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AMEND RULES OF THE DECREE WITH FORCE OF LAW NO. 458, 1975, GENERAL LAW OF URBANISM AND CONSTRUCTIONS, CONCERNING THE QUALITY OF THE CONSTRUCTION

Original Language Title: MODIFICA NORMAS DEL DECRETO CON FUERZA DE LEY Nº 458, DE 1975, LEY GENERAL DE URBANISMO Y CONSTRUCCIONES, RELATIVAS A LA CALIDAD DE LA CONSTRUCCION

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LAW NO. 20,016 AMENDS RULES OF THE DECREE WITH FORCE OF LAW NO 458, 1975, GENERAL LAW OF URBANISM AND CONSTRUCTIONS, REGARDING THE QUALITY OF THE CONSTRUCTION Having present that the H. National Congress has given its approval to the next Project Law: " Single article.-Please introduce the following amendments to the decree with force of Law No. 458, 1975, General Law of Urbanism and Constructions: 1) Reposition, in the first paragraph of Article 17, the final point (.) by a comma (,) and add, then, the following sentence: "who shall be responsible for their actions or omissions in the field of their respective competences." 2) Amend Article 18 as follows: (a) Add, in the first subparagraph, the following second paragraph, new: " In the event that the construction is not transferred, this responsibility shall lie with the owner of the building with respect to third parties suffering damages such as (b) Replaces the final indent by the following seventh, eighth and ninth, new points: " Actions to make effective the responsibilities referred to in this Article shall be prescribed in the the time limits set out below: 1. Within ten years, in the case of defects or defects affecting the structure of the building. 2. Within five years, in the case of faults or defects of the building or construction elements. 3. Within three years, if there are faults or defects affecting elements of terminations or finishing of the works. In cases of defects or defects not expressly incorporated in the preceding numerals or which are not equivalent or equivalent to those mentioned therein, the shares shall be prescribed within five years. The periods of limitation shall be counted from the date of the final receipt of the work by the Directorate of Municipal Works, with the exception of the number 3, which shall be counted from the date of the registration of the building name of the buyer in the respective Real Estate Conservative. "3) Reposition the final article 20, by the following:" The actions relating to the offences referred to in this article shall be prescribed at the time of receipt of the the work by the Directorate of Municipal Works. " 4) Amend Article 116 as follows: a) Eliminate the second indent, passing the current third, fourth and fifth points to second, third and fourth, respectively. (b) Intercalanse the following fifth and sixth, new points, passing the current sixth, seventh and eighth points to be seventh, eighth and ninth, respectively: " The Director of Municipal Works shall grant the permit or the authorization If, according to the background, the projects comply with the planning rules, after payment of the rights they have obtained, without prejudice to the payment facilities referred to in Article 128. Urban standards shall be understood as those contained in this law, in its General Ordinance and in the instruments of territorial planning affecting buildings, subdivisions, mergers, logoings or urbanizations, in respect of uses of soil, disposals, clustering systems, constructibility coefficients, floor or floor occupancy coefficients, minimum pre-dial surface, maximum building heights, terraced, distance, forexing, eight-year and scrapes, maximum densities, parking lots, slots affected to declaratory (5) Replace Article 116 a by the following: " Article 116 a.-Owners applying for a building permit may hire an independent reviewer, natural person or legal registration in a register that for these purposes will maintain the Ministry of Housing and Urbanism. However, the General Ordinance may determine the buildings in which the hiring of an independent reviewer for the respective building or final reception permits will be mandatory. In the performance of their duties, independent reviewers shall verify that the building projects and the works comply with the laws and regulations, and issue the required reports for such purposes, the content to determine the General Ordinance. However, independent reviewers will not verify the calculation of structures. The municipal rights referred to in Article 130 shall be reduced by 30% when the favourable report of the independent reviewer is accompanied. '. (6) Rule 116 (B) (7), as amended by Article 144, as follows: (a) Substitute, in the first subparagraph, the sentence "or the supervisor, if applicable, shall request" by "and the architect shall request". (b) Reposition, the second indent, by the following second and third subparagraphs, new, passing the current third indent to be the fourth indent: " A report of the architect, and of the independent reviewer shall be attached to the request for receipt (a) where it is certified that the works have been carried out in accordance with the approved permit, including their modifications, in accordance with the second paragraph of Article 119 of this Law. In case the construction has been carried out with a technical inspector of work (ITO), a report of the professional staff must also be accompanied. The Director of Works shall only review the performance of the planning rules applicable to the work, in accordance with the permission granted, and shall proceed to the reception, if appropriate. " Transitional Article.-This law will begin to take effect ninety days after its publication in the Official Journal. The modifications introduced by this law in the decree with force of Law No. 458, 1975, General Law of Urbanism and Constructions, will only apply to permits and authorizations that enter to processing after their entry into ". Having complied with the provisions of Article 82 of the Constitution of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of Mexico, and because I have had to approve and sanction it, I therefore promulgate and take effect as the Law of Santiago, May 6, 2005.-RICARDO LAGOS ESCOBAR, President of the Republic.-Sonia Tschorne Berestesky, Minister of Housing and Urbanism.-José Miguel Insulza Salinas, Minister of the Interior. What I transcribe to you for your knowledge.-Salutes intently to Ud., Teresa Rey Carrasco, Assistant Secretary for Housing and Urbanism.