Overview
The application of the EU public procurement rules to contracts concerning land has given rise to complex issues and a detailed line of case law. It is clear that the procurement rules are not applicable to the sale or lease of land. However, in some cases, it can be unclear whether the contract at issue is truly a sale or lease or whether it in fact amounts to a public works contract or concession. That is the issue that has most often arisen in the case law and it usually occurs where a public body wishes to develop land in some way.
The UK Procurement Act 2023 continues the exemption, in the UK, for contracts for the sale or lease of land and buildings.