Industrial parks represent a
special category of large-scale investments in Romania and their relatively
recent emergence on the Romanian industrial field imposed a series of
completely new policies which had to be absorbed by a roughly functional market
economy. Probably the most attractive aspects related to this topic refer to consistent
incentives portfolios which were gradually introduced on either national level
or on European one. It became clearly beneficial for investors to financially target
this field as it opened a number of highly lucrative opportunities. In the same
time, a ubiquitous condition which plays an important part in balancing gains
for both sides regards the guarantee which is to be offered by each project
initiator to increase the number of jobs. Law progressively identified key
issues in establishing an optimal system frequently changing and perfecting
various details. Following this pattern, authorities recently added new
regulations related to precise requirements imposed for establishing industrial
parks, the authorization process for granting the title of industrial park,
personal liability of administrators and a list of legal incentives that both
administrators and residents of the park will benefit from.
Industrial parks incentives in Romania
According to Law No. 186/2013
regarding the establishment and operation of industrial parks, the latest
changes introduced a number of features indicating a series of facilities
provided for both administrators and residents of industrial parks. These incentives
may be granted by local authorities as well but they are generally delivered as
tax exemptions allowed by the state. In this particular case we are talking
about exemptions for property tax on buildings, on land and suspension of financial
duties occurring when changing land use or when having to convert the land out
of agricultural use.
Functioning of industrial parks in Romania
Administrators of these parks are
supported in terms of maintaining a set of balanced management policies clearly
mentioning the importance of following regulations established by them. Residents
of these parks are bound to take into account details concerning organizational
strategies and also the selection of residents’ process. The administrator is
the one who will receive the title defining the industrial park as issued by
the Ministry of Regional Development and Public Administration. For old industrial
platforms which went through the process of privatization a different system will
apply based on a government decision or specific legislative measures. The order
issued by the Ministry of Regional Development and Public Administration clearly
establishes the validity of the title for the park.
Through these last changes, the
authorities evidently emphasized the principles which are fundamental when
establishing industrial parks in Romania. The importance of introducing new job
opportunities is crucial. The administrator does not have permission to
encourage or initiate any activity that fails to comply with rights and
liberties of residents. Park residents should be treated equally and using the
same principles-based standards. The founders of the project must file the
application in order to be granted the park title. References concerning the
nature of the land on which the park will be built impose a number of
limitations. Thus the minimum land area must be of at least five hectares and it
is also important to have a unitary character (except for those which are
crossed by access roads). There must be a solid guarantee concerning the access
to European routes, national primary roads or ring roads. The land in question
can be administrated by residents, the founders or the administrator himself.
As we mentioned before, this field is constantly developing requiring various
interventions at legal level. Our law office provides legal advice in order to
identify best strategies to be followed in establishing an industrial park.
Our lawyers are committed to propose a number of approaches that exercise
effective legal regulations constantly offering, to all clients, details
concerning the evolution of the project and possible alternatives that might
improve perspectives.
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