LEI No. 11,124, June 16, 2005

Dislays on the National Housing System of Interest Social-SNHIS, creates the National Housing Fund of Social Interest-FNHIS and institutes the Gestor Council of the FNHIS.

THE PRESIDENT OF THE REPUBLIC I do know that the National Congress decrees and I sanction the following Law:

Art. 1º This Law provides about the National Housing System of Social Interest-SNHIS, creates the National Housing Fund of Social Interest-FNHIS and institutes the Gestor Council of the FNHIS.

CHAPTER I

OF THE SYSTEM NATIONAL HOUSING OF SOCIAL INTEREST

Section I

Goals, Principles, and Guidelines

Art. 2º It is instituted the National Social Housing System of Social-SNHIS, with the goal of:

I-viabilize for the lower-income population access to land urbanized and dignified and sustainable housing;

II-implement policies and programs of investments and grants, promoting and viabilizing access to low-income population-facing housing; and

III-articular, compatibilize, follow up and support the actuation of the institutions and bodies that play roles in the housing sector.

Art. 3º The SNHIS will centralize all programs and projects intended for housing of social interest, observed the specific legislation.

Art. 4º The structuring, organization, and actuation of SNHIS should note:

I-the following principles:

a) compatibility and integration of federal, state, federal housing policies, and municipal, as well as of the remaining sectoral urban development, environmental and social inclusion policies;

b) dwelling worthy as right and vector of social inclusion;

c) democratization, decentralization, social control, and transparency of decision-making procedures;

d) social function of urban property aiming at ensuring directed acting to curb speculation real estate and allow access to urban land and the full development of the social functions of the city and the property;

II-the following guidelines:

a) priority for plans, programs, and housing projects for the lower-income population, articulated in the federal, state, Federal District and municipal;

b) priority use of encouraging the use of gifted areas of infrastructure not used or underutilized, inserted into the urban fabric;

c) priority use of land owned by the Public Power for the implantation of housing projects of social interest;

d) economic, financial, and social sustainability of the implemented programs and projects;

e) encouraging the implementation of the various legal institutes that regulate access to housing;

f) incentive for research, incorporation of technological development and alternative forms of housing production;

g) adoption of monitoring and evaluation mechanisms and of indicators of social impact of policies, plans and programs; and

h) establish quota mechanisms for elderly, disabled and families headed by women among the group identified as the lowest income of the "a" of this inciso.

Section II

Da Composition

Art. 5º Integrate the National Housing System of Social Interest-SNHIS the following organs and entities:

I-Ministry of Cities, central organ of the SNHIS;

II-Gestor Council of the FNHIS;

III-Federal Economic Box-CEF, agent operator of FNHIS;

IV-Council of Cities;

V-councils in the framework of the states, Federal District and Municipalities, with specific assignments concerning urban and housing issues;

VI-organs and the integral institutions of the public administration, direct or indirect, of the federal spheres, state, Federal and municipal District, and regional or metropolitan institutions that perform complementary or related functions with housing;

VII-foundations, societies, trade unions, community associations, housing cooperatives and any other private entities that perform activities in the area housing, related or complementary, all in the condition of promoter agents of the actions in the scope of SNHIS; and

VIII-financial agents authorized by the National Monetary Council to act in the Housing Financial System-SFH.

Art. 6º Are features of the SNHIS:

I-Amparo Fund for Worker-FAT, under the conditions established by the your Deliberative Council;

II-Service Time Warranty Fund-FGTS, nas conditions established by its Curatorial Council;

III-National Fund of Housing of Social Interest-FNHIS;

IV-other funds or programs that come to be incorporated into SNHIS.

CHAPTER II

OF THE NATIONAL SOCIAL INTEREST HOUSING FUND

Section I

Objectives and Fonts

Art. 7º It is created the National Housing Fund of Social Interest-FNHIS, of an accounting nature, with the aim of centralizing and managing budget resources for the programs structured in the framework of SNHIS, intended to implement housing policies targeted at the lower-income population.

Single paragraph. (VETADO)

Art. 8º The FNHIS consists of:

I-resources of the Support Fund to the Social Development-FAS, of which it treats the Law No. 6,168, of December 9, 1974;

II-other funds or programs that come into being incorporated into FNHIS;

III- appropriations of the General Budget of the Union, classified in the housing function;

IV- resources from external and internal borrowings for housing programs;

V-contributions and donations of physical or legal persons, entities and bodies of national or international cooperation;

VI-operating revenues and heritage of operations carried out with FNHIS resources; and

VII-other features that will come to you to be targeted.

Section II

From the Gestor Council of FNHIS

Art. 9º The FNHIS will be managed by a Gestor Council.

Art. 10. The Board Manager is the organ of deliberative character and will be composed of paritary form by organs and entities of the Executive Power and representatives of civil society.

§ 1º The Presidency of the Gestor Council of the FNHIS will be exercised by the Ministry of Cities.

§ 2º The Chairman of the Gestor Board of the FNHIS will exercise the quality vote.

§ 3º The Executive Power will have in regulation on the composition of the Gestor Board of the FNHIS, defining between the members of the Council of Cities the members of the said Gestor Council.

§ 4º It will compete for the Ministry of Cities to provide the Gestor Council with the means necessary for the exercise of its competences.

Section III

Das Applications of FNHIS Resources

Art. 11. The applications of the FNHIS resources will be targeted for actions linked to the social interest housing programs that contemplate:

I-acquisition, construction, completion, improvement, reform, social leasing and leasing of housing units in urban and rural areas;

II-production of urbanized batches for housing purposes;

III-urbanization, production of community equipment, fundaily regularization, and urbanization of areas characterized in social interest;

IV-implantation of basic sanitation, infrastructure and urban amenities, complementary to the housing programs of social interest;

V-acquisition of materials for construction, magnification and housing reform;

VI-reclamation or production of real estate in enticed or deteriorated areas, central or peripheral, for housing purposes of social interest;

VII-other programs and interventions in the form approved by the Gestor Council of the FNHIS.

§ 1º Will be admitted to the acquisition of land linked to the deployment of projects housing.

§ 2º The application of the resources of FNHIS in urban areas shall submit to the urban development policy expressed in the director plan that it treats Chapter III of Law No. 10,257 of July 10, 2001, or, in the case of Municipalities excluded from that legal obligation, in equivalent legislation.

Art. 12. The resources of the FNHIS will be applied in a decentralised manner, through the states, Federal District and Municipalities, which should:

I-constitute fund, with own budgetary endowment, intended to implement Housing Policy of Social Interest and receive the resources of FNHIS;

II-constitute advice that will behold the participation of public and private entities, well as from segments of the society connected to the area of housing, guaranteed the democratic principle of choice of its representatives and the ratio of 1/4 (one quarter) of the vacancies to the representatives of the popular movements;

III-present Housing Plan of Social Interest, considering the specificities of the site and the demand;

IV-firming term of adherence to SNHIS;

V-draw up management reports; and

VI-observe the parameters and guidelines for granting subsidies under the SNHIS of which it treats the arts. 11 and 23 of this Act.

§ 1º The transfers of resources from FNHIS to the States, the Federal District and the Municipalities become conditional on the counterpart offering of the respective federative, under the conditions laid down by the Gestor Council of the Fund and pursuant to the Supplementary Act no 101, of May 4, 2000.

§ 2º The counterpart to which refers to § 1º will give in financial resources, real estate urban or services, provided that it is linked to the respective housing endeavors carried out within the framework of the SNHIS programmes.

§ 3º Will be admitted advice and state funds, from the existing Federal or Municipal District, which have purposes compliant with the provisions of this Act.

§ 4º The Gestor Council of the FNHIS will be able to dispense with specific Municipalities of the fulfilment of the requirements of which treat the incisos I and II of the caput of this article, on the grounds of territorial, economic, social or demographic characteristics.

§ 5º It is provided the constitution of funds and boards of regional character.

Art. 13. The resources of the FNHIS and state funds, the Federal and municipal District will be able to be associated with onerous resources, including those of the FGTS, as well as to lines of credit from other sources.

CHAPTER III

OF THE ATTRIBUTIONS OF THE SNHIS MEMBERS

Section I

From the Ministry of Cities

Art. 14. To the Ministry of Cities, without prejudice to the provisions of the Act No. 10,683 of May 28, 2003, compete:

I-coordinate the actions of the SNHIS;

II-establish, listened to the Council of Cities, the guidelines, priorities, strategies and instruments for the implementation of the National Housing Policy of Social Interest and the Housing Programs of Social Interest;

III-elaboration and define, heard the Council of Cities, the National Housing Plan of Social Interest, in accordance with urban development guidelines and in articulation with state, regional and municipal housing plans;

IV-offer technical subsidies to the creation of the State Boards, of the Federal District, Regional and Municipal with specific assignments regarding urban and housing issues, members of the SNHIS;

V-monitor the implementation of the National Housing Policy of Social Interest, observed the SNHIS acting guidelines;

VI-authorize the FNHIS to ressarct the operating costs and corresponding tax burdens of the agent operator;

VII-institute information system to subsidize the formulation, implementation, monitoring and control of the actions within the SNHIS, including national enrollment of beneficiaries of the subsidy policies, and to ensure their maintenance, and may, for this, carry out convenium or contract;

VIII-elaboration of the budget proposal and control the implementation of the budget and annual application plans and multiannual of the resources of the FNHIS, in line with the relevant federal legislation;

IX-follow up and evaluate the activities of the SNHIS-integral entities and bodies, aiming to ensure compliance with the legislation, standards and guidelines in force;

X-exasking normative acts concerning the allocation of resources, in the form approved by the Gestor Council of the FNHIS;

XI-follow up the application of the FNHIS features;

XII-submit to the Gestor Council's appreciation of FNHIS accounts, without prejudice to the competences and prerogatives of internal and external control bodies, forwarding them to the Court of Auditors of the Union;

XIII-subsidize the Gestor Council with technical studies necessary for the exercise of its activities.

Section II

From the Gestor Council of FNHIS

Art. 15. To The Board Manager of the FNHIS compete:

I-establish guidelines and criteria of allocation of the resources of the FNHIS, observed the provisions of this Act, the Politics and National Housing Plan established by the Ministry of Cities and the Cities Council guidelines;

II-approve budgets and application plans and annual and multi-annual targets of the FNHIS resources;

III-deliberate on the accounts of FNHIS;

IV-direct doubts as to the application of the regulatory standards, applicable to FNHIS, in the subjects of its competence;

V-set the remuneration values of the operator agent; and

VI-approve your internal regiment.

Paragraph single. In the application of resources by the FGTS in the form of subsidy in the housing area will be observed the guidelines of which it treats the inciso I of this article.

Section III

From The Box Federal Economic

Art. 16. To The Federal Economic Box, in the quality of agent operator of FNHIS, compete:

I- act as a depositary institution of the resources of FNHIS;

II-define and implement the operational procedures necessary for the application of the resources of FNHIS, based on the standards and guidelines drawn up by the Gestor Council and the Ministry of Cities;

III-control the physico-financial execution of the FNHIS resources; and

IV-rendering accounts of the operations carried out with FNHIS resources based on the attributions that are specifically conferred, subjecting them to the Ministry of Cities.

Section IV

From the State Councils, the Federal District and Municipal Councils

Art. 17. States joining the SNHIS should act as joiners of the actions of the housing sector within its territory, promoting the integration of the Municipalities ' housing plans to regional development plans, coordinating integrated performances that require inter-municipal interventions, particularly in the areas complementary to housing, and giving support to Municipalities for the deployment of their housing programs and their subsidy policies.

Art. 18. Observed the norms emanating from the Gestor Council of the FNHIS, the state councils, the Federal and Municipal District will set criteria for the prioritization of lines of action, allocation of resources and the fulfillment of the beneficiaries of the programs housing.

Art. 19. The state councils, the Federal and Municipal District will promote broad publicity of the forms and criteria for access to the programs, the modalities of access to housing, the annual housing fulfillment targets, the planned resources and applied, identified by the sources of origin, the subject areas of intervention, the numbers and values of the benefits and the funding granted, so as to allow the monitoring and surveillance by the society of the SNHIS shares.

Paragraph single. The councils should also give publicity to the rules and criteria for access to housing within the SNHIS, in particular the conditions of grant-making.

Art. 20. The state councils, the Federal and Municipal District should promote public hearings and conferences, representative of the existing social segments, to debate and evaluate resource allocation and housing programs in scope of the SNHIS.

Art. 21. The remaining SNHIS entities and integral bodies will contribute to the scope of the objectives of the said System within their respective institutional competencies.

CHAPTER IV

OF THE BENEFITS AND FINANCIAL SUBSIDIES OF THE SNHIS

Art. 22. Access to housing should be ensured to SNHIS grantees, in an articulated way among 3 (three) spheres of Government, ensuring priority care for lower-income families and adopting subsidy policies implemented with resources of the FNHIS.

Art. 23. The benefits granted in the framework of SNHIS could be represented by:

I- financial subsidies, supported by the FNHIS, aimed at supplementing the payment capacity of the beneficiary households, respected the federal, state, federal and municipal financial and budgetary limits;

II-equalization, the present value, of credit operations, carried out by institutions financial authorised by the National Monetary Council and scrutinised by the Central Bank of Brazil;

III-exemption or reduction of municipal, district, state or federal taxes, incidents on the venture, in the constructive process, conditioned on the preview legal authorization;

IV-other benefits not characterized as subsidies financial, intended to reduce or cover the cost of construction or acquisition of housing, arising out of or not from convents firmed up between local public power and private initiative.

§ 1º For granting the benefits of which it treats this article will be observed the following guidelines:

I-identification of the beneficiaries of the programmes carried out within the framework of SNHIS in the enrollment national of which it treats the inciso VII of the art. 14 of this Act, so as to control the granting of the benefits;

II-values of benefits inversely proportional to the paying capacity of the beneficiary families;

III-use of methodology approved by the central organ of the SNHIS for the establishment of the parameters on the values of the benefits, the payment capacity of the families and the maximum values of the real estate, which express the regional differences;

IV-design of the allowance as a personal benefit and intransferable, granted with the purpose of supplementing the payee's payment capacity for access to housing, adjusting it to the sale value of the real estate or the cost of the housing service, understood as consideration of use, rent, leasing or other form of payment for the right of access to housing;

V- impediment of granting benefits of which it treats this article to landlords, promising buyers, tenants or residential real estate transferees;

VI-for effect of the willing on the incisos I to IV of the caput of this article, specifically for loan concessions and, when there are, lavrature of public scripture, the contracts entered into and the cartorary records should appear, preferably, in the name of the woman.

§ 2º The beneficiary favored by program carried out under SNHIS will only be contemplated 1 (one) only time with the benefits of which it treats this article.

§ 3º Other guidelines for granting benefits under SNHIS could be defined by the Gestor Council of the FNHIS.

CHAPTER V

GENERAL, TRANSITIONAL, AND FINAL PROVISIONS

Art. 24. It is provided to the Ministry of Cities the direct application of the resources of the FNHIS until the conditions laid down in the art are met. 12 of this Law.

Art. 25. This Act will be implemented in line with the National Housing Policy and the National Housing System, in the form defined by the Ministry of Cities.

Art. 26. This Law comes into effect on the date of its publication.

Brasilia, June 16, 2005; 184º of Independence and 117º of the Republic.

LUIZ INACIO LULA DA SILVA

Paulo Bernardo Silva

Olivio de Oliveira Dutra