Edition 2020 Ninth edition
parties in writing of its existence
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a6048c931cdc93 TEGOVA EVS 2020 digital
parties in writing of its existence. Where a valuation must be signed in the name of a valuation company rather than by a named individual valuer, this Code applies to the company and also to any individual employed by the company to undertake valuation work. European Valuation Standards 2020 VII. European Union Legislation and Property Valuation 327 1. General Introduction 2. The EU Internal Market 3. Health and Safety 4. Energy 5. Environment 6. The Common Agricultural Policy 7. Schedule of EU Legislation 328 VII. European Union Legislation and Property Valuation European Valuation Standards 2020 Caution — This text is prepared as a brief, general review of EU legislation as it may apply to property and/or property valuation. It offers signposts for, not guidance on, what are often complex technical subjects. Most of the legislation under review has been made by Direc- tives. This means that Member States will generally have used their own legislation to imple- ment it. Likewise, many provisions of Regulations may be incorporated and/or supplemented in national legislation. It is thus likely that there will be local features of significance as well as interactions with other domestic law. The present text is intended to offer general assistance to valuers in their professional ca- pacity — not in any other role, including the ownership of property — and is based on an under- standing of the law as at 1 October 2020. Where an issue is relevant to a valuation, the valuer is advised to seek further specific information or advice on appropriate points. 1. General Introduction 1.1. European Union (EU) legislation and property valuation — The valuation of a property can only reflect the actual market as it exists on the valuation date with its balance of supply and demand, hopes and concerns and the information the market thinks relevant. Legislation and policy relevant to the property are part of that matrix. 1.2. In particular, it should be underlined that EU legislation has an increasingly im- portant impact on the use, management, associated costs, development oppor- tunities and value of property. Indeed, whereas Article 345 of the Treaty on the Functioning of the European Union (TFEU) states that "[t]he Treaties shall in no way prejudice the rules in Member States governing the system of property ownership", their general economic provisions do have an impact on property. This impact is twofold. EU legislation may of course directly apply to property or activities closely associated with its ownership, occupation or use. But the impact can also be in- direct, where EU legislation applies to an activity on an area or site specific basis, creating opportunities or imposing limitations according to location. 1.3. For instance, while housing policy is not covered by the TFEU, the EU is active in legislating in a growing number of policy areas that affect property markets and professions. These include the promotion of energy efficiency and renewa- ble energy, environmental protection, discrimination by landlords, unfair contract terms, access to buildings by the disabled, regulation of retail services including shopping centre development, work site safety, construction products, construc- tion and building-related cartels, State aid to social housing companies, mortgage credit, capital requirements for mortgage lending and insurance, financial market European Valuation Standards 2020 VII. European Union Legislation and Property Valuation 329 reform, reduced rates of VAT on renovation and repair of housing, and money laun- dering. Just some of these topics are reviewed in this chapter. 1.4. In some cases, EU legislation makes specific provisions for property valuation. Thus, from a relatively early stage EU law on company accounting bore on the val- uation of property for the financial accounts of relevant companies. This has been developed for credit institutions by successive Capital Requirements Directives. Likewise, the State aid rules underline the need to have an independent expert valuation on the basis of generally accepted valuation standards. 1.5. Scope of EU legislation — For more than three decades, two particular areas of EU policy have developed enormously in ways that affect property and property valuation, namely the internal market programme and the environmental policy. In addition, the EU has adopted an array of instruments in relation to energy, health, safety and the Common Agricultural Policy which can also have direct and indirect effects on immovable property. 1.6. From its creation the EU has sought to promote the internal market in goods, ser- vices, labour and capital. 1.7. The creation of the internal market has had an impact on property markets. Indeed, while real estate, being 'immovable', is not subject to EU law ensuring the free movement of goods between Member States, the TFEU and EU legislation do ensure the free movement of capital and so the ability to buy or sell property any- where in the EU. In particular, the removal of borders between Member States for the free movement of capital has reshaped patterns of demand for all real prop- erty, both commercial and residential. In turn, this has affected matters relevant to valuations. 1.8. Its spirit and rules also influence legislation bearing on property. For instance, the EU framework for Value Added Tax (VAT) has a number of specific exemptions and reductions for transactions involving property. This affects transactions and has consequences for those who cannot fully recover VAT. In addition, reference can be made to the Jäger case Download 1.74 Mb. Do'stlaringiz bilan baham: |
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