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Views/ Novelties Regarding the Technological Industrial Development Zones
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Leonid RistevAttorney at Law (Адвокат) / Senior Associateleonid.ristev@karanovic-nikolic.com
07/10/2015
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With simultaneous amendments on the Law on Construction, lawmakers have taken this opportunity to harmonise the competences and procedures for obtaining construction permits and usage permits within Technological Industrial Development Zones ('the TIDZ'). The new solution splits the competence for issuing permits between the TIDZ Directorate and the Ministry of Economy. The latter will issue these permits for the facilities covered by public private partnership agreements, and the TIDZ Directorate will be responsible for issuing permits for the rest of the facilities in the TIDZ (except for the infrastructure facilities of public utilities).

Pursuant to the amendments, eligible domestic and foreign entities may apply for lease or ownership over certain facilities in the TIDZ. In particular, the TIDZ Directorate may sell or lease state facilities in these zones via an electronic auction. Lease agreement could be concluded for a period of up to 5 years, including a right of first refusal of the lessee for obtaining ownership of the facility after the lease has expired.

As a new incentive, in addition to TIDZ users, lessees and landlords of construction land in the TIDZ are now also exempt from fees for land regulation. Another novelty is the possibility for the lessor to unilaterally terminate the lease agreement if (i) the TIDZ user/lessee does not commence construction activities within 9 months, or (ii) failed to start manufacturing within 30 months since the date the lease agreement was executed. In these cases, the lessee is obliged to transfer the facilities, in their current status, to the lessor without any compensation.

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