LAW 708 2001
Official Gazette No. 44,632, of December 1, 2001
By establishing rules related to the Family Grant Social Housing and other provisions are established. Summary
CONGRESS OF COLOMBIA DECREES
ARTICLE 1o. Public entities at the national, non-financial, which are part of any of the branches of government and the autonomous and independent bodies should be transferred gratuitously to the National Institute of Social Housing and Urban Reform Inurbe in the term and progressivity established by the National Government property tax your property, or the portion of them calling for the construction or development of projects of social housing in accordance with the regulations issued by the Government national, and without prejudice to the provisions of land use plans.
In any case, may not be transferred under the herein provided, those properties that, at the date of entry into force of this law, are intended for locating the basic infrastructure of generation systems, production , distribution, supply and distribution of potable water, electricity, basic sanitation, gas, ports and airports, directly related to national defense, as well as the property to be transferred under Article 58 of the Law 9a . 1989 and those of entities in liquidation that cover pension liabilities and other guarantees agreed or established laws, prior to the entry into force of this Act; either state property or the portion of them that the date of entry into force of this law, are contiguous or adjacent to prisons in accordance with the regulations issued by the National Government.
Be taken as only requirements to be carried out these transfers, the title transferring ownership contained in administrative decision issued by the entity that owns the property, and tradition, by registration of the resolution in the Registration Office Public appropriate instruments. For purposes of registration rights, such acts and those referred to in article 4. of this Act, shall be considered acts without amount.
Subsidies for social housing awarding the National Institute for Social Housing and Urban Reform Inurbe, will be awarded among the applicants for the plan being adjudging, subject to the principles of economy, speed, effectiveness, impartiality and publicity. PARAGRAPH 1.
. In any case the entity to transfer property tax under the herein provided, shall bear all costs necessary to make the transfer to Inurbe, and get the peace and corresponding taxes saved, fees, contributions, and recovery, which fall on the property that transferred situation should check the National Institute of Social Housing and Urban Reform Inurbe, before registering each contentiva title transferring ownership of this law referred to in resolution. PARAGRAPH 2.
. Exceptúense of duty enshrined in this article to mixed companies and the Colombian Institute of Family Welfare in the case of goods that this received under the provisions of the 7th Law. PARAGRAPH 3. 1979.
. The expiration of the term provided for in this Article to carry out the transfer of goods to Inurbe not exempt the entity or body of the obligation to make such a transfer, but the breach will incur the legal representative of the entity or body in disciplinary offense. Editor's Notes
Matches Article 2.
. Assets, liquid assets in cash and banks, and other rights based in head of the Special Administrative Unit Liquidating Affairs Institute of Territorial Credit, at the time of entry into force of this law, shall be transferred to the National Institute for Housing Interest social and Urban Reform Inurbe, and intended for this priority to the allocation of family allowances for social housing under this law, as well as appraisals, to the surveys, the provision of public services and community facilities for housing programs that are developed under herein shall, as provided in the regulations for the purpose by the Government.
PARÁGRAFO. Excluded from the provisions of this Article, liquid resources in cash or bank requiring the Liquidating Unit Affairs Institute of Territorial Credit for its operation, as well as the rights to the mortgage portfolio will continue based in Head Unit which they are subject to payment by debtors or until the expiration of the period provided by law for the existence of the entity; and buildings or portions thereof located on developments or housing projects developed by the now defunct Institute of Territorial Credit constituting free mandatory assignments in accordance with the urbanistic provisions, which shall be transferred to the municipality or district in which they are located.
ARTICLE 3. Properties with vocation for the construction of housing projects of social interest, in accordance with the regulations issued by the National Government, who entered the Fund for Rehabilitation, Social Investment and the Fight against Organized Crime, in accordance with the provisions Article 26 of Law 333 of 1996, transferred to the National Institute of Social Housing and Urban Reform Inurbe, as provided in article 1. of this law.
ARTICLE 4. The Inurbe deliver the property transferred to it under this law, as well as those of their property that meet the conditions laid down in article 1. of this law, as a subsidy on land, by the method described in Article 95 of Law 388 of 1997, giving priority to projects that are ahead by self-management mechanisms.
When the Inurbe grant the family allowance for social housing in money and land, under the provisions of the presen law you will be considered as a single grant for each beneficiary household in the terms and the amount established by the Government.
Appraisals required to give materiality to the provisions of this Act, shall be made in accordance with the laws and regulations governing the matter.
In any case, to grant the subsidy on land provided herein, should be strict adherence to planning regulations. PARAGRAPH 1.
. The Ministry of Economic Development will exercise greater coordination subsidy program developed under the provisions of this Act and in exercise of such power should give positive preliminary concept for the declaration of eligibility of housing projects developed as here settled down. PARAGRAPH 2.
. The National Government shall regulate the minimum conditions of social interest housing subsidiable addressing the social, cultural and climatic conditions of each region features.
The 5th ITEM. When the amount of child benefit for low-income housing on land granted to certain household is less than the value of the maximum amount of child benefit for social housing in force at the time of allocation, the home will be able to apply the difference, under the terms and conditions established by the Government.
ARTICLE 6o. Territorial entities may make transfers free of charge under article 1. of this law, the terms and conditions set forth therein, without prejudice to the special permits required for the purpose. It also may give the subsidy under this law, by allocating land owned.
In addition to the provisions of other laws and regulations governing the matter, may attend local authorities in developing housing projects of social interest and the formalization of property enshrined in Article 58 of the law 9a. 1989, by granting tax write-offs on taxes territorial order.
ARTICLE 7. When the real estate tax to which this law refers, are calling for the construction of rural social interest housing, they will be transferred in accordance with the procedure laid down in article 1. of this law, the entity or public entities designated by the Ministry of Agriculture and Rural Development, in strict compliance with planning regulations in force and the provisions of the aforementioned article of this law. Editor's Notes
Article 8. Property tax owned public entities at the national, non-financial, which are part of any of the branches of government, as well as autonomous and independent bodies, which have no vocation for housing construction social interest, and also that they not required for the performance of their functions, and not within plans onerous alienation must have the entities must be transferred free of charge to other public entities according to their needs, according with the regulations issued by the Government, except for those illegally occupied before 28 July 1988 with social housing, which must be transferred to the occupants, under the provisions of Article 58 of the Law 9a . 1 PARAGRAPH 1. 1989.
. A property transfers referred to in this Article shall apply as the transfer procedure provided for in Article 1o. of this law. PARAGRAPH 2.
. Excepted of duty enshrined in this article to mixed companies and those assets in liquidation entities that cover pension liabilities. PARAGRAPH 3.
. Real estate tax that are part of plans onerous alienation to which this article refers, may be transferred prior appraisal, by way of contributions, capital commercial or mixed economy societies. Likewise, local authorities, as payment of debts of territorial order that fall on the property, may receive capital contributions in commercial or mixed economy societies. Editor's Notes
Article 9. The National Government will make budgetary operations required to implement programs and projects developed under the provisions of this law.
ARTICLE 10. When the territorial entities have received property tax of national entities, free of charge, subject to a different condition subsequent construction of social housing, the entity alienated property, prior authorization the respective territorial entity, may modify such a condition, as long as the new condition subsequent destination of the property involves the construction of such housing in any case, shall be subject to the planning regulations in force in the municipality or district.
ARTICLE 11. After approval by the Board of Inurbe, for each case, the National Institute of Social Housing and Urban Reform trust deeds may hold subject to the general rules and commercial law, without the limitations and restrictions provided for in paragraph 5 of Article 32 of Law 80 of 1993.
ARTICLE 12. Households that as tenants affected by the earthquake of January 25, 1999, received housing allowance shall be entitled to receive an additional subsidy in the amount of four million pesos ($ 4 million ) and under the same conditions recognized to owners or holders of lots in high-risk areas such as valuation to those lots, but in any case, the sum those subsidies exceeds the sum of nine million nine hundred thousand pesos ($ 9.9 million ).
be exempt from the provisions of Article 97 of Law 388 of 1997, those tax real estate owned by the National Institute of Social Housing and Urban Reform Inurbe received by that entity as dation payment, prior to the issuance of this law.
ARTICLE 14. Public national entities will transfer gratuitously land of your property tax are goods and they have been illegally occupied social housing, provided interest and when the illegal occupation occurred prior to thirty ( 30) November 2001. the free transfer is effected by administrative decision in favor of the occupants, which constitute legal title and once registered in the Office of Public Instruments will be full proof of ownership.
Other public bodies may make the ce ment in the terms set forth herein.
In no case shall the prior assignment in the case of public goods or property tax for health and education. Nor will proceed in the case of properties located in unhealthy or risk to populated areas, in accordance with local regulations on the matter.
PARÁGRAFO. Free in administrative and transfers of property financed by the ICT title resolutions, heritage homestead is established. Effective Notes
ARTICLE 15. This law governs from its publication and repeals provisions that are contrary.
The President of the honorable Senate,
CARLOS GARCIA ORJUELA.
The Secretary General of the honorable Senate of the Republic, Manuel Enríquez Rosero
The President of the honorable Chamber of Representatives, Guillermo Gaviria
The Secretary General of the honorable House of Representatives, ANGELINO
REPUBLIC OF COLOMBIA - NATIONAL GOVERNMENT PUBLISHED AND ENFORCED
Given in Bogotá, DC, on November 29, 2001.
ARANGO ANDRES PASTRANA Minister of Finance and Public Credit, Juan Manuel Santos Calderon
The Deputy Minister of Economic Development, responsible for the functions of the Office of the Minister of Economic Development, LUIS CARLOS RAMIREZ