Art. 20. Public work realized at private expenses

1. This Code shall not apply to cases in which the public authority concludes and agreement through which a public or private entity commits itself to the realization, at its total care and expense and after having obtained the necessary authorization, of a public work or a functional lot thereof or part of the work provided for in the framework of town planning tools or programs, without prejudice to what provided for in Article 80.

2. The administration, before concluding the agreement, shall evaluate that the project of feasibility for the works to be executed with the indication of the maximum time frame within which they have to be concluded and the scheme of the relevant procurement contracts presented by the counterpart shall respond to the realization of public works as referred to in paragraph 1.

3. The agreement shall also regulate the consequences in case of failure to comply, also including any penalty clause or substitutive power.