shall generally be the concession framework in accordance with the Public Contract Code, both for properties that are in the public domain of the State and properties that are in the private domain of the State, or owned by the municipalities for a long period of time (at least 30 years), in order to allow a return on the investment that was made and during which its operation will be guaranteed, along with the respective conservation and maintenance.
The concession framework under the Public Contract Code is the most suitable model, taking into account the specific configuration of the REVIVE program and its underlying interests that go beyond the mere management of the properties that are included.
In line with the above, it is important to point out that adding value to and restoring public heritage that comes under the REVIVE Program, shall be supervised and conducted by a broad multi-disciplinary team that takes into account the various functions of the State and all other Public Legal Persons that govern public property, namely:
- Turismo de Portugal, I.P.;
- Department of Treasury and Finance (DGTF);
- Department of Cultural Heritage (DGPC).
Occasionally, when the characteristics, heritage context or domain status of the properties justify such, the technical team shall include representatives from bodies from other State sectors, namely Defence, the Environment, Justice, Internal Administration or Agriculture.
Each of these entities shall appoint representatives to the team that manages the REVIVE Program, which will thereby conduct the procedures, jointly with the municipalities and shall be present on the juries of the tender procedures to be undertaken to select private co-contracting parties.
DGTF, with respect to that which it is responsible for and in conjunction with all other entities, shall also provide all technical support in any way deemed pertinent within the scope of its legal powers relating to the management of State assets.
DGPC and its Regional Culture departments shall follow up on the development of the project, defining the overall parameters of the work done on the properties, in accordance with the respective legal protection category, and offering all the necessary technical support within the scope of its legal powers related to safeguarding and protecting cultural heritage.
Turismo de Portugal shall provide all technical assistance deemed necessary for meeting the objectives of REVIVE, and it shall disclose the public tender procedures through the means of communication available to it and that are deemed appropriate for this purpose, actively participating in attracting investors who are interested in the economic operation of the properties and incorporating the investment to be made in the restoration of the properties, in accordance with the terms and conditions stipulated in the applicable frameworks.
However, the Project will always count on the involvement and participation of the municipalities, as activated by the management team of REVIVE Program, in accordance with the location of each property that is to be improved, in order to ensure adequate insertion into the regional economy, which shall also be done within the scope of the tender procedure and subsequently during the execution and development of the economic activity that the property is used for.
One of the basic pillars of the REVIVE Program is to ensure that there is adequate restoration of assets, while respecting architectural, cultural and environmental values, which shall be guaranteed through involvement of the relevant public regional structures and the various representatives on the management team.
As such, the existence of areas with pre-existing uses, such as public visitation spaces, museums, areas reserved for worship, etc., shall be completely protected, whether it is through exclusion from these areas of the object of the asset valuation procedures, or through inclusion in the areas of asset valuation, but with specials obligations related to allocation, maintenance and preservation.
The Revive Technical Team is also aided by the Art History Institute of Universidade Nova de Lisboa and is in charge of drafting the historical-artistic memorandum of each of these properties covered by the program.
- Tender procedure
The signing of concession contracts with private entities shall always be preceded by tender procedures that ensure transparency, competition and advertising of the tenders.
All the properties shall therefore be subject to public tender when a concession is granted, with prior qualification of applicants, as a rule.
Before the tenders are launched, the technical team shall ensure the following:
- The drafting of architectural and topographical inventories of the properties;
- Settlement of the legal and registration situation of the properties, when necessary;
- Execution of heritage studies for defining the overall parameters for intervening in the classified heritage;
- The drafting of a historical-artistic memorandum for each property.
The main characteristics of the aforementioned tender procedures are as follows:
- The procedures shall generally incorporate a prior qualification phase for selecting the best applicants in terms of technical and financial capacity and then the best applicants are invited to submit the best applications;
- The procedures shall be directed by a Committee (or tender jury) which shall ensure that the Project objectives are duly safeguarded and followed;
- The procedures shall incorporate a series of technical and legal premises for safeguarding the public values present in each property, and such elements are prepared by the REVIVE Project management team;
- The tender procedures for granting the right to use the properties or the object that is ceded to the municipalities can be launched and conducted by the city councils with follow-up by the REVIVE Project management team and respect for the technical and legal premises for safeguarding the public values in question.
Attached you will find the tender documents forms (Annex 2).
- Licensing of Works
Once the tender has been concluded, the licensing of the works shall follow the procedure stipulated in Decree-Law no. 555/99, in its current wording (Urbanization and Edification Legal Framework) and in Decree-Law no. 39/2008 of 7 March (Tourism Resorts Legal Framework), when dealing with a tourism resort.
Interventions that involve properties that have been classified as being of national interest, that are jointly classified, in the process of being classified or located in the respected General Zones or Special Protection Zones are subject to a binding opinion from the DGPC (cf. namely Law no. 107/2001 of 8 September, which establishes that the bases for the policy and framework for protecting and adding value to cultural heritage, and Decree-Law no. 140/2009 of 15 June, which establishes the applicable legal framework of the studies, projects, reports, works or interventions involving classified cultural assets or assets that are undergoing classification).
INVESTMENT ATTRACTION PROGRAM
Turismo de Portugal shall ensure that information is disclosed and that there is active participation in attracting investors, namely through the following:
- the REVIVE websitehttp://revive.turismodeportugal.pt/;
- Turismo de Portugal external teams, operating in conjunction with the external services of the Ministry of Foreign Affairs;
- Presence in international fairs;
- Execution of specific actions in strategic markets, namely Spain, France, Germany, United Kingdom, China, USA and Brazil.
All properties must have a project manager at Turismo de Portugal identified on the REVIVE website for each property. For information on the REVIVE Program or regarding the properties that are included in it, the Turismo de Portugal project manager shall be contacted.
FINANCIAL SUPPORT INSTRUMENTS
In order to make the investment necessary for restoring the properties that are included in the REVIVE Program and which guarantees that they are suited for undertaking the targeted economic activity, the investors selected in accordance with the procedures defined in the previous chapter of the present Technical Guide can access the financing lines made available to Turismo de Portugal for such purpose:
- Line of credit with mutual guarantee;
- Offer Qualification Support Line. Projects supported within the scope of this line that are bidding on development of the interior of the country shall benefit from a performance premium of up to 20% of the Turismo de Portugal support component.
Annex 1 – Decree-Law no. 280/2007 of 7 August and the Public Contract Code
Annex 2 – Tender documents form
Annex 3 – General Conditions of the REVIVE_SPGM Line