Law Of Modifications To The Law N ° 247 Of 5 Of June Of 2012, Of Regularization Of The Right Owner About Real Estate Urban Destined To Housing.

Original Language Title: LEY DE MODIFICACIONES A LA LEY N° 247 DE 5 DE JUNIO DE 2012, DE REGULARIZACIÓN DEL DERECHO PROPIETARIO SOBRE BIENES INMUEBLES URBANOS DESTINADOS A VIVIENDA.

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law n ° 803 law of 9 MAY 2016

EVO MORALES AYMA CONSTITUTIONAL PRESIDENT OF THE PLURINATIONAL STATE OF BOLIVIA

As soon as the Plurinational Legislative Assembly has sanctioned the following Law:

PLURINATIONAL LEGISLATIVE ASSEMBLY,

DECCRETA:

LAW OF AMENDMENTS TO LAW N ° 247 OF 5 JUNE 2012, OF REGULARISATION OF THE OWNER ' S RIGHT ON URBAN REAL ESTATE FOR HOUSING

ARTICLE 1. (OBJECT). This Law aims to establish modifications and extend the deadlines for the application of Law No. 247 of June 5, 2012, of Regularization of the Law Owner on Urban Real Estate Intended for Housing.

ARTICLE 2. (AMENDMENTS).

I. Articles 2, 6 points (b), (f) and (h), 9, 11 and 15 numeral 2, of Law No 247 of 5 June 2012, of Regularization of the Right of Owner on Urban Real Estate Intended for Housing, with the following texts:

? Article 2. (PURPOSE). I. This Law is intended to:

Regularize in the administrative route titles subject to correction concerning the identity data of natural persons who own or technical data of an urban property intended for housing.

Acquiring the proprietary right on the court, through the Regularization by natural persons

possessing and having good faith in a dwelling located within the urban area, and that do not have other immovable property, in accordance with the procedure and requirements

II. The regularisation of the proprietary right includes the judicial and/or administrative formalities for the registration and/or correction of the right owner, before: competent judicial authority, Real Rights Offices and Municipal Autonomous Governments.?

II. Amend points (b), (f) and (h) of Article 6 of Law No. 247 of June 5, 2012, of Regularization of the Owner Right on Urban Real Estate Intended for Housing, with the following text: ? b) To issue to the Ministry of Autonomy the documents for the corresponding treatment of the approval of the radio or urban area, whose substance will have a period of not more than three (3) months as long as they are met with all the requirements.? ?f) Register by means of Municipal Law, in the offices of Royal Rights, the areas of cession in the percentage physically existing in the sector, until obtaining the registration of the real estate and Folio that corresponds once approved the planetrias in the regularization process.? ?h) To issue to the Legislative Assembly Plurinational for approval, the Projects of Law on the disposal of public domain goods to third parties and real estate of Institutional Heritage. ?

III. Article 9 of Law No. 247 of June 5, 2012, of Regularization of the Owner Right on Urban Real Estate Intended for Housing, is amended with the following text:

Article 9. (ACTIVE LEGITIMATION). They are legitimized and legitimized to operate judicial processes under this Law, the beneficiaries and/or beneficiaries who are beneficiaries according to the following deadlines:

In the municipalities that started the The process of approval of the radio or urban area, to activate its legitimization, is granted the three (3) year period, which can be computed from the issuance of the Ministerial Resolution of the approval of the radio or urban area by the Ministry of Autonomy.

In municipalities that have radio or urban area approved by Supreme Resolution or Law before June 5, 2012, to activate its legitimization is granted the term of three (3) years, computable from the publication of this Law.

In the municipalities that have radio or area In order to activate its legitimization, the term of three (3) years from the publication of this Law is granted.

In municipalities that did not start the approval process for the radio or area In the framework of Law No. 247, of Regularization of the Law Owner on Urban Real Estate Intended for Housing, to activate its legitimization, the deadline of two (2) years, computable from the issuance of the Resolution, is granted Ministerial of approval of the radio or urban area by the Ministry of Autonomy.?

IV. Article 11 of Law No. 247 of June 5, 2012, of Regularization of the Owner Right on Urban Real Estate Intended for Housing, is amended with the following text:

? Article 11. (ELIGIBILITY REQUIREMENTS).

I. In order for the competent Judge or the competent Judge to accept the demand for regularisation of the owner's right, the beneficiary holder or holder must comply with the following requirements:

Voluntary Declaration of Public Faith Notary of the Time and Place of Continuous, Public, Peaceful and Good Faith Possession.

Legalized Photoscopy of the Referential Individual Plane or Planar Individual Plane that demonstrates unequivocally the exact location, colindances and dimensions of the immovable property to regularize.

Certification of non-urban property at the national level, issued by Royal Rights. Statement of evidence of colindants and/or two (2) neighbors or neighbors of the building in a radius not greater than one hundred

(100) meters, which accredit the continuous, public, peaceful and good faith possession of the immovable property, at least five (5) years prior to 5 June 2012.

II. In order to demonstrate compliance with the requirements laid down in Article 10 of this Law, the beneficiary or beneficiary holders, in addition to the requirements laid down in the Paragraph I of this Article shall be accompanied by a minimum of one (1) of the following documents to the main claim:

Simple photocopy of the identity and the exact location of the housing.

Receipts of payment of public services which clearly denote the exact direction of the building and possession

continues, publicly, peacefully and in good faith of the real estate, at least five (5) years prior to June 5, 2012.

Building property tax payments, corresponding to at least the last three (3) demarches.

III. In view of the purpose of the process of regularisation of the proprietary right is the acquisition of the title of ownership, the presentation of an earlier title is not a requirement.

IV. In municipalities with an urban area approved by Supreme Resolution or National Law prior to Law No. 247 of June 5, 2012, a requirement for the admission of the right to regularisation of the law is not a requirement. owner, the approval of the radio or urban area.?

V. The number 2 of Article 15 of Law No 247 of 5 June 2012 on the Regularization of the Owner's Right on Urban Real Estate Intended for Housing is amended, with the following text:

Article 15. (TRANSFER OF PUBLIC REAL ESTATE). For the purposes of applying this Law:

2) The Autonomous Territorial Entities to make transfers of public domain goods and property of institutional assets, shall count with the approval of its Legislative Body and the Plurinational Legislative Assembly, in order to comply with this Law.?

ARTICLE 3. (EXTRAORDINARY PROCESS). For the judicial procedures for the regularization of the owner's right under Law No. 247 of June 5, 2012, of Regularization of the Law Owner on Urban Real Estate Intended for Housing, as of the publication of This Law shall apply the extraordinary process provided for in Article 369 et seq. of Law No 439 of 19 November 2013,?Civil Procedure Code?.

ARTICLE 4. The deadlines set out in Article 2 of this Law, which amends Article 9 of Law No. 247 of June 5, 2012, will be computed from the publication of this Law.

TRANSITIONAL PROVISION

ONLY. The Sumaries of Regularization of Law Owner, established before the publication of this Law, will continue their processing as established in Law No. 1760,?Civil Procedure Code?.

FINAL PROVISIONS

FIRST. The Autonomous Municipal Governments that did not initiate the process of delimitation of their radios or urban areas until June 5, 2013, are granted the exceptional period of one (1) year, starting from the validity of this Law, to initiate the Approval procedure before the Ministry of Autonomy.

SECOND. The omission by the competent authorities, as provided for in this Law, entails the responsibilities established in current regulations.

THIRD. Article 16 (21) and (22) and Article 26 (27) and (28) of Law No 482 of 9 January 2014 on Municipal Autonomous Governments, as amended by Law No 733 of 14 September 2015, are amended as follows:

? Article 16. (RESPONSIBILITIES OF THE MUNICIPAL COUNCIL). The City Council has the following attributions:

21) Authorize by Municipal Resolution issued by two-thirds of the votes of the total of its members, the disposal of goods of public domain and property Institutional Heritage properties of the municipal autonomous government, so that the Mayor or the Mayor continues with the provisions of Article 158, paragraph 13, of the Constitution of the State.

22) Approving by Municipal Law by two-thirds of the votes, the disposal of Municipal Property and Property Property of Institutional Heritage, and must comply with the provisions of the Law of the Central Level of the Status.?

? Article 26. (PRIVILEGES OF THE MAYOR OR THE MUNICIPAL MAYOR). The Mayor or Municipal Mayor has the following attributions:

27) Present to the City Council, the Municipal Law Project on the disposal of Municipal Property and Property Property Institutional Heritage.

28) Present to the City Council, the Municipal Law Project for the authorization of the disposal of Public Domain Goods and Property Property of Institutional Heritage; once enacted, refer you to the Legislative Assembly

Plurinational for your approval.?

REPEAL AND ABROGATORY DISPOSITION

ONLY.

I. They are repealed:

Article 13 of Law No. 247 of June 5, 2012.

The Third Transitional Provision of Law No. 247 of June 5, 2012.

The Fifth Transitional Provision of Law No. 247 of June 5, 2012.

The Sixth Transitional Provision of Law No. 247 of June 5, 2012.

The Transitional Provision Seventh of Law No. 247 of June 5, 2012.

II. provisions contrary to this Law shall be abrogated and repealed.

Remit to the Executive Body for constitutional purposes.

It is given in the Session Room of the Plurinational Legislative Assembly, to the Twenty-eight days of the month of April of the year two thousand sixteen.

Fdo. José Alberto Gonzales Samaniego, Lilly Gabriela Montano Viana , Victor Hugo Zamora Castedo, Noemi Natividad Díaz Taborga, Mario Mita Daza, Ana Vidal Velasco.

Therefore, it has been enacted to comply with the law of the State. Plurinational of Bolivia.

Palace of Government of the city of La Paz, nine days of the month of May of the year two thousand sixteen.

FDO. EVO MORALES AYMA, Juan Ramón Quintana Taborga, Milton Claros Hinojosa, Virginia Velasco Condori, Hugo José Siles Núñez del Prado.