Modifies The D.f.l. No. 458, 1975, General Town Planning And Constructions, Law Establishing Rules Relating To The Quality Of Construction

Original Language Title: MODIFICA EL D.F.L. N° 458, DE 1975, LEY GENERAL DE URBANISMO Y CONSTRUCCIONES, ESTABLECIENDO NORMAS RELATIVAS A LA CALIDAD DE LA CONSTRUCCION

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"(Artículo único.-Introdúcense las siguientes modificaciones en el decreto con fuerza de ley N° 458, de 1975, Ley General de Urbanismo y Construcciones: 1) replaced item 4 °, by the following:"article 4.-the Ministry of housing and urban development shall, through the Division of urban development, give the instructions for the application of the provisions of this law and its General Ordinance " , by means of circulars, which will remain available to anyone interested. Also, through ministerial regional secretariats, should oversee the legal, regulatory, administrative and technical provisions on construction and urbanization and interpret the provisions of the instruments of territorial planning. "."
((2) Introducense in article 12 the following amendments: to) Suprimense expressions ", in the second instance,".
(b) add after the final dot (.) that happens to be comma (,) the following expressions: "applying in this case the procedure laid down in article 118.".
(3) replace article 15, by the following: ' article 15.-If the Division of urban development of the Ministry of housing and urban development, or the Ministerial Regional Secretaries of housing and urban development, in the performance of their duties or by founded complaint of any person, they have knowledge that any officer in the exercise of its functions, has contravened the provisions of this law " its general Ordinance or those contained in territorial planning instruments in force in the municipality, must apply for the instruction of the corresponding administrative proceedings to the General Comptroller of the Republic, and must inform the respective Mayor, for legal purposes to which there is place and the City Council, for their knowledge. "."
(4) replace article 17, with the following: "article 17.-for the purposes of the present law, are architects, civil engineers, builders and builders civil engineers, people who are legally authorised to exercise these professions."
The intervention of these professionals in construction will require proof that they have existing patent in the commune of residence or regular work. "."
(5) replaced article 18, by the following: "article 18.-the owner first seller of a building shall be liable for all damages that may arise from failures or defects therein, during its execution or after terminated, without prejudice to their right to repeat against those who are responsible for construction defects that have given rise to damages or failures."
Designers are responsible for errors which have incurred, if these damages have been derived.
Without prejudice at N ° 3 of the 2003 article of the Civil Code, builders are responsible for failures, errors or defects in the construction, including the works executed by subcontractors and the use of materials or defective inputs, without prejudice to legal actions which may bring turn against suppliers, manufacturers and subcontractors.
Legal persons liable jointly and severally with the competent professional who act for them as designer or constructor with respect to designated damage.
The first proprietary vendor is obliged to include in the public deed of sale, a list containing the individualization of the designers and builders who can assist responsibility according to this article. In the case of legal persons must be individualized to their legal representatives. The conditions offered in advertising shall be deemed incorporated into the contract of sale. The plans and technical specifications, final, as also the book of works referred to in article 143, shall be kept in a file on the management of municipal works available to those interested.
The liability referred to in this article, in the case of legal entities that have dissolved, shall be effective respect of their legal representatives who were at the date of conclusion of the contract.
Actions to give effect to the responsibilities to which this article refers will prescribe in five years, counted from the date of the final acceptance of the work by the management of municipal works. "."
(6) replace article 19 with the following: "article 19.-causes to dieren place the actions referred to in the final subparagraph of article 18, shall be handled in accordance with the rules of the summary procedure laid down in Title XI of Book III of the code of Civil procedure."
However, parties may submit disputes to the decision of an arbitrator of right which, in terms of procedure, shall have the powers of arbitrator referred to in article 223 of the organic code of courts. Arbitrator shall be appointed by the competent lawyer judge and have at least five years of professional practice. "."
(7) replaced article 20 with the following: "article 20.-any infraction of the provisions of this law, its general Ordinance and instruments of territorial planning as they apply in the respective communes, shall be punished with fines, to municipal, not less than 0.5% not more than 20% of the budget of the work referred to in article 126 of this Act." If there is no budget, the judge may arrange an appraisal of the work by an expert or a fine which shall not be less than one nor more than one hundred monthly tax units. The foregoing is without prejudice to the stoppage or demolition of all or part of the work, as appropriate, unless the fact constitutive of the crime or have a special penalty determined under this Act or another.
The municipality concerned, the Ministerial Regional Secretariat of housing and urbanism respective or any person may withdraw from the Court of corresponding Local police, failure to comply with the provisions mentioned in the preceding paragraph. The complaint shall be founded and accompanied by the evidence available.
Actions relating to the offences referred to in this article, will be prescribed at the end of two years counted from the receipt of the work. "."
(8) replace article 21, by the following: ' article 21-violations of the provisions of this law, its general Ordinance and territorial planning instruments will be knowledge of the respective Local police judge. " As regards the liability of legal persons it will be to the provisions of article 28 of law No. 18.287. In case of dissolution, while the limitation period, is pending actions will follow against which their legal representatives were at the date of the offence. "."
(9) replace article 25, with the following: "article 25.-the Ministry of housing and urban development, with regard to housing that have State funding for construction or acquisition, must be provided, for each programme, in the form determined by the respective regulations, mechanisms that ensure the quality of the construction."
In these same cases, providers of housing and urban development, directly or through third parties, may be party to the causes to which the actions referred to in the final subparagraph of article 18 dieren place. "."
(10) repealed article 26.
(11) Agreganse following paragraphs sixth and seventh, new article 116: "management of municipal works, at the request of the interested party, issue a certificate of prior information that contains conditions applicable to the premises in question, in accordance with planning regulations derived from the respective instrument of territorial planning. The certificate will maintain their validity while the relevant town planning, regulatory, or legal rules are not altered.
Without limiting the foregoing, they may be subject to the approval of the Director of municipal works, subdivisions and construction blueprints. The request must be accompanied the background required by the General Ordinance. The approved draft will keep in force concerning the urban conditions of the respective territorial planning instrument considered in this draft and that this is has been approved, for the purposes of obtaining permission, for the period determined by the General Ordinance. "."
((12) Incorporanse the following article 116 Bis and 116 Bis A): "article 116 Bis.-owners who make an application for permission of construction and final acceptance of works, 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." In the case that the building permit or the final acceptance of works relating to public buildings, the hiring of an independent reviewer will be mandatory.
In the accomplishment of its mission, independent reviewers must verify the pre-projects, projects and works to comply with all laws and regulations, provisions and must issue reports that are required for this purpose. However, independent reviewers will not verify the calculation of structures, which will be the exclusive responsibility of their designers.
The regulations issued for the registration referred to in the first subparagraph, shall establish registration requirements, the causes of disability, incompatibility and admonition, suspension and removal of the registration for breach of its obligations. Without prejudice to such sanctions, independent reviewers are indirectly responsible for with designers.
Article 116 Bis A).-Notwithstanding provisions of the second paragraph of article 116, if the application for building permit accompanied the favorable report from an independent reviewer referred to in article 116 Bis, the Director of municipal works will grant permission upon verification that the project complies with the provisions relating to urbanisation , transfers of land, use of soil, surface, shape, and location of the buildings and other urban development demands determined the General Ordinance. The case of a project referred to a single dwelling, or one or more incremental housing or health infrastructures, the above-mentioned report can be issued by the architect designer under affidavit. In the cases referred to in this subsection, municipal rights referred to in article 130 shall be reduced by 30%.
If the application for permit refers to public buildings, the Director of municipal works should review all aspects referred to in the second paragraph of article 116.
If it has previously approved a draft and the independent reviewer or the design architect, as appropriate, include in the report that referred to first paragraph of this article, the circumstance that the project conforms fully to the preliminary draft approved by the Director of municipal works, the latter will skip verification of the records referred to in this subsection and shall grant the permit without further formality.
However, if the Director of municipal works percatare a project that has an independent reviewer or the architect designer-friendly report does not comply with the legal and regulatory provisions, be denied permission, and put the background knowledge of the person concerned for the purposes specified in articles 20 and 116 Bis of this law. "."
(13) replaced article 118, by the following: ' article 118.-management of municipal works shall have a period of 30 days from the filing of the application, to pronounce on construction permits. "
This period shall be reduced to 15 days, if the application for permission is acompañare the favorable report from an independent reviewer or the architect designer if.
If you met these deadlines there is no statement in writing on the permission or this is denied, the person concerned may claim before the corresponding Regional Secretary of the Ministry of housing and urban development. The Regional Ministerial Secretariat, within 3 business days following the receipt of the claim, shall require the management of municipal works which issued its resolution, if not it acted or evacuate the corresponding report in the case of denial of permission. Management of municipal works will have 15 days to evacuate the report or the decision, as appropriate. In this latter case and defeated East new deadline while still any pronouncement, means denied permission.
Denied permission by the hint address, be express or presumptively, the Regional Secretariat, within a period of 15 working days, shall decide on the claim and where you will order to be grant in such a case, permission, upon payment of the rights.
The person concerned will have the term fatal 30 days to deduce the claim referred to in this article, counted from the date on which permission is expressly denegare or that expires the deadline for deciding. "."
(14) added the following subsection, new, to article 126: "municipal works addresses may provide that, upon entering a request for approval of draft or permission, appropriation an amount not exceeding 10% of the value of the municipal right to cancel in accordance with article 130. This amount will be deducted at the time of the payment of the licence. "."
(15) Replace subparagraph first of article 142, by the following: ' article 142.-corresponds to the direction of municipal works overseeing construction and urbanization works that are executed within the commune, as also the destination given to buildings. ".
(16) Agreganse following paragraphs third and fourth, new, article 142: "the independent reviewers referred to in article 116 Bis, have also free access to all the works of edification and development matching them to inform.
Also, after received works, addresses of municipal works may monitor compliance with rules on safety and maintenance of the buildings. "."
(17) replaced article 143, which follows: "article 143.-during the execution of a work, the constructor in charge of it should ensure because in the construction of management and quality control measures to run this under the rules of the General town planning and constructions and the General Ordinance Law" , and conforms to the plans and specifications of the respective project. Completed the work, said professional must inform the adopted quality control and management measures and certify that these have been applied. The owner may designate a company or a professional other than the constructor for the performance of the work specified in this subsection.
In the case of public buildings must be a technical, independent of the manufacturer, inspection responsible for overseeing the work is executed in accordance with the construction standards applicable in the matter and approved construction permit.
Should be kept at the place of work, in a permanent and updated, a book of works, in which shall be entered, duly signed, instructions and comments on the development of the construction, by professional designers, Builder and professional mentioned in the preceding paragraph, without prejudice to observations that register inspectors municipal when they require it. "."
((18) Introducense in article 144, the following amendments: to) insert in your subsection first between the expressions "supervisor" and "request" the following: ", if necessary," and disposed of, in the same paragraph, the phrase "a final inspection of it and".
(b) add the following paragraph second, new, passing the current subsection second to be third: "(En los casos que la obra haya sido informada favorablemente por el revisor independiente o por el arquitecto proyectista, conforme ael artículo 116 Bis A), the Director of municipal works, without prejudice to the checks to be carried out of those aspects that incumbent pursuant to the same article" , and with the merit of the report stating that the work has been carried out according to the approved project, it received the work, together with check will accompany the certificates relating to the reception that set the General Ordinance. In addition, management of municipal works may, within a period of two years counted from the reception, check that the execution of the project has been carried out faithfully to this. "."