Modifies Norms Of The Decree With Force Of Law No. 458, 1975, General Town Planning And Constructions, Relating To The Quality Of 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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"(Artículo único.-Introdúcense las siguientes modificaciones en el decreto con fuerza de ley Nº 458, de 1975, Ley General de Urbanismo y Construcciones: 1) replace, in the first paragraph of article 17, the final dot (.)" by a comma (,) and add, then the following sentence: "who will be responsible for their acts and omissions in the scope of their respective powers.".

((2) amended article 18 in the following way: to) added, in the first paragraph, the following new second paragraph: "in the event that construction will not be transferred, this responsibility will fall on the owner of the property with respect to third parties who suffer damages as a result of failures or defects that.".
(b) replace the final paragraph by the following subsections seventh, eighth and ninth, new: "actions to give effect to the responsibilities to which this article refers will be prescribed within the deadlines listed below: 1. within the period of ten years, in the case of faults or defects that affect the supporting structure of the building."
2. in the period of five years, in the case of faults or defects in the construction elements or facilities.
3. in the term of three years, if had failures or defects affecting elements of finishing or finishing of the works.
In the cases of faults or defects not expressly incorporated into the preceding paragraphs or non-comparable or equivalent to those referred to in these actions will be prescribed in within five years.
The limitation periods will be counted from the date of the final acceptance of the work by the management of municipal works, with the exception of the designated no. 3, to be counted from the date of the inscription of the property on behalf of the buyer on the real estate conservative respective. "."

(3) replace the final paragraph of article 20, by the following: "actions relating to the offences referred to in this article, will be prescribed at the time of the reception of the work by the management of municipal works.".

((4) amended article 116 in the following way: to) remove the second paragraph, passing current paragraphs third, fourth and fifth to be second, third and fourth, respectively.
(b) Intercalanse following paragraphs fifth and sixth, new, passing current subparagraphs sixth, seventh and eighth to be subsections seventh, eighth and ninth, respectively: "the Director of municipal works granted permission or authorisation required, if, in accordance with the accompanied by background, projects comply with planning regulations, upon payment of the rights that apply, without prejudice to the payment facilities referred to in article 128.
It refers to town planning regulations those contained in this Act, in its General regulations and instruments of spatial planning that can affect buildings, subdivisions, mergers, subdivisions or housing developments, with regard to the uses of ground transfers, grouping, coefficients of constructability, coefficients of occupation of land or of the upper floors, minimum land area, maximum building heights , added, distancing, antejardines, ochavos and gradients, maximum densities, parking lots, stripes affected to Declaration of public utility and risk or protection areas. "."

(5) replaced article 116 bis with the following: "article 116 bis.-owners requesting a building permit to hire an independent reviewer, natural or legal person with current registration in a register that for these effects will keep the Ministry of housing and urban development. However, the General Ordinance may determine the buildings in which the hiring of an independent reviewer for the respective permissions of building or final acceptance is mandatory.
In the performance of their duties, independent reviewers should check that the building projects and the works comply with legal and regulatory provisions, and issue reports that are required for such purposes, whose content will 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 they accompany the favorable report of the independent reviewer. "."

((6) repealed article 116 bis B).

((7) amended article 144, in the following way: to) replace, in the first paragraph, the phrase "or the supervisor, if necessary, request" by "and the architect will request".
(b) replace, the second paragraph, by the following second and third subparagraphs, new, passing the current third paragraph to be fourth subparagraph: "the application for reception of the architect, and the independent reviewer's report shall be attached to when there is one, in that it certify that works have been carried out according to the approved permit, including its amendments, in accordance with the second paragraph of article 119 of this Act. In case construction has had an inspector work technician (ITO) also should be accompanied by a report of the professional.
Works Director shall review only the enforcement of planning regulations applicable to the work, in accordance with the permission granted, and will proceed to do the reception, if he is coming. "."