The amendment – addition of the Ministry of Development and Investments was submitted, which concerns the 3% ceiling on professional leases.
The amendment was added to the draft law of the Ministry of Shipping and Island Policy entitled “Modernization of the institutional framework for the operation of pleasure craft and cruise ships, strengthening the competitiveness of the professional pleasure craft industry and other provisions”. The provisions of the amendment allow, from 1 January 2022 until 31 December 2022, an adjustment of the rent amounting to a maximum of 3%, in relation to the rent of 2021, for commercial and commercial real estate leases.
According to the summary analysis of the consequences of the regulation, the combination of the coronavirus pandemic and the geopolitical crisis in Ukraine, caused a global economic crisis of rising prices of international trade, which in turn led to a crisis of high inflation and decline. consumer purchasing power.
Commercial and commercial leases are adjusted in principle on the basis of current inflation.
However, these adjustments to an extraordinary inflation situation, which is unexpected for the monetary area of ​​the euro, can lead to a violent realignment of the real estate market which, in turn, is expected to cause secondary inflationary pressures and increase operating costs. particularly adverse economic effects for medium-sized, small and micro-enterprises specifically targeted to be protected by the proposed regulation.
The regulation
Setting a rent adjustment ceiling for commercial and commercial real estate leases for the year 2022
1. For the leases of real estate that fall within the scope of application of p.d. 34/1995 (A ’30), as well as article 13 of law 4242/2014 (A’50), it is allowed, from 1.1.2020 to 31.12.2022, adjustment of the rent amounting to three percent (3%), maximum, on the rent of the year 2021.
2. par. 1 occupies rent adjustments made after the 1st. 1.2022 and until the entry into force of this.
3. Paragraphs 1 and 2 do not apply to leases with a lessor:
a) Real Estate Investment Societe Anonyme (A.E.E.A.P.), of par. 1 of article 21 of law 2778/1999 (A ‘295), or
b) companies, the majority of whose registered shares, units or units or voting rights belong, directly or indirectly, to Alternative Investment Organizations (Alternatives Investments), which are managed by Managers of Alternative Investment Organizations (IOC). .Ε.), Governed by Law 4209/2013 (Α ‘235) and Directive 2011/61 / EU and whose registered office is not in a non-cooperative state in the tax sector, as defined in Article 65 of Law 4172/2013 (A ‘167) on the Income Tax Code, and in a third country designated by the European Commission as having a high risk of money laundering or terrorist financing, as defined in Article 16A of Law 4557/2018 ( A’139) and in Regulation (EU) 2016/1675 (L 254),
c) an enterprise operating a shopping center, within the meaning of article 2 of the decision of the Deputy Minister of Economy and Finance (Î’ ‘2022) under elements 1093809/8296/1161 / Î’0014 / 15.10.2007, which has, at a minimum, a total area of ​​fifteen thousand (15,000) sq.m. on one or more levels.
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