The recently published Government Ruling nr. 113/2015, dated 22 April, identifies the elements needed for instructions related to several procedures foreseen in the legal framework for the licensing of urban and construction operations – notably construction, reconstruction, modification, conservation, demolition or infrastructure works, or other urban procedures, such as plot divisions. The legal framework (the RJUE) corresponds to Decree-Law nr. 555/99, as amended on numerous occasions – most recently in September 2014 – which came into force in January 2015.
Costa Rica has an imminent need to develop infrastructure in all areas (roads, rail transport, ports,airports, educational and correctional facilities, etc). The Government by itself does not have the resources to meet all these needs and public interest obligations, but to do so, it can seek thecollaboration of the private sector.
The scheme to be followed in Spanish public-private partnerships (PPPs) as a way to privatise infrastructure in Spain will inevitably depend on the nature of the infrastructure itself. If it is to be used or built to provide public services (those which provision the Government or local Administration have declared reserved to themselves), such infrastructure is qualified as public domain infrastructure and, thus, cannot be sold to private investors, but they can be contracted to build and operate them. However, the public entity which holds this infrastructure can contribute to a company and transfer a stake of its equity to a private investor. If the infrastructure is not to be used to provide public services, it can be sold to private investors or contributed to a company, and such entity sold to those investors. There are inevitably variables between the diff erent types of structures, many of which require careful consideration by constructors and financiers alike.