1. Legal Aspects Related to Brownfield Regeneration
Prof. Maros Finka, M.Arch. PhD.,
„This project has been funded with support from the European Commission. This publication [communication] reflects the views only of the author, and the Commission cannot be held responsible for any use which may be made of the information contained therein.“

2. Contents Contexts of legal instruments in brownfields redevelopment
Legal framework for brownfield regeneration
Legal and institutional preconditions for brownfield regeneration
ROUND TABLE DISCUSSION
Transferability and innovations in legal and institutional instruments
Conclusions

3. Context of legal instruments in the system of brownfield regeneration instruments
Structure of the instruments supporting brownfield regeneration
Types/categories of instruments
Core instruments
Legal and institutional instruments
Planning instruments
Economic and Financial instruments
Technical instruments
Complementary Instruments

4. Brownfield regeneration as a specific problem of legal environment
Integrative and particular legal acts
Particular problems in brownfield regeneration and sectoral legal framework
Management and planning legal framework
Involvement of public and private sector in the contexts of legal framework
Legal framework for public intervention
Legal preconditons for integration of social, economic, environmental and cultural aspects

5. Legal and institutional preconditions for different organisational models of brownfield regeneration managment
Management provided:
exclusively by the local government body
by the local government body focusing on the coordination of the re-development activities taken by the different public and private stakeholders
by the special unit (e.g. development agency) empowered by the public body
by the joint institution established in the public-private partnership (PPP)
by private investor under the collaboration under the cooperation with the other stakeholders (public representatives incl.)
by the exclusive developer

6. National specific system of legal and institutional instruments – overview
National specific system of legal and institutional instruments I.
Main types/ categories /fields of instruments
Legal Instruments
Property registration and description
National Property
Property ownership
Land consolidation
Development, planning, construction
Environmental legislation
Agricultural land protection
Self-governmental responsibilities at the regional, micro-regional and local levels
Minerals protection law
Forestry law
Cultural heritage
Norms and Standards
Orders, Decrees
Procurement law
Legal procedures
Other legal instruments

7. National specific system of legal and institutional instruments - overview
National specific system of legal and institutional instruments II.
Main types/ categories /fields of instruments
Institutional
Instruments
State and self governmental bodies
Local level
State and self- governmental bodies
Mircro-regional and regional level
National level
Specialised professional units
Joint coordination and management bodies at the local, micro-regional, regional and national level
Agreements, contracts
Policies
Other supporting institutions

8. National and local brownfield regeneration policies and management
National policies are mostly focused on:
identification of brownfields, and brownfield regeneration strategy
identification of the need of external interventions
providing support for the interventions (financial, organisational, institutional...)
coordination of local components
Local policies represent mostly:
specific brownfield regeneration strategy needs
examination of the wider impacts of the intervention regarding the surroundings
key role in brownfield regeneration management, as the integrated part of spatial development management at the local level, including the planning processes
active role in promoting brownfield regeneration by providing a complex policy framework integrating the sectoral policies (fiscal – subsidies, allowances, taxes, environmental – limits, fees, directions, orders, social-benefits, public services and resources – raw materials, financial, infrastructure, human sources)
co-ordination of sectoral policies, allocation of the resources, coordination of the exploitation of the sources in time and space is crucial role of the spatial development planning and especially land-use planning.

9. The role of legal aspects in the brownfield regeneration process
Introducing a set of legal instruments to reflect the pressing problem of abandoned old industrial sites, framing the brownfield regeneration processes allows more active interventions by the state:
to facilitate these processes,
to focus financial and other sources on defined priorities, and
to achieve much better progress in brownfield regeneration .  

10. Round table discussion
Moderated discussion focused on following questions:
Where can you see the gaps in current legal and institutional system regarding brownfield regeneration (country-specific gaps in the respective countries of the course participants)
Where can you see, based on your own experience, the inspirations for filling the gaps in national specific legal and institutional systems regarding the process of brownfield regeneration.

11. Transferability and innovations in legal and institutional instruments for brownfield regeneration
Development in legal and institutional frameworks of the brownfield regeneration process at the EU level
Outputs from the comparison of national specific legal and institutional frameworks among the project partner countries
Innovation needs in the respective country
Possibility for the transfer of approved instruments from other project partner countries and EU countries
Opportunity to use the outputs from the research projects supported by the EU

12. Conclusions – What did we learn?
The contexts and synergies of the legal and instutional aspects in brownfield regeneration management.
The key legal and institutional instruments supporting the brownfield redevelopment.
The possiblity for transfer of best practice from other countries.
The innovative approaches in legal and institutional frameworks for brownfield regeneration.

13. Thank you for your attention
„This project has been funded with support from the European Commission. This publication [communication] reflects the views only of the author, and the Commission cannot be held responsible for any use which may be made of the information contained therein.“