Law On Regularization Of Landlord Law On Urban Real Estate Used For

Original Language Title: LEY 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_gob2/139897

Law No. 247 law of June 5, 2012 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, D E C R E T A: law of regularization of the right owner about property real estate urban DESTINED to housing title I provisions General Chapter object , Purpose and definitions article 1. (OBJECT). This law aims to the regularization of the property rights of natural persons who are in continuous, public, peaceful possession and in good faith, of a property intended for housing, located inside the urban radio or urban area.
Article 2. (PURPOSE). The purpose of this Act is the permit legally and technically the property rights of an urban property destined to housing, those who are possessing beneficiary or beneficiaries without title holders and those owners who possess titles subject to correction.

Article 3. (SOCIAL ORDER). In accordance with the provisions of the political Constitution of the State, any person has the right: to decent housing, private property and the habitat; and obligation of the State to guarantee and to universalize the full exercise of the same.
Article 4. (PRINCIPLES). The principles governing this law are: the respect for private property.-every person has the right to individual or collective private property provided that this fulfilled a social purpose and the State has the duty to respect it.
Right human to one housing dignified and Habitat.-is the right that every person has a habitat and adequate housing that dignifies the family and community life.
Speed-the processes and procedures must not suffer unnecessary delays or overcome legal deadlines.
Live well-is the access and enjoyment of material goods and the realization of affective, subjective and spiritual; in harmony with nature and community with human beings.
Coordination-is the harmonic relationship between the organs of the Central State level and the autonomous territorial entities.
Equity of gender-is a guarantee of the full exercise of freedoms and the rights of women and men in the political Constitution of the State.
Justice-is the application of the Supreme principles of the law to all persons in relation to the fulfilment of the basic conditions emerging from the application of the laws and the criteria of equity and equality that deserve.
Security legal.-is the objective application of the law, providing certainty and predictability to the rights, guarantees and duties of persons, legal system, good faith and public order.
Article 5. (DEFINITIONS) For the purposes of this law the following definitions are adopted: urban or urban-portion of the territory or continuous use of urban land, with consideration of the typology of the building, according to levels of habitability and taking into account the functional and environmental compatibility.

Area of risk-Areas of danger to life or health, as the black areas and the areas of ecological fragility.

Area subject to review-Area located to the inside of a human settlement whose regularization is conditioned to the review and verification of technical, legal and social conditions, to be regularised subsequently should be viable.

Irregular human settlement-occupation on grounds of public or private property where there are homes built on the sidelines of the current urban development rules.
Human settlements to regularize-real estate inhabited used for presenting technical and legal problems regarding his tenure.

Urban real estate-land with construction intended for housing, permanently inhabited and is located within the urban radio or urban area.

Good faith: When the holder believes acquiring the true owner or holder of the thing or the right, the good faith is presumed and who alleges that there was bad faith, you must try it.

Urban cadastre-public inventory valued in graphic and alphanumeric character of existing in a geographically determined area real estate.

Corrections of identity-corrections of names, surnames, certificate of identity, marital status, date and place of birth.

Corrections and registration techniques-corrections and inscriptions of surface, location, address, close, front and bottom.

Specialized technical study-research that determines the physical characteristics of a portion of territory and their environment, depending on its use and urban occupation technically.

Urban improvement.-provision and/or improvement of public services, construction of works in the public spaces of the areas regularized, to improve their conditions of habitability and space integration to the city.

Planimetry: Graphical representation georeferenced from a consolidated urban settlement, respecting technical standards for graphics, susceptible of regularization after urban design.

Beneficiaries, holders beneficiaries.-natural persons, possessing that access to the process of regularization of the property rights on housing for urban real estate and is in continuous, public, peaceful possession and in good faith, according to the provisions of this law, without affecting the rights of third parties.

Regularization-observations sanitation process legal technician who allow the obtaining of the property rights on real estate urban, with the respective registry.

Active legitimization.-procedural faculty who have natural persons for the filing of an action pursuant to this Act.

Title II regularization processes chapter I General article 6 procedures. (MUNICIPAL SELF-GOVERNMENT). Within the framework of the provisions of article 15, paragraph II of the article 299 of the political Constitution of the State, the autonomous municipal governments shall comply with the following precepts for the purposes of this law: the Governments autonomous municipal for the regularization of property rights that apply this law, shall delimit their radios or urban areas in one nongreater term to a year from its publication.

Refer to the Ministry of development planning, the documents for the appropriate processing of the homologation of urban radio or urban areas, whose conduct will have one period of no more than three months provided they meet all the requirements.

Make public the results of the regularization of property rights on urban real estate.

Maintain and update cadastral information, with respect to the regularization of the property rights on urban real estate in a permanent and obligatory.

Approve planimetries product of the regularisation processes, recognizing the physical consolidation of the settlement resulting from public areas, with the exception of the areas subject to review.

Register at the offices of real rights areas of assignment in the percentage of physically existing in the sector, to obtain the registration of the building and Royal Folio that once approved the mappings in the process of regularization.

Check the characteristics and contents of the titles of property, maps, cadastral certificates and other documentation related to regularization product developments and population settlements, in order to verify the accuracy of the legal and physical information.

Refer to the plurinational Legislative Assembly bills of alienation of public property to third parties for processing.

Elaborate and approve exceptional regulatory procedures for the technical regularisation of the constructions located in urban estate regularized within the framework of this law.

Set the margins of tolerance of errors in the mappings, in coordination with the offices of rights in rem.

Chapter II procedure of under-registration of identity data and technical data article 7. (REGULARIZATION OF PROCEDURES FOR REGISTRATION ON REAL RIGHTS).
I registrars of the offices of real rights in the request of a party, must regularize the registration formalities of the right owner in a: identity corrections that apply in the respective Judicial District. Corrections of identity shall be by means of a public deed sub-enroll unilateral rectification with support of a certificate or administrative resolution of the General Service of Personal identification.

Corrections and technical registrations. Technical corrections to surface, location and borders will proceed by under-registration of a public deed of unilateral clarification, backed by a Municipal administrative technical resolution, cadastral certificate or other document issued by the competent authority of the municipality in coordination with rights in rem.
II. emerging procedures of the processes described in paragraph I of this article are subject to procedures established on property rights through express regulations and circulars within 20 days, and parameters.

Chapter III JUDICIAL process for INDIVIDUAL regularization article 8. (JURISDICTION). The public judges in Civil and commercial matters, have

In addition to the jurisdictional competence granted by law, the meet and resolve individual legal actions relating to the regularization of the property rights on immovable property located in urban or urban radio in the first instance, defined within the framework of the regularisation process and in accordance with the procedure laid down in article 13 of this law.

Article 9. (ACTIVE LEGITIMIZATION). They are legitimate and legitimized to trigger the beneficiary holders and/or beneficiaries holders within a period of two (2) years, computable from the publication of the Supreme resolution for the approval of the municipal rule that approves the delimitation of urban radio or urban area.
Article 10. (URBAN IMMOVABLE SUBJECT TO REGULARIZATION).
I proceed regularization of the urban property destined to housing, that as a result of the regularisation process, demonstrate the simultaneous fulfilment of the following requirements: have permanently inhabited buildings aimed at housing, with one age of not less than five (5) years, prior to the enactment of this Act.

Public in good faith, peaceful and continuous possession.

That you are within the urban radios or approved urban areas.
II. not applicable the regularization of the property rights on urban real estate: in cases in which the Te is a real right of use, usufruct, room.

In cases that will stop the real estate as a garment, leasing, commodatum, antichresis and similar.

In cases in which the i.e. has the status of guard, watchman, depositary, caregiver, and other similar.
Article 11. (ELIGIBILITY REQUIREMENTS). So that the competent judge supports the demand of regularization of the property rights on the real urban property destined to housing in the context of the present law, the beneficiary owner and/or beneficiary holder must comply with the following requirements: submit for consideration by the competent judge, any means of proof that considers relevant to the process of regularisation, which proves the requirements laid down in article 10 of this law , among which are: witness statement of two adjacent and/or two neighbour or neighbours of the property within one radius of no more than 100 meters, proving the possession continues, public, peaceful and good faith of the property, at least five (5) years prior to the publication of this law.

Receipts of payment of public services that clearly denotes the exact address of the property.

Sketch of the exact location of the property.

Proof of payment of taxes on the real property, corresponding to at least the five (5) years.

Certificate of completion of municipal procedures.

Identity card or biometric register.

Mandatory must be submitted the following documents: voluntary declaration before a notary of public faith of the time and place of possession, continues, public, peaceful 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, issued by rights in rem.
Article 12. (PROHIBITION).
I is prohibited to regularize more than one real urban property destined for housing at the national level within the framework of this law; otherwise the processes established by the plaintiff or the actor will be subject to nullity of the formality of the process of regularization.

II. do not begin is regularisation processes in the framework of this law, when there are lawsuits initiated by third parties whose property rights are duly registered with rights in rem.
III. This prohibition does not reach the procedure of under-registration of identity data and technical data of the title II chapter II of this law.
Article 13. (SUMMARY PROCEDURE).
I the judicial processes of individual regularization of the right of ownership of real estate destined for housing urban, is processed by summary way, according to the provisions of the code of Civil procedure.
II. case of a constitutive sentence of proprietary right, your appeal must be granted the suspensive effect within the time specified in the code of Civil procedure.
III. No will admit in this procedure the appeal.
Article 14. (ENFORCEMENT OF DEADLINES). The public judges in Civil and commercial matters that are aware of and support the processes of regularization of property rights on housing for urban real estate, are strictly subject to the procedural deadlines in the code of Civil procedure referred to summary judicial proceedings.
Chapter IV transfer of real estate from the CENTRAL level of the State and of the autonomous territorial entities article 15. (TRANSFER OF PUBLIC PROPERTY). For the purposes of this law: the entities of the Central level of the State on whose premises had human settlements that have permanent buildings aimed at housing; with one age of not less than five (5) years prior to the publication of this law, according to the requirements laid down in article 11 of this law, you can start the process to disposition for valuable consideration in which will be perfected with the approval by law of the plurinational Legislative Assembly.

The autonomous territorial entities are authorized to transfer real estate of your property with the approval of its legislature and plurinational Legislative Assembly to effect compliance with this Act.

Published the law on approval of disposition by the plurinational Legislative Assembly, as beneficiary or beneficiaries of the same may initiate the processing of the registration of the property rights.
Article 16. (CONDITIONS OF PAYMENT).
I. the economic amount which will be cancelled in favour of autonomous municipal governments and other public entities, by the transfer of publicly owned premises, will be established on the basis of the cadastral value of the same. This amount must be deposited into the bank account of the public entity that holds the property rights.
II. to receive the full amount of the price established for the transfer of real estate public product of regularization, the Municipal self-government and other public entities, to be delivered to the buyer: deed of transfer with the description of the property and buildings, as well as the drawings showing the exact location with geographical references and limits;

Form of regularization technique.
Article 17. (MANDATORY). The Central level of the State and the autonomous territorial entities, obliged to prevent by all means, settlements in their jurisdiction.

Title III hazardous AREAS only chapter article 18. (RISK AREAS).
I to determine the viability of the regularization of the proprietary right of immovable urban property destined to housing in areas of risk, autonomous municipal governments shall carry out technical studies specialty on the basis of technical criteria defined by the executive organ of the Central level of the State.
II. in cases in which the Municipal self-government, had approved the settlements in areas of risk and appropriate the regularization of the proprietary right in accordance with the technical criteria set out in paragraph I of this article; Municipal self-government must relocate those affected in risk-free sectors.

Title IV program of regularization of landlord law on urban real estate used for chapter I article 19. Creates the program of regularization of owner right on real estate urban intended for housing under the tutelage of the Ministry of public works, services and housing in order to provide technical, administrative, and judicial processes of regularization of property rights, as well as the implementation of a computer system of record for the regularisation process control; the operation of this program will be regulated by Supreme Decree.
CHAPTER II ADDITIONAL PROVISIONS FIRST. The public judges in Civil and commercial matters that substantiate any cause in Declaration by best property rights in regard to housing, must obligatorily call an audience of conciliation, in the procedural state that the causes are.
If any settlement agreement, the corresponding Act will be approved judicially acquiring the quality of res judicata.
In case there is no settlement agreement the judge must sentence within the time limits set out in the Civil procedure.
THE SECOND. In those municipalities with conflict of limits, Municipal self-government may define only those free from conflict areas in order to not interfere with the process of regularization of the beneficiary owners of these areas, for this effect should be excluded upon areas territorial position.
Once solved the conflict of jurisdictional limits autonomous municipal governments may expand its urban radio or urban area including these areas.
THIRD. For marriages and marriages free or in fact checked, the title of regularization of the proprietary right of housing for urban real estate, will be issued and registered in favour of both spouses or cohabitants with full names with mandatory.

-FOURTH. All subjugation or illegal settlement, shall be punished in accordance with provisions in the criminal code.
TRANSITIONAL PROVISIONS FIRST. The beneficiaries or beneficiaries of this law are exempt or exempt from additional fees of professionals for the purpose of regularization schools.
THE SECOND. Treatment of urban human settlements inside areas subject to special regimes, will be treated under specific regulations according to the characteristics of each case.

THIRD. The judiciary, through the Council of the judiciary, will have public courts in Civil and commercial matters that ensures the timely and preferential processing of the cases derived from the regularization provided for in this law in each Judicial District. To this end the Ministry of economy and finance, will grant the judiciary economic resources according to budget availability.
-FOURTH. Participation and social control in relation to administrative actions of regularization of property right on the real estate urban destined to housing with administrative authorities; It shall be exercised pursuant to articles 241 and 242 of the political Constitution of the State.
QUINTA. Municipal laws that declare the municipal property constitute sufficient title to prove full rights and ownership of the autonomous municipal governments; provided that they do not affect the rights of individuals; registration process and must accompany the plane's exact location and boundaries.
6TH. Administrative procedures and judicial processes of regularization of property rights on urban real estate started and unsubstantiated in the framework of the law No. 2372 of regularization of the right owner urban on May 22, 2002, amendments to the law Law 2717 No. 2372 of regularization of the right owner urban on May 28, 2004 and the Supreme Decree Regulation No. 27864 November 26, 2004 they should continue to its conclusion with legislation that is came to progress the cause, in the non-extendable term of two (2) years from the promulgation of this law.
SEVENTH. Meanwhile public courts in Civil and commercial matters are implemented actions of regularization of the right of ownership of real property destined to housing, within the framework of this law, urban will be known and solved by the judges of instruction in Civil matters under the second transitional provision of the law N ° 025-June 24, 2010, the Judiciary Act.
THE EIGHTH. The registration of real rights will continue their functions according to the provisions of the seventh transitional provision of law No. 025 of the judiciary on June 24, 2010.
NOVENA. Autonomous municipal governments are empowered to proceed to any change of use of human settlements to regulate within the framework of this law.
FINAL PROVISIONS FIRST. The enforceable judgment, constitutes sufficient requirement to have real rights judge recorder record property rights.
THE SECOND. The executive organ of the central level of the Estadoemitira the regulatory Supreme Decree, in one nongreater term to the sixty (60) calendar days from the publication of this law.
Refer to the Executive Body for constitutional purposes.
Two thousand twelve is given in the room of sessions the Assembly Legislative plurinational, twenty-four days after the month of may of the year.
FDO. Lilly Gabriela MONTAÑO Viana, Rebeca Elvira Delgado Burgoa, Mary Medina Zabaleta, Maria Elena Mendez Leon, Luis Alfaro Arias, Angel David Cortés Villegas.
I therefore enacted it is and meets as a law of the plurinational State of Bolivia.
City of Cochabamba, in the fifth day of the month of June of two thousand twelve years.
FDO. EVO MORALES AYMA, Juan Ramón Quintana Taborga, Luis Alberto Arce Catacora, Arturo Vladimir Sánchez Escobar, Cecilia Luisa Ayllón Quinteros, Claudia Stacy clear penalty.