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The Rule Of Regularization Of The Domain For The Integration Of The Urban Partner Is A Public Declaration.

Original Language Title: REGIMEN DE REGULARIZACION DOMINIAL PARA LA INTEGRACION SOCIO URBANA INTERES PUBLICO - DECLARACION

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image start infoleg site The Ministry of Justice and Human Rights
DOMINIAL REGULARIZATION REGIME FOR THE INTEGRATION OF URBAN PARTNERS

Law 27453

Public Interest. Declaration.

The Senate and Chamber of Deputies of the Argentine Nation, meeting in Congress, etc.

Law:

DOMINIAL REGULARIZATION REGIME FOR THE INTEGRATION OF URBAN PARTNERS

Article 1-Declaration of public interest the urban partner integration regime of the Popular Barrios identified in the National Register of Popular Neighborhoods in the Process of Urban Integration (RENAABAP) created by decree 358/2017. Entiendase to "Barrio Popular" to the one with the characteristics defined in Chapter XI of Decree 2670 of 1 ° December 2015.

It is understood by integrating urban partner, for the purposes of this law, to the set of actions oriented to the improvement and extension of the social equipment and of the infrastructure, the access to the services, the treatment of the free spaces and public, the elimination of urban barriers, improvement in accessibility and connectivity, sanitation and environmental mitigation, strengthening of family economic activities, parcelary resizing, security of tenure and Dominial regularization. Such actions should be progressive, integral, participatory and with a gender and diversity approach.

Article 2-In order to proceed with its urban integration, declare itself of public utility and subject to expropriation, the totality of the real estate in which the Popular Neighborhoods are located in the RENAABAP, whose identification is adds as an annex, as provided for in Article 5 of Law 21,499.

Article 3-The national executive branch, through the Agency for the Administration of State Goods, which acts as an expropriating subject under the terms of Article 2 of Law 21,499, will identify the real estate to be expropriated in the RENAABAP, using the totality of the existing information, as well as that which it could obtain with the object of the best identification of the real estate subject to expropriation. For the individualization, the property will be prioritized in respect of which the agreements established in this law are concluded with the provinces, municipalities and the Autonomous City of Buenos Aires. In no case, will any process of expropriation or dominial regularization initiated be hindered.

Article 4-The declaration of public utility applies exclusively to the real estate in which the popular neighborhoods are located duly relieved and identified in the RENAABAP at the date of entry into force of this law. and whose property is not of the national state.

Article 5-Facultation to the national executive branch, through the Agency of State Assets Administration and the Ministry of Health and Social Development of the Nation, within the framework of its own competences, to dictate the regulatory norms, supplementary and clarifying the provisions of this law, which shall comply with the provisions of Article 3 of Decree 1172/2003.

Article 6 °-For the purposes of the implementation of this law, the Ministry of Health and Social Development of the Nation shall:

1. Create the Social-Urban Integration Program to determine, in conjunction with local jurisdictions, the comprehensive development plan necessary to meet the objectives of this law.

2. Implement jointly with the provinces, municipalities and the Autonomous City of Buenos Aires in which the real estate is located subject to expropriation and by means of specific agreements, socio-urban integration projects, which be subject to the technical, environmental and economic feasibility and planning criteria and the legal framework of each jurisdiction, in order to create conditions for improving the quality of life of its occupants.

3. To promote coordinated actions with the competent agencies and ministries, in order to facilitate access to basic public services by the inhabitants of the popular neighborhoods identified in the RENAABAP within the framework of the The Court of

Article 7 °-For the purposes of the implementation of this law, the Agency for the Administration of State Goods shall:

1. To determine definitively, in accordance with the RENAABAP and the limitations established by this law, the real estate subject to expropriation.

2. To request the intervention of the Court of State Tasings in order to carry out the appraisals provided for in Law 21,499 and to promote the expropriation process without delay or delay. This intervention must be requested within two (2) years after the date of entry into force of this law.

3. Promote the agreement with the registrants of the real estate subject to expropriation. To this end, the regulation shall set a period of time to agree, which may not exceed sixty (60) working days from the notification of the expropriation of the respective valuation by the Court of the Nation.

4. In case of lack of agreement, the Agency of State Administration of Goods shall initiate the judicial action of expropriation provided for in Article 18 of Law 21,499, within the ninety (90) working days of the failure of the (a) the time limit specified in the preceding paragraph, whichever is the first.

5. To establish a special regulatory framework for the control of homes located in the real estate identified in the RENAABAP, which will establish the consideration that the occupants of the property will assume. property subject to expropriation, promoting the most beneficial conditions for the acquisition of domain or use of the buildings. The fees payable may not exceed 20% (20%) of family income. The purpose of the regulated housing will be that of single, family and permanent housing, contemplating the family trade. The transfer between human persons can only be carried out for that purpose. This implies the absolute prohibition of their subsequent transfer to legal persons. The implementing authority shall enjoy the right of preference for future acts of disposal on immovable property subject to this scheme.

Article 8 °-Corresponds to the Ministry of Health and Social Development of the Nation and to the Agency for the Administration of State Goods in a joint or indistinct manner according to its powers:

1. To conclude agreements with the provinces, municipalities and the Autonomous City of Buenos Aires, in order to transfer the property of property of the local jurisdictions and to form part of the real estate subject to expropriation.

2. To conclude agreements with the provinces, municipalities and the Autonomous City of Buenos Aires in which the real estate subject to expropriation is located, in order not to affect the process of expropriation and subsequent Dominican regularization. which is established in this law. To this end, the agreements will establish mechanisms of provincial or municipal tax compensation, modalities of exemption in the payment of contributions to the professional cases involved and exemptions in the payment of taxes or other requirements administrative purposes that will be taxed by the domain translational writes to be celebrated. In addition, the agreements concluded will establish the commitments that the jurisdictions involved in budgetary, operational and partner-community aspects will assume; the same will include minimum standards for urbanization and construction.

3. To collaborate with the local authorities in the individualization of the Popular Barrios comprised in this law whose current location implies a serious risk to its inhabitants and to agree on the relocations that are essential when there are no alternative solutions available and according to internationally accepted resettlement criteria. The agreement to be concluded in each case should include the appropriate financing of the resettlement programs and the necessary works.

4. To celebrate with the provinces, municipalities and Autonomous City of Buenos Aires the agreements that aim to transfer the real estate and property of the national state in which the provinces, municipalities and the Autonomous City of Buenos Aires Aires would have implemented socio-urban integration projects.

Article 9 °-All the services arising out of each of the agreements signed for the fulfilment of this law, shall be addressed by the parties in accordance with the provisions of the respective conventions.

Article 10.-The implementation of projects aimed at the urban integration of the popular neighborhoods identified by the RENAABAP must be concretized with the participation, coordination and agreement of the provinces, the Autonomous City of Buenos Aires and the municipalities, seeking to incorporate their previous initiatives and experiences.

Article 11.-For the purposes of the implementation of this law, it is for the Court of Tasations of the Nation to set as a priority the objective values that are estimated on the affected real estate to be required by the competent bodies. In no case shall these values include improvements made by neighbours or urban gain. It is appropriate to compensate for the objective value determined by the court with the debts of taxes or fees that the owner of the goods subject to expropriation maintains with the tax and environmental liabilities.

Article 12.-The works to be carried out within the framework of the socio-urban integration projects mentioned in article 6 (2) of this law, as well as any work to be carried out in the Popular Barrios included in the RENAABAP To be awarded, in twenty-five percent (25%) at least, to worker cooperatives or other associative groups of the popular economy, preferably by the inhabitants of the Popular Barrios.

The General Audit Office of the Nation will monitor annually the implementation of the budget and the implementation of the projects of socio-urban integration and all the works that are carried out in the framework of this law with national funds.

Article 13.-Authorize the national executive branch to establish a trust in order to finance all the activities that are necessary to carry forward the object of this law. The trust will be empowered to maintain the trust property of all the buildings identified in the RENAABAP, including those owned by the national state and those of the provinces and municipalities and that are expressly For this purpose, they will be transferred to this end by specific agreements, such as those that are incorporated as a result of their expropriation, in order to affect them to the system of Dominican regularization for the social and urban integration established in this law.

Article 14. The trust created by the preceding article may be composed of:

1. National Treasury contributions assigned to it by the General Budget Law of the National Administration.

2. Funds provided by international organizations or non-governmental organizations.

3. Income from legacies and donations.

4. The income from any charge or contribution mechanism that is resolved in the opportunity of establishing the dominial regularization of the dwellings that are located in the real estate subject to expropriation.

To this end, the provisions of Article 15 of Decree 1382/12, as amended by Article 57 of Law 27.341, shall not apply in relation to the eventual production of the real estate owned by the national State that makes up the RENAABAP.

5. The contributions of the jurisdictions involved that are established in the agreements to be concluded provided for in Article 8 (2) of this Law.

6. Public credit operations that could be carried out.

The national executive branch will set the rules that will govern the trust that will be created in the framework of the previous article and that will be audited by the General Audit of the Nation.

Article 15.-Suspend for the period of four (4) years from the date of entry into force of this law, the actions and procedural measures that lead to the eviction of the real estate included in the RENAABAP, both the subject to expropriation, such as those owned by the State. The application of this Article is of public order.

Article 16.-Amend Article 2 of Law 21.890, which shall be worded as follows:

Article 2: Corresponds to the General Staff of the Government of the Nation:

1. To exercise the ownership of the Notary Registry of the National State, in which all the notarial acts in which the national State is a party or an interest shall be used.

2. To intervene in all the notarial acts in which their action is required by virtue of a social interest.

3. Register and file the titles of property of the property of the national State.

Article 17.-Incorporate as Article 4 (a) to Law 21.890, the following:

Article 4º: When reasons for the functionality of the agency so require, the Ministry of Justice and Human Rights of the Nation, on a proposal from the general scribe, may designate temporary adscriptural scribes, for the period of time. Consider convenient, with the same competence of the scribes. In respect of the transitional adscriptural scribes the time limit laid down in Article 5 shall be reduced to two (2) years.

Article 18.-According to the provisions of Article 33 of Law 21,499, in the case of the goods reached by this law, the expropriation shall be considered to be abandoned only if ten (10) years have elapsed since the publication of the law without the expropriant promotes the respective judgment of expropriation.

Article 19. This law shall enter into force on the day following that of its publication in the Official Gazette.

Article 20.-Commune to the national executive branch.

GIVEN IN THE SESSION HALL OF THE ARGENTINE CONGRESS, IN BUENOS AIRES, AT THE TEN DAYS OF OCTOBER OF THE YEAR TWO THOUSAND EIGHTEEN.

REGISTER UNDER NO 27453

MARTA G. MICHELETTI-EMILIO MONZO-Eugenio Inchausti-Juan P. Tunessi

NOTE: The Annex/s that integrates this (a) Law are published in the web edition of the BORA -www.boletinofficial.gob.ar-

ê 29/10/2018 N ° 81497/18 v. 29/10/2018

( Note Infoleg: The annexes referred to in this standard have been extracted from the Official Gazette web edition. The same can be found in the following link: Annexes )

( Note Infoleg : amendments to the Annexes which have been published in the Official Gazette are available on the link " This rule is supplemented or modified by X standard (s) ")