Modifies The Law Nâ ° 20,234, Laying Down A Procedure For Sanitation And Regularizacia N Of Irregular Subdivisions And Renews Its Validity

Original Language Title: MODIFICA LA LEY N° 20.234, QUE ESTABLECE UN PROCEDIMIENTO DE SANEAMIENTO Y REGULARIZACIÓN DE LOTEOS IRREGULARES Y RENUEVA SU VIGENCIA

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.
"Sole article.-Introducense the following modifications in the law N ° 20,234, which establishes a procedure for sanitation and regularization of irregular subdivisions: 1. replacements items 1 ° to 8 °, by the following:"article 1.-the subdivisions of buildings, urban or rural, that at the date of publication of this law do not meet the final acceptance of the respective Directorates of municipal works and that also meet " with requirements that are established, may, within the period of three years from its entry into force, invoked only once to the simplified procedure of legalization referred to in this law, without prejudice to the rights of the owner on the respective properties.

Article 2°.-to qualify for the simplified procedure of regularization of this law the subdivisions that are in a situation of irregularity, in accordance with stated in the preceding article, shall comply with conditions and other requirements which are expressed below: 1. that are materialized in fact prior to December 31, 2006.

2 do not have municipal final acceptance, whether they have been granted or not permit of urbanization.

3. that in more than 40% of the resulting lots of the subdivision there are resident, if it is located within the urban radio, or 30% in other cases.

4. that existing housing in the subdivision have a pricing maximum of 2,000 units of building on average, calculated according to the table of costs per square meter of construction set by the Ministry of housing and urban development according to article 127 of the General town planning and constructions Act.

Management of municipal works should be pricing within the thirty days counted from the respective request, up which, without that it has evacuated the corresponding report for these effects, the requirement shall be fulfilled.

5 that you are not located in areas of risk or protection of natural and cultural heritage value resources, or stripes with Declaration of public utility according to the instrument of territorial planning.

However, in the areas of risk, thus qualified in the respective territorial planning instruments, may authorize the regularization of subdivisions, always accompany a risk assessment that determines the actions that should be implemented to mitigate it and allow its use, in accordance with the rules of urbanism and constructions. Such actions must be materialized before the final municipal reception.

6 there are no outstanding claims at December 31, 2006 before the respective Directorate of municipal works for breach of planning rules, which will be verified by the same address.

The irregular subdivisions that do not meet the requirements mentioned for settlement must comply with regulations that the General Law of urban planning and construction and its Ordinance established on the matter, relating, inter alia, to subdivision, estate, lots, transfers of public spaces and change of land use, where appropriate.

Article 3.-apply for regularization covered by this law must present to the respective municipal works address the following background: to) a request signed by the interested parties, which together represent at least 20% of the rights in the lots, in that explain the origin of the formation of the subdivision irregular, noting how was this; the reasons why does not have permission or municipal reception; number of sites; individualization, and title are the respective venue. These effects shall be regarded as interested persons evidencing the holding material of the respective sites of December 31, 2006, by reliable means such as proof of payment of services, certificate of residence issued by the Board of neighbors, police, or other community organizations or local authorities. Furthermore, stakeholders shall be deemed committees of housing or community organizations formed in the subdivision, with sufficient powers and representing, at least, the designated percentage of rights. At the same time, the regularization for the services of housing and urban development in the case of subdivisions declared in an irregular situation, in conformity with the law N ° 16.741 may be requested.

(b) proposal for a plan of the subdivision, signed by a competent practitioner, at a level appropriate, elaborated on the basis of a topographic survey, to chart existing housing and its surface, access to national assets for public use, if any, or in its absence, the way access to the subdivision.

(c) location and site plan. For the preparation of this plane be considered the support of orthophotos or aerofotogrametricas refunds.

Article 4.-the management of municipal works shall, within the term of sixty days counted from the date of presentation of the totality of the background required by the preceding articles, to verify the conditions of urbanization and the requirements in this law, and shall grant the provisional reception of the subdivision, unless it complies with the conditions laid down in the following paragraph in which case you should grant final acceptance of the same.

To grant final acceptance of the lot, works Division shall consider the following conditions of urbanization: provision of drinking water, sewerage or electricity and sewage disposal service; public lighting, paving and gas where appropriate. The provision of services referred to in this subsection will be evident, among others, using one of the following background: report of staffing, connection or proof of payment issued by the respective certifying entity of the service.

However, the Director of municipal works may not request or require requirements other than those set forth in the preceding paragraph, whether they are established in the General town planning and constructions Act, in its Ordinance, or in the respective instrument of territorial planning.

The Ministerial Regional Secretariat of housing and urbanism respective, for well-founded reasons, may authorize the reduction of the paving requirements established in the General town planning and constructions Act, background which will form an integral part of the file of documents that makes up the file. The Regional Secretariat shall be dealt within the term of sixty days upon request, counted since it is required by the person concerned or by the management of works. If it is not rejected within the designated time, means that it approves the lowering of the requirements of paving.

If the period prescribed in subsection first expired there is no statement in writing of the Director of municipal works, or provisional or final acceptance of the subdivision, as applicable, it is rejected, the person concerned may claim before the corresponding Regional Secretary of the Ministry of housing and urban development. The claim must be brought within a period of ninety days, counted from the expiry of the specified term or the administrative notification to the applicant. The Regional Ministerial Secretariat, within the 15 working days following receipt of the complaint, shall require the management of municipal works which issued its resolution, if not it acted, or evacuate the report, in the case of refusal. The respective direction shall have a period of fifteen days to evacuate the report or the decision, as appropriate. In the latter case and expired unless any pronouncement, the Regional Secretariat, within a period of thirty days, shall pronounce on the claim and, if it is coming, will grant concerned receiving provisional or definitive, as appropriate.

Once obtained the temporary reception of the subdivision within a period of five years, renewable only once for the same period, the person concerned should meet urbanization conditions required in the second subparagraph, in order to obtain the final acceptance, therefore works Director shall consider the reductions authorized in accordance with the fourth paragraph. In the provisional acceptance certificate must be express evidence of prohibition for the loteador alienate, assign or transfer any title to the sites of the subdivision.

Fulfilled the conditions of development mentioned in the second paragraph, necessary to obtain the final acceptance, must be presented to the Directorate of municipal works, within a period of five years referred to in this article or its extension, a request signed by the applicant or who represent you, accompanied by documents and background that enable to verify compliance whereas the reductions authorized in accordance with the fourth paragraph. The Director of municipal works shall, within the period of sixty days from the date of submission of all the required background, to verify compliance with the abovementioned conditions and grant final acceptance of the subdivision, if appropriate. If this period has expired there is no statement in writing of the Director of municipal works, or the final acceptance of the lot is rejected, the person concerned may claim before the corresponding Regional Secretary of the Ministry of housing and urban development, subject to the procedure referred to in the fifth subparagraph.
Period of five years referred to in this article or its extension, where has it been issued, unless is has complied with the conditions to grant final acceptance expires, will expire by the only Ministry of law provisional reception, and will proceed to enforce the responsibility of the loteador and the developer, in accordance with the provisions of article 138 of the General town planning and constructions Act.

Once granted the final acceptance of the subdivision may be required to the regularization of the buildings in accordance with the General rules, leaving without effect the prohibition referred to in the sixth paragraph, which should be boosted, where it has been registered.

Article 5°.-in the case of subdivisions declared in an irregular situation in accordance with the law N ° 16.741, which in full or part thereof have sufficient estate, the respective service of housing and urban development shall request the reception final, partial or total.

For the purposes of this article means estate sufficient if the subdivision has, at least, with drinking water, electricity and sanitary solution, which must be checked with a report of staffing, connection or proof of payment issued by the respective certifying entity of the service.

Article 6°.-in the case of subdivisions declared in an irregular situation in accordance with the law N ° 16.741, not time with urbanization enough according to the preceding article, the respective service of housing and urbanization may have recourse to the procedure of regularization of subdivisions established in this law.

Article 7.-in the cases referred to in articles 5 and 6 of this law, once granted the reception final, total or partial, this must be noted regardless of the registration of the domain of the respective lots and housing service and urbanization will require the hoist of the encumbrances and prohibitions that may be pursuant to the law N ° 16.741 affections.

Article 8.-the provisional reception given according to this law it will enable to the party concerned, whether or not the owner, to qualify for programs that meet state funding earmarked for the execution of works of urbanization or sanitation of the subdivision.

Also, the provisional acceptance certificate may be filed with service companies of domestic distribution with the aim of obtaining connections to the corresponding networks. In these cases, the consumption of services will be in charge of applicants.

After receiving temporary, in accordance with the provisions of law N ° 18.695, organic constitutional municipalities, municipalities are empowered to conclude agreements with other bodies of the State administration, or utility, like electricity, drinking water, sewerage, and others, for the purposes of providing services to the subdivisions subject to the procedure of regularization of this law or to execute the missing estate. "."

2 Agreganse the following articles 9, 10 and 11: "article 9-who introduced or used false or maliciously incomplete information to obtain regularisation referred to in this law means that you incurred the offences provided for and penalized in articles 467 and 470 N ° 8 of the Penal Code.

Item l0.-city officials will not have the responsibility referred to in article 22 of the General town planning and constructions Act, by provisional or definitive receptions that granted in accordance with this law.

Article 11.-The Ministry of housing and urban development, through the urban development Division, may give instructions for the application of the provisions of this Act. "."