LAW 708 OF 2001

(November 29)

Official Journal No 44.632 of 1 December 2001

By which rules related to the Family Allowance for Housing of Social Interest are established and other provisions are dictated.

THE CONGRESS OF COLOMBIA,

DECRETA:

ARTICLE 1o. Public entities of the national order, of a non-financial nature, that do part of any of the Public Power Ramas, as well as the autonomous and independent bodies, shall transfer to Free title to the National Institute of Housing of Social Interest and Urban Reform, Inurbe, in the term and with the progressiveness that the National Government establishes the real estate tax of their property, or the portion of them with vocation for the construction or development of housing projects of social interest in accordance with the regulation issued by the National Government, and without prejudice to the provisions of the territorial planning plans.

In any case, they may not be transferred by virtue of what is intended, those buildings which, at the date of entry into force of this law, are destined for the location of the basic infrastructures of the systems of generation, production, distribution, supply and supply of drinking water, electrical energy, basic sanitation, gas, ports and airports, those directly related to the national defense, as well as the real estate to be transferred pursuant to Article 58 of Law 9a. of 1989 and those of the institutions in liquidation which provide for the pension liabilities and other guarantees agreed upon or established in legal provisions, prior to the entry into force of this law; neither the state buildings nor the portion of them that, at the date of entry into force of this law, are contiguous or adjacent to the penitentiary establishments, in accordance with the regulations issued by the National Government.

These transfers will be the only requirements for these transfers, the title of the domain that is contained in administrative resolution issued by the entity that owns the building, and the tradition, through the registration of the resolution in the Office of the Register of Public Instruments. For the purposes of registration rights, such acts, as well as those referred to in Article 4or. of this law, shall be considered as non-performing acts.

Housing subsidies of social interest that the National Institute for Housing of Social Interest and Urban Reform, Inurbe, will grant, will be awarded, among the applicants for the plan that is being awarded, subject to the principles of economy, speed, effectiveness, impartiality and publicity.

PARAGRAFO 1o. In any case, the entity transferring tax real estate under the provisions of this provision shall bear all the costs necessary to carry out the transfer to the Inurbe, and obtain the peace and save corresponding to the taxes, taxes, contributions, and valorization, which fall on the building that they transfer, a situation that the National Institute of Housing of Social Interest and Urban Reform, Inurbe, will have to verify before registering each The invention relates to a contentivtive resolution of the domain of the aforementioned laws.

PARAGRAFO 2o. Except for the duty enshrined in this article to the mixed-economy companies and the Colombian Family Welfare Institute when it is the goods that it receives under the provisions of the provisions of this Article. in Law 7o. of 1979.

PARAGRAFO 3o. The expiration of the term provided for in this Article to carry out the transfer of the goods to the Inurbe, shall not exempt the corresponding entity or body from the obligation to perform such transfer, but their failure to comply will make the legal representative of the entity or body liable to disciplinary action.

ARTICLE 2o. Assets, cash in cash and banks, and other rights in the head of the Special Administrative Unit of the Special Administrative Unit of the Institute of Territorial Credit, at the time of the This law, will be transferred to the National Institute for Housing of Social Interest and Urban Reform, Inurbe, and destined for this priority to the allocation of family allowances for housing of social interest provided for in this law, as well as for the purposes of the topographic surveys, to the provision of public services and community equipment for housing programmes to be developed by virtue of the provisions laid down in the regulation to be issued by the national government.

PARAGRAFO. It is excluded from the provisions of this Article, the cash-in-box resources or banks required by the Liquidating Unit of the Territorial Credit Institute for its operation, as well as the rights to the mortgage portfolio that will continue to be located in the head of the Unit until they are the subject of payment by the debtors or until the expiration of the term provided for by the law for the existence of that entity; and portion of them located in housing estates or housing projects developed by the extinct Territorial Credit Institute which constitute free compulsory disposals in accordance with the urban planning provisions, which must be transferred to the municipality or district in which they are located.

ARTICLE 3o. The buildings with a vocation for the construction of housing projects of social interest, in accordance with the regulations issued by the National Government, which have entered the Fund for the Rehabilitation, Social Investment and the Fight Against Organized Crime, in accordance with the provisions of article 26 of Law 333 of 1996, will be transferred to the National Institute of Housing of Social Interest and Urban Reform, Inurbe, as provided for in Article 1or . of this law.

ARTICLE 4. The Inurbe will deliver the properties transferred to it under this law, as well as those of its property that comply with the conditions set out in the article 1or. of this law, as a subsidy in land, through the procedure described in article 95 of Law 388 of 1997, giving priority to projects that are brought forward through self-management mechanisms.

When the Inurbe grants the family allowance for housing of social interest in money and land, under the provisions of the law, it shall be considered as a single subsidy for each beneficiary household, in the terms and with the amount established by the National Government.

The guarantees required to give materiality to the provisions of this law shall be made in accordance with the laws and regulations governing the matter.

In any case, in order to grant the allowance in land provided here, strict compliance with the current planning rules must be applied.

PARAGRAFO 1o. The Ministry of Economic Development shall exercise the higher coordination of the subsidy program developed under this law and, in the exercise of such power, shall give a concept prior positive for the declaration of eligibility of the developed housing projects as established here.

PARAGRAFO 2o. The National Government will regulate the minimum conditions of housing of subsidized social interest, taking into account the social, cultural and climatic characteristics of each region of the country.

ARTICLE 5o. Where the amount of the family allowance for housing of social interest in land granted to a particular household is less than the value of the maximum amount of the family allowance for housing of interest Social security at the time of their assignment, the household will be entitled to apply for the difference, in the terms and conditions established by the National Government.

ARTICLE 6o. Territorial entities will be able to make the free transfers provided for in Article 1or. of this law, in the terms and conditions established therein, without prejudice to the special authorisations required for the purpose. You will be able to grant the subsidy to which you are dealing with this law, by allocating land on your property.

addition to the provisions of other laws and regulations governing the matter, territorial entities may participate in the development of housing projects of social interest and of the processes of formalization of the property enshrined in Article 58 of Law 9a. by the granting of tax breaks on taxation of the territorial order.

ARTICLE 7o. When the tax real estate referred to in this law, has a vocation for the construction of housing of rural social interest, shall be transferred, in accordance with the procedure set in article 1or. of this law, to the entity or public entities determined by the Ministry of Agriculture and Rural Development, in strict compliance with the applicable urban regulations and the provisions of this law.

ARTICLE 8. The property tax property of the public entities of the national order, of a non-financial nature, that are part of any of the Ramas of the Public Power, as well as of the organs self-employed and independent, who do not have a vocation for the construction of housing of social interest, and who do not require them for the development of their functions, and are not within the plans of onerous disposal that must be institutions, must be transferred to other public entities in accordance with their obligations free of charge needs, in accordance with the regulations issued by the National Government, with the exception of those illegally occupied before 28 July 1988 with housing of social interest, which must be transferred to its occupants, by virtue of the established in Article 58 of Law 9a. 1 of 1989.

PARAGRAFO 1o. For transfers of buildings referred to in this article, the disposal procedure provided for in Article 1or. of this law.

PARAGRAFO 2o. Except for the duty enshrined in this Article to mixed-economy societies and those assets of the entities in liquidation that cover pension liabilities.

PARAGRAFO 3o. The tax real estate that makes part of the plans for the onerous disposal referred to in this article, may be transferred, prior to the provision of contributions, of capital to companies trade or mixed economy. In addition, the territorial entities, as payment of the territorial debts that lie on the buildings, will be able to receive contributions of capital in commercial or mixed-economy societies.

ARTICLE 9o. The National Government will make the necessary budgetary operations to comply with the programs and projects developed under this law.

ARTICLE 10. When the territorial entities have received real estate tax from entities of the national order, free of charge, subject to a different resolution condition of the construction of housing of social interest, the entity that extraneous the real estate, after authorization of the respective territorial entity, may modify such condition, provided the new resolutive condition involves the destination of the building for construction of this type of housing which, in any case, must be subject to the urban rules in force in the municipality or district.

ARTICLE 11. Prior the approval of the Inurbe Board of Directors, for each case, the National Institute of Housing of Social Interest and Urban Reform may conclude agreements with the rules of engagement. general and commercial law, without the limitations and restrictions provided for in Article 32 5) of Law 80 of 1993.

ARTICLE 12. Family groups which, in their capacity as tenants affected by the earthquake of 25 January 1999, received housing allowance, will be entitled to receive an additional allowance for the amount ($4,000,000) and under the same conditions of the recognized owners or owners of the lots in areas of high risk as an assessment to those lots, without in any case, the sum of these subsidies exceeds the sum Nine million nine hundred thousand pesos ($9,900,000).

ARTICLE 13. Except as provided for in article 97 of Law 388 of 1997, to property tax real estate of the National Housing Institute Social Interest and Urban Reform, Inurbe, received by that entity in quality of payment, prior to the issuance of this law.

ARTICLE 14. 1 of Law 1001 of 2005. The new text is as follows: > Public entities of the national order will give free title to the land of their property that is tax goods and that have been illegally occupied for housing of social interest, as long as the Illegal occupation has occurred prior to 30 (30) November 2001. The free transfer shall be carried out by administrative decision in favour of the occupants, which shall constitute a title of domain and once entered in the Office of Public Instruments, shall be fully proof of the property.

Other public entities may be able to make the decision in the terms set out here.

In no case will the previous transfer be carried out in respect of public goods or fiscal goods destined for health and education. It shall also not proceed in the case of buildings located in unsanitary areas or at risk to the population, in accordance with local provisions on the matter.

PARAGRAFO. In the administrative resolutions for free title and transfer of buildings financed by the ICT, it will be an unembargable family patrimony.

ARTICLE 15. This law governs from its publication and repeals any provisions that are contrary to it.

The President of the honorable Senate of the Republic,

CARLOS GARCIA ORJUELA.

The Secretary General of the honorable Senate of the Republic,

MANUEL ENRIQUEZ ROSERO.

The President of the honorable House of Representatives,

GUILLERMO GAVIRIA ZAPATA.

The Secretary General of the honorable House of Representatives,

ANGELINO LIZANO RIVERA.

COLOMBIA-NATIONAL GOVERNMENT

PUBLISH AND COMPLY.

Dada en Bogotá, D. C., on November 29, 2001.

ANDRES PASTRANA ARANGO

The Minister of Finance and Public Credit,

JUAN MANUEL SANTOS CALDERÓN.

The Deputy Minister of Economic Development, in charge of the Office of the Minister for Economic Development,

LUIS CARLOS RAMIREZ MUNERA.