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

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LAW 247

2012 JUNE 5 ACT

EVO MORALES AYMA

CONSTITUTIONAL PRESIDENT OF THE PLURINATIONAL STATE OF BOLIVIA

For the Legislative Assembly Plurinational, has sanctioned the following Law:

THE PLURINATIONAL LEGISLATIVE ASSEMBLY,

D E C R E T A:

PROPRIETARY RIGHT REGULARISATION LAW

ON URBAN REAL ESTATE FOR HOUSING

TITLE I

GENERAL PROVISIONS

CHAPTER ONLY

OBJECT, PURPOSE, AND DEFINITIONS

Article 1. (OBJECT). This Law is aimed at the regularization of the right owner of persons

natural persons who are in continuous possession, public, peaceful and in good faith, of a real estate destined for housing, located within the radius urban or urban area.

Article 2. (PURPOSE). The purpose of this Law is to regularise legally and technically the right

owner of an urban property for housing, of those persons who are beneficiaries and/or holders untitled beneficiaries and those owners who hold securities subject to correction.

Article 3. (FIN). accordance with the Constitution of the State, every person has the right: to decent housing, to private property and to the habitat; and it is the obligation of the State to guarantee and universalize the full exercise of same.

Article 4. (PRINCIPLES). The principles that govern this Law are:

Respect for Private Property.- Everyone has the right to individual or collective private property as long as it complies with a social end and the State has a duty to respect it.

Human Right to a Digna and Habitat Housing.- It is the right that everyone has to a proper habitat and housing that dignifies family and community life.

Celerity.- Processes and Formalities must not be delayed or not exceed legal deadlines

Living Well.- It is the access and enjoyment of material goods and affective, subjective and spiritual realization; in harmony with nature and in community with human beings.

Coordination.- "Equity.-

is the guarantee of the full exercise of the freedoms and rights of women and men recognized in the State Political Constitution.

Justice.- It is the application of the supreme principles of the right to which all persons deserve in correspondence with the fulfilment of the emerging basic conditions of the application of the laws and the criteria of equity, and equality.

Legal Security.- the objective application of the Law, providing certainty and predictability to the rights, guarantees and obligations of persons, legal order, good faith and public order.

Article 5. (DEFINITIONS) The following definitions are adopted for the purposes of this Law:

Radio or Urban Area.- Portion of the continuous or discontinuous territory with use of urban land, with the consideration of the typology of the building, according to levels of habitability and taking into account the functional compatibility and environment.

Risk Area.- Areas of danger to human life or health, such as black areas and ecological fragility zones.

Subject to Review.- Area located within a urban human settlement whose regularisation is conditional on revision and verification of their technical, legal and social conditions, to be regularized later in case of being viable.

Irregular Human Settlement.- Occupation on land of public or private property where they are located housing built outside the current urban development regulations.

Human Settlements to Regularize.- Housing properties inhabited for housing that present legal and technical problems regarding their tenure.

Urban Property.- Land with Construction intended for housing, permanently inhabited and located within urban radio or urban area.

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

Urban Catstar.- Public inventory valued, graphic and alphanumeric of the existing real estate in a geographically determined area.

Corrections.- Name, surname, identity card, marital status, date and place of birth.

Corrections and Technical Inscriptions.- location, address, colindances, front and bottom.

Specialized Technical Study.- Research that technically determines the physical characteristics of a portion of territory and its environment, based on its use and occupation urban.

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

Planetairia: The georeferenced graphical representation of a consolidated urban settlement, respecting technical standards of gration, susceptible to urban design after regularisation.

Beneficiaries, Holders Beneficiaries.- Natural persons, who access the process regularisation of the owner's right to an urban property for housing and which is in continuous possession, public, peaceful and in good faith, in accordance with the provisions of this Law, without affecting the rights of third parties.

Regularization.- The process of sanitizing legal technical observations that enable the right owner to be obtained on an urban property, with the respective registry.

Active Legitimation.- Procedural power of natural persons for the interposition of an action judicial under this Law.

TITLE II

REGULARIZATION PROCESSES

CHAPTER I

GENERAL PROCEDURES

Article 6. (AUTONOMOUS MUNICIPAL GOVERNMENTS). In the framework of the provisions of the numeral 15,

Paragraph II of Art. 299 of the Constitution of the State, the Municipal Autonomous Governments shall comply with the following precepts for the purposes of this Law:

Municipal Autonomous Governments for the purposes of regularisation of the owner's right which apply this Law, shall delimit their radii or urban areas within a period not exceeding one year from their publication.

Ministry of Development Planning, the documents for the corresponding processing of the approval of urban radios or urban areas, whose substantiation will be no longer than three months as long as all requirements are met.

Making public the results of the regularization of the property right on urban real estate.

Maintain and update in a permanent and mandatory way the cadastral information regarding the regularization of the owner's right on urban real estate.

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

Register at the Royal Rights offices the areas of disposal in the physically existing percentage in the sector, to obtain the registration of the real estate and Folio Real that corresponds once the planetrias have been approved in the process of regularization.

Verify the characteristics and contents of the titles of property, plans, cadastral certificates and other documentation related to the population settlements and urbanizations product of the regularization, in order to verify the veracity of the legal and physical information.

To issue to the Plurinational Legislative Assembly the draft laws for the disposal of public domain goods to third parties, for their treatment.

approve the exceptional regulatory procedures for technical regularisation of the buildings located in the urban real estate regulated under this Law.

Set the margin of tolerance for errors in the plans, in coordination with the Royal Law Offices.

CHAPTER II

ENROLLMENT PROCEDURE

IDENTITY DATA AND TECHNICAL DATA

Article 7. (REGULARISATION OF REGISTRATION FORMALITIES IN REAL RIGHTS).

I. The Registrar of the Royal Rights Offices, at the request of a party, shall regularise in the Judicial District

the procedures for the registration of the Law Owner in respect of:

Corrections Identity. The identity corrections shall be made by means of the sub-registration of a unilateral rectification with the backing of a certificate or Administrative Resolution of the General Staff Identification Service.

Corrections and Technical Inscriptions. The technical corrections of surface, location and colindances will proceed through the subregistration of a public deed of unilateral clarification, supported by a resolution

Municipal Administrative Technique, cadastral certificate or other document issued by the competent authority of the Municipality in coordination with Royal Rights.

II. The processes emerging from the processes described in paragraph I of this Article will be subject to

procedures and parameters maximum of 20 days, established in Royal Rights by means of express and circular regulations.

CHAPTER III

INDIVIDUAL REGULARIZATION JUDICIAL PROCESS

Article 8. (JURISDICTIONAL JURISDICTION). The Public Judges in Civil and Commercial matters, have

in addition to the jurisdictional powers granted by Law, the one to know and to resolve in the first instance the individual judicial actions relating to the regularization of the the owner's right to real estate located in urban radio or urban area, defined in the framework of the regularization process and according to the procedure laid down in Article 13 of this Law.

Article 9. (ACTIVE LEGITIMATION). They are legitimized and legitimized to actuate the beneficiaries and/or beneficiaries beneficiaries within two (2) years, computable from the publication of the Supreme Resolution of the approval of the municipal norm that approves the delimitation of urban radio or urban area.

Article 10. (URBAN PROPERTY SUBJECT TO REGULARISATION).

I. The regularization of the urban property for housing, which as a result of the process of

regularization, demonstrate the simultaneous fulfillment of the following requirements:

Contar with constructions Permanent housing for housing, with an age not less than five (5) years, before the enactment of this Law.

Public possession of good faith, peaceful and continuous.

That are within the urban radios or homologous urban areas.

II. There is no need for the regularization of the owner's right on an urban property:

In cases where the tempter has a real right of use, room, usufruct.

In cases where the property is held property in quality of garment, lease, comodato, anticresis, and other similar.

In cases where the tempter has the status of guard, watchman, depositary, caregiver, and other similar.

Article 11. (ELIGIBILITY REQUIREMENTS). For the competent court to admit the application of

regularisation of the owner's right to the immovable property for housing within the framework of this Law, the beneficiary and/or the beneficiary must comply with the with the following requirements:

Submit for consideration by the competent judge, any means of evidence that you consider relevant to the regularisation process, that demonstrates the requirements laid down in Article 10 of the present Law, among which are:

Testimonial Statement of Two adjacent and/or two neighbors or neighbors of the building in a radius not greater than 100 meters, which credit the continuous, public, peaceful and good faith possession of the real estate, at least five (5) years prior to the publication of this Law.

Public utility payment receipts that clearly denote the exact address of the building.

The exact location of the property.

The property tax payment to the property, corresponding to at least the last five (5) years.

municipal.

Identity or Biometrics Register.

The following documentation must be presented:

Voluntary Declaration to the Public Faith Notary of Time and Place of possession, continuous, public, peaceful and in good faith.

Legalized photocopy of the An individual referential plan or plan that unequivocally demonstrates the exact location, colindances, and dimensions of the property to be regularised.

Certification of non-ownership, issued by Royal Rights.

Article 12. (BAN).

I. It is prohibited to regularize more than one urban property destined for housing at national level within the framework of the present

Law; contrary to the case or the processes established by the actor or the actor will be liable to nullity of the process of the process regularisation.

II. No regularisation processes shall be initiated under this Law, where there are legal proceedings initiated by third parties whose proprietary rights are duly registered in Royal Rights.

III. prohibition does not reach the procedure of subregistration of identity data and technical data of Title II

Chapter II of this Law.

Article 13. (SUMMARY PROCEDURE).

I. The judicial processes of individual regularization of the right of property on an urban property destined for

housing, will be processed by the summary route, according to the provisions of the Code of Civil Procedure.

II. Dealing with a proprietary right-of-law judgment, your appeal must be granted in the suspensory effect

within the period stated in the Code of Civil Procedure.

III. The Cassation Facility will not be supported in this procedure.

Article 14. (COMPLIANCE WITH DEADLINES). The Public Judges in Civil and Commercial Matters that

know and substantiate the processes of regularization of the owner's right on an urban property destined for housing, will be strictly subject to the procedural deadlines established in the Code of Civil Procedure referred to the summary process.

CHAPTER IV

TRANSFER OF REAL ESTATE FROM THE CENTRAL LEVEL

OF THE STATE AND OF THE AUTONOMOUS TERRITORIAL ENTITIES

Article 15. (TRANSFER OF PUBLIC REAL ESTATE). For the purposes of the application of the

present Law:

The entities of the Central Level of the State in whose premises there are human settlements that have permanent constructions for housing; with an age 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, they may initiate the procedure for disposal for consideration, which will be perfected with the approval by Law of the Plurinational Legislative Assembly.

The Autonomous Territorial Entities are authorized to transfer real property from their property with the approval of their Legislative Body and the Plurinational Legislative Assembly for the purpose of complying with this Law.

Published the Law of Approval of Alienation by the Plurinational Legislative Assembly, as beneficiaries and/or beneficiaries of the same will be able to initiate the processing of the registration of the owner's right.

Article 16. (CONDITIONS OF PAGO).

I. The economic amount that will be cancelled in favor of the Municipal Autonomous Governments and other public entities,

for the transfer of public property, will be established on the basis of the cadastral value of the same. This amount must be deposited in the bank account of the public entity that holds the owner's right.

II. When receiving the total amount of the price established for the transfer of the public real estate product of the

regularization, the Autonomous Municipal Government and other public entities, will deliver the buyer:

Public transfer writing with the description of the predium and the constructs, as well as the drawings indicating the exact location with geographical references and limits;

Technical regularization form.

Article 17. (ENFORCEMENT). The Central Level of the State and the Autonomous Territorial Entities, have an obligation to prevent by all means, irregular settlements in their jurisdiction.

TITLE III

AREAS DE RISK

ONLY CHAPTER

Article 18. (AREAS OF RISK).

I. To determine the feasibility of the regularization of the right owner of urban real estate destined to

housing in areas of risk, the Municipal Autonomous Governments will carry out the specialized technical studies on the the technical criteria defined by the Executive Body of the State Central Level.

II. In cases where the Municipal Government has approved the human settlements in areas of risk

and does not proceed with the regularization of the owner's right according to the technical criteria set out in paragraph I of the Article; The Autonomous Municipal Government must relocate those affected in risk-free sectors.

TITLE IV

REGULARISATION PROGRAM

PROPRIETARY RIGHT ON REAL ESTATE URBAN HOUSING

CHAPTER I

Article 19. The Program for the Regularization of the Owner Right on Urban Real Estate

is created for housing under the Ministry of Public Works, Services and Housing with the aim of facilitating the technical, administrative and judicial processes for the regularization of the owner's right, as well as the implementation of an Informatic Registration System for the control of the regularization process; the functioning of this program will be normalized by Supreme Decree.

CHAPTER II

PROVISIONS ADDITIONAL

FIRST. The Public Judges in Civil and Commercial Matters that will substantiate any cause in declaratory by

best owner right in the housing, will have to summon a conciliation hearing, in the procedural state If the causes are found.

In the event of a conciliatory agreement, the respective act will be approved judicially acquiring the quality

of res judicata.

In case of no conciliation agreement the Judge of the cause must deliver judgment within the time limits laid down in the procedure Civil.

SECOND. In those municipalities with a conflict of limits, the Autonomous Municipal Government will be able to define only those areas that are free of conflict in order not to prejudice the process of regularisation of the holders who are beneficiaries of the conflict. areas, for this purpose they must exclude the areas of territorial position.

Once the conflict of jurisdictional limits has been resolved the Autonomous Municipal Governments will be able to expand their urban radius or urban area including these areas.

THIRD. In the case of free or de facto marriages and joins verified, the title of regularization of the right owner of an urban property for housing, will be issued and registered in favor of both spouses or cohabitants by entering the full names with enforcement.

FOURTH. Any illegal settlement or settlement will be sanctioned in accordance with the provisions of the Penal Code.

TRANSIENT provisions

FIRST. The beneficiaries and/or beneficiaries of this Law are exempt from and/or exempt from additional charges of

colleges of professionals for regularization purposes.

SECOND. The treatment of urban human settlements within areas subject to special regimes,

will be treated under specific regulations according to the characteristics of each case.

THIRD. The Judicial Authority, through the Council of the Magistrature, will have Public Courts in Civil and Commercial Matters that will guarantee in each Judicial District the timely and preferential treatment of the causes arising from the regularization provided for in this Law. To this end the Ministry of Economy and Public Finance, will grant to the Judicial Body the economic resources according to budgetary availability.

FOURTH. The participation and social control in relation to the administrative actions of regularisation of the

right of property on the urban property destined to housing to administrative authorities; it will be exercised according to the established in Articles 241 and 242 of the Constitution of the State.

QUINTA. The municipal laws that declare the municipal property constitute sufficient evidence to prove the

full right and ownership of the Municipal Autonomous Governments; provided that they do not affect the rights of individuals; Attach the exact location plane and limits to the record procedure.

SIXTH. The administrative formalities and judicial processes of regularisation of the right of ownership over

an urban property initiated and substantiated in the framework of Law No 2372 of Regularization of the Law Owner Urban of 22 of May 2002, Law 2717 of Amendments to Law No 2372 of Regularization of the Law Owner Urban of 28 May 2004 and the Supreme Decree Regulation No 27864 of 26 November 2004, shall continue until its conclusion with the The Court held that the Court of State held that the Court of State held that the the enactment of this Law.

SEVENTH. As long as the Public Courts in Civil and Commercial Matters are implemented the actions of

regularization of the right of property on an urban property destined to housing, in the framework of this Law, will be known and resolved by the Judges of Instruction in Civil Matters in accordance with the transitional provision

second of Law No. 025 of June 24, 2010 Law of the Judicial Authority.

EIGHTH. The Register of Royal Rights will continue with its functions according to the provisions of the

Transitional Provision Seventh of Law No. 025 of the Judicial Authority of June 24, 2010.

NINTH. Municipal Autonomous Governments are empowered to proceed to any change of use of

soil from human settlements to be regulated under this Law.

FINAL PROVISIONS

FIRST. The executed statement is a sufficient requirement for

Actual Rights to register the owning right.

SECOND. The Executive Body of the central level of the State shall issue the Supreme Regulatory Decree, in a

deadline not greater than sixty (60) calendar days from the publication of this Law.

Remitase to the Executive Body for

It is given in the Session Room of the Plurinational Legislative Assembly, twenty-four days of May

of the year two thousand twelve.

Fdo. Lilly Gabriela Montano Viana, Rebeca Elvira Delgado Burgoa, Mary Medina Zabaleta, María Elena

Méndez León, Luis Alfaro Arias, Angel David Cortes Villegas.

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

City of Cochabamba, five days of the month of June of two thousand twelve years.

FDO. EVO MORALES AYMA, Juan Ramon Quintana Taborga, Luis Alberto Arce Catacora, Arturo Vladimir

Sanchez Escobar, Cecilia Luisa Ayllon Quinteros, Claudia Stacy Peña Claros.