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.

Read the untranslated law here: http://www.gacetaoficialdebolivia.gob.bo/index.php/normas/verGratis_gob2/153678

Law N ° 803 Act of May 9, 2016 EVO MORALES AYMA President constitutional of the PLURINATIONAL State of BOLIVIA, by how much, the plurinational Legislative Assembly, has sanctioned the following law: the Assembly Legislative PLURINATIONAL, DECREES: law of modification to law N ° 247 of June 5, 2012, regularization of the right owner on goods real estate urban intended for housing article 1. (OBJECT). This law aims to establish modifications and extend deadlines for the implementation of the law No. 247 of June 5, 2012, of regularization of the right owner about property real estate urban intended for housing.
ARTICLE 2. (MODIFICATIONS).
((I. Se modifican los Artículos 2, 6 incisos b), f) and h), 9, 11 and 15 paragraph 2, of the law No. 247 of June 5, 2012, of regularization of the right owner about property real estate urban for housing, with the following texts:? Article 2. (PURPOSE). I. the present law has by purpose: regulate in the via administrative titles subject to correction relating to data of identity of them people natural proprietary or data technical of a well property urban destined to housing.
Acquire property rights in courts, through regularization by people possessing natural and possessors of good faith of a home located within the urban area, and that do not have another property, in accordance with the procedure and requirements established in this law.
II. regularization of the proprietary right comprises the judicial and/or administrative procedures for registration and/or correction of the proprietary right, before: competent court, offices of real rights and municipal autonomous governments.?
(((II. Se modifican los incisos b), f) and h) of article 6 of the law No. 247 of June 5, 2012, of regularization of the right owner about property real estate urban for housing, with the following text:? b) refer to the autonomous Ministry documents for the corresponding processing of the homologation of the radio or urban area, whose conduct will have one period of no more than three (3) months provided they meet all the requirements.? (?f) register by law Municipal, in them offices of rights real, them areas of assignment in the percentage existing physically in the sector, to obtain the registration of the property and Folio Real that corresponds a time approved them planimetries in the process of regularization.? (? h) refer to the plurinational Legislative Assembly for approval, the Bills of alienation of public to third party property and real estate of institutional heritage. ?
III. is modifies the article 9 of the law No. 247 of 5 of June of 2012, of regularization of the right owner on real estate urban destined to housing, with the following text:? Article 9. (LEGITIMATION ACTIVE). They are legitimate and entitled to trigger legal proceedings in the framework of this law, the beneficiary possessing and/or beneficiary owners in accordance with the following deadlines: in municipalities that began the process of approval of the radio or urban area, to activate its legitimacy is given within three (3) years, computable from the issuance of the Ministerial resolution for the approval of the radio or urban area by the Ministry of autonomies.
In municipalities that have radio or urban area approved by Supreme resolution or law before the June 5, 2012, to activate its legitimacy is given within three (3) years, computable from the publication of this law.
In them municipalities that have with radio or area urban approved by resolution Supreme for effects of regularization of the right owner later to the 5 of June of 2012, to activate its legitimation is gives the term of three (3) years starting from the publication of the present law.
In the municipalities that did not start the process of approval of the radio or urban area within the framework of the law N ° 247, regularization of the right owner about property real estate urban for housing, to activate its legitimacy is granted within two (2) years, computable from the issuance of the Ministerial resolution for approval of urban area by the Ministry of autonomous or radio.?
IV. is modifies the article 11 of the law No. 247 of 5 of June of 2012, of regularization of the right owner on real estate urban destined to housing, with the following text:? Article 11. (ELIGIBILITY REQUIREMENTS).
I so that the competent judge supports the demand of regularization of the proprietary right, the beneficiary owner or the beneficial owner must meet mandatory requirements: voluntary declaration before a notary of public faith of the time and place of continuous, public, peaceful possession and in good faith.
Photocopy legalized to regularize the planimetry or reference individual level that unequivocally demonstrates the exact location, close and dimensions of the property.
Certification of no property urban at the national level, issued by rights in rem. Statement witness of them adjoining and/or two (2) neighboring or neighbouring of the property in a radio not greater to one hundred (100) meters, that prove the possession continuous, public, peaceful and of good faith of the well property, at least five (5) years previous to the 5 of June of 2012.
II. in order demonstrate the compliance of them requirements provided in the article 10 of the present law, them possessing beneficiary or holders beneficiaries, besides present them requirements established in the paragraph I of the present article, must accompany minimally one (1) of them following documents to the demand main: photocopy simple of card of identity and sketch of location exact of the housing.
Receipts of payment of public services that clearly denote the exact address of the property and the possession continues, public, peaceful and good faith of the property, at least five (5) years prior to June 5, 2012.
Proofs of payment of taxes to the property property, corresponding to at least the last three (3) steps.

III. in consideration to the process of regularization of the proprietary right aims at the acquisition of the title, is not constituted as a requirement the presentation of a previous title.
IV. municipalities that have urban area approved by Supreme resolution or national law prior to the Act No. 247 of June 5, 2012, is not a requirement for the admission of the demand of regularization of the proprietary right, the homologation of urban area or the radio.?
V. Amending the paragraph 2 of article 15 of the law No. 247, 5 June 2012 of regularization of the right owner about property real estate urban for housing, with the following text:? Article 15. (TRANSFER OF PUBLIC PROPERTY). (A efectos de la aplicación de la presente Ley: 2) the autonomous territorial entities to carry out the transfer of public property and property of institutional heritage, must have the approval of their legislature and plurinational Legislative Assembly, to effect compliance with this Act.?
ARTICLE 3. (EXTRAORDINARY PROCESS). Applies to the judicial procedures of regularization of the property rights in accordance with the law No. 247 of June 5, 2012, of regularization of the right owner about property real estate urban for housing, from the publication of this law, the extraordinary process provided for in article 369 et seq. of the law No. 439 of 19 November 2013 , ? Code procedural Civil?.
ARTICLE 4. The time limits laid down in article 2 of this law, amending article 9 of the law N ° 247 of 5 June 2012, be computed from the publication of this law.
SOLE TRANSITIONAL PROVISION. Right owner summaries of regularization processes, established before the publication of this law, will continue its processing according to the law N ° 1760,? Code of Civil procedure?.
FINAL PROVISIONS FIRST. Municipal self-government that did not start the process of delimitation of their radios or urban areas until June 5, 2013, are given the exceptional period of one (1) year from the entry into force of this law, to initiate the approval process to the Ministry of autonomies.
THE SECOND. The omission from them authorities competent, to it willing in the present law, carries them responsibilities established in normative force.
THIRD. Amending paragraphs 21 and 22 of article 16 and paragraphs 27 and 28 of article 26 of the law N ° 482 9 January of 2014, of autonomous municipalities, as amended by law No. 733 September 14, 2015, with the following text:? Article 16. (POWERS OF THE CITY COUNCIL). The City Council has the following powers: 21) authorized by Municipal resolution by two-thirds of votes of the total number of its members, the disposal of public property and real estate of institutional heritage of municipal self-government, so the mayor or Mayor proceed pursuant to paragraph 13 of the first paragraph of the article 158 of the political Constitution of the State.
(22) adopted by Municipal law by two-thirds votes, the alienation of municipal assets and goods and chattels of institutional heritage, and must comply with provisions of the law of the central State level.?

? Article 26. (POWERS OF THE MAYOR OR MUNICIPAL MAYOR). The mayor or Municipal Mayor, has the following responsibilities: 27) present to the City Council, Municipal Bill of alienation of municipal assets and goods and chattels of institutional heritage.
(28) present to the City Council, Municipal Bill of authorization of alienation of public domain goods and real estate of institutional assets; Once enacted, refer it to the plurinational Legislative Assembly for approval.?
SOLE REPEAL AND ABROGATION PROVISION.
I be repealed: the article 13 of the law N ° 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 seventh transitional provision of law No. 247 of June 5, 2012.
II. appeal and repealing all provisions contrary to this law.
Refer to the Executive Body for constitutional purposes.
Two thousand and sixteen is given in the room sessions of the Assembly Legislative plurinational, twenty-eight days of the month of April of the year.
FDO. José Alberto Gonzales Samaniego, Lilly Gabriela MONTAÑO Viana, Victor Hugo Zamora Castedo, Noemi Nativity Diaz Taborga, Mario Mita Daza, Ana Vidal Velasco.
Therefore, it enacted so that is has and meets as law of the State multinational of Bolivia.
Government Palace of the city of La Paz, to the nine days of the month of may of the year two thousand and sixteen.
FDO. EVO MORALES AYMA, Juan Ramón Quintana Taborga, Milton clear Hinojosa, Virginia Velasco Condori, Hugo Jose Siles Nuñez del Prado.