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By Which Measures Are Taken To Promote The Supply Of Developable Land And Other Provisions Adopted To Promote Access To Housing

Original Language Title: Por la cual se adoptan medidas para promover la oferta de suelo urbanizable y se adoptan otras disposiciones para promover el acceso a la vivienda

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LAW 1469

(June 30)

Official Journal No. 48.116 of 30 June 2011

CONGRESS OF THE REPUBLIC

By which measures are taken to promote the supply of land-based land and other provisions are adopted to promote access to housing.

Vigency Notes Summary

COLOMBIA CONGRESS

DECRETA:

CHAPTER I.

GENERAL PROVISIONS.

ARTICLE 1o. OBJECTIVES. This law has objectives:

1. Facilitate the execution of integral urban operations in which the initiative, organization and management of the Nation, the territorial entities, the metropolitan areas, the individuals, the environmental authorities, the environmental authorities, are combined in a coordinated manner. and public service companies domiciled with national urban policy, in order to promote the sustainability of territorial and urban development, to control land speculation, to ensure the defence of public space and the protection of environment and promote a comprehensive policy for risk management.

2. In developing the principles of concurrency, coordination and subsidiarity, define the mechanisms and procedures that allow the National Government in conjunction with the administrations of the municipalities and districts and, in the exercise of their their respective competences, to promote, formulate, adopt and execute efficient integrated urban operations, by means of the figure of Macroprojects of National Social Interest, which aim to speed up the process of enabling urbanizable soil and increase the scale of housing production taking into account the respective deficit of urban housing of each municipality or district.

3. Complement national urban policy with instruments that promote the effective participation and participation of the National Government with Territorial Entities in the development of urban, metropolitan or urban impact integrated urban operations regional, which guarantee the equitable and rational use of land, in the general interest, to make the constitutional right to decent housing and to public services effective.

4. Ensure the right to citizens ' participation in the formulation of comprehensive urban operations, in accordance with the provisions of this law.

5. Strengthen and promote the action of the National Housing Fund in order to address the housing needs of all municipalities in the country.

6. Articulate existing demand instruments and define others that facilitate the financial closure of families to access a housing solution.

7. To promote the development of the Macroprojects with criteria of social urbanism, which implies carrying out models of intervention with the objective of transforming positively, from the social, physical and inter-institutional components, a territory In order to ensure that the construction of the urban development projects are carried out with adequate standards of urban and environmental quality, it will incorporate all the elements of the development in simultaneous and planned way. mechanisms for citizen participation as provided for in Article 4or the 1997 388 Act.

CHAPTER II.

MACROPROJECTS OF NATIONAL SOCIAL INTEREST.

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ARTICLE 2o. MACROPROJECTS OF NATIONAL SOCIAL INTEREST. The macroprojects of national social interest are the set of administrative decisions and urban actions, defined by common agreement between the National Government and the administrations municipal and district in the field of their respective competences, for the execution of urban operations integral of municipal, metropolitan or regional impact that guarantee the clearance of soil for the construction of housing and other uses associated with the housing and the corresponding support infrastructure for the system Road, transport, public services, public spaces and collective equipment.

The National Social Interest Macroprojects should address the respective territorial entity's housing deficit in a preferential manner, and establish mechanisms to ensure that lower income households and the vulnerable population can to access the housing solutions produced by the Macroprojects.

PARAGRAFO. Macroprojects of national social interest may be located in urban, urban or rural expansion, as provided for in Chapter IV of Law 388 of 1997. In any case, the integrated urban operations that are adopted by means of the Macroprojects in which this law is concerned will define the conditions for the urban empowerment of the prediums to which the urban development treatment is assigned. or urban renewal.

Effective Case-law
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ARTICLE 3o. SCOPE OF THE MACROPROJECTS OF NATIONAL SOCIAL INTEREST. The development of the Macroprojects of National Social Interest should promote:

1. The construction of urban projects to locate urban settlements with appropriate urban and environmental quality standards, which guarantee a structural impact on the spatial organization of the territory, including at the level of its articulation in the metropolitan or regional context.

2. The rational use of soil, harmonizing the housing needs of territorial entities, with the needs of soil for economic and productive development, environmental protection and prevention and mitigation of risks for the settlement of the population.

3. Efficient land occupancy to meet the social and ecological function of the property.

4. The adequate provision of road infrastructure and public service networks that allow the urbanization and building of the soil of prediums that are destined for urban development treatments, redevelopment or urban renewal.

5. The allocation of soils, mainly, to residential uses, with the reserve of a part of these destined to the housing of social interest and of priority interest, in order to promote the effectiveness of the right to enjoy a housing worthy of the lower income households of the territorial entities.

6. The adoption of land management instruments for the collection of capital gains and the sharing of burdens and benefits, compensation and replacement for the provision of land and/or the construction of infrastructure for transport, services public homes and/or collective equipment from the owners and agents involved in the operation, in accordance with the objectives and guidelines adopted in the respective Macroproject.

7. The definition of mechanisms for joint and concerted public sector action with the private sector.

8. The promotion of funding mechanisms for the most vulnerable households to access homes in macro-projects.

CHAPTER III.

OF THE CATEGORIES AND PROCEDURES FOR THE ANNOUNCEMENT, FORMULATION, APPROVAL AND ADOPTION OF THE MACROPROJECTS OF NATIONAL SOCIAL INTEREST.

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ARTICLE 4. CATEGORIES. The macro-projects of national social interest shall be adopted by the Ministry of Housing, City and Territory and shall be differentiated according to the purpose of:

1. Macroproject Category 1: The definition of the terms and conditions for the management and execution of the contents, actions or urban norms of the current territorial planning plan, on the basis of an agreement between the Ministry Housing, City and Territory and the mayor of the respective municipality or district. With the adoption of these macro-projects, in no case will the provisions of the respective territorial planning plan be modified.

2. Macroproject Category 2: The definition, in addition to the number provided for in the previous number, of possible modifications to the urban planning rules in the current territorial planning plan, when this is necessary to ensure the feasibility of the urban operation which is adopted with the Macroproject. In these cases, the adoption of the macro-project will involve the prior approval of the municipal council or district of the modification of these rules, on the basis of an agreement between the Ministry of Housing, City and Territory and the mayor of the respective municipality or district about the opportunity, convenience and possibility of the new ordering solution.

PARAGRAFO 1o. In order to promote the articulation of the different categories of macroprojects in this article, with the social interest housing policies and strategies of the planning plans territorial, the National Government will regulate the minimum conditions of area and useful soil for housing of social interest and priority to be fulfilled by the Macroprojects, taking into account the categories of municipalities that the Law deals with href="ley_0617_2000.html#1"> 617 of 2000 and the housing deficit of entities territorial.

PARAGRAFO 2o. For purposes of this law, when reference is made to the Territorial Order Plan, it is understood that it refers to all the types of plans provided for in the article 9or the 1997 388 Act.

PARAGRAFO 3o. 187 of Decree 19 of 2012. The new text is as follows: > In order to preserve the ethnic, economic and cultural integrity of indigenous peoples and Afro-descendant ethnic communities and to ensure their participation in the decisions that affect them, when In the case of Macroprojects, in whole or in part, on land where the communities are located, the specific prior consultation required by ILO Convention 169, Article 6 (1), (a), (a) is to be carried out during the formulation stage. prior to the adoption of the respective Macroproject.

Vigency Notes
Previous Legislation
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ARTICLE 5o. MINIMUM CONTENT OF THE MACRO-PROJECT. Macroprojects of National Social Interest must define at least the following aspects:

1. The identification and delimitation of the areas that for their environmental, natural and/or landscape values should be protected, as well as the soils of threat protection and non-mitigated risk where no human settlements can be located.

2. The allocation of land uses with the definition of the allowed occupancy and construction indices.

3. The definition of the mobility system indicating the layout and layout of the meshes according to hierarchy and function, as well as the modes of transport associated with the proposed designs.

4. The definition of the system of public space and collective equipment with the general dimensioning and conditions for the layout and layout of parks, plazas, plazoles, alamedas and other public spaces, as well as of the buildings or areas for public facilities for education, culture, health, social welfare, worship, sport, security, defence and justice, food supply and public administration, among others.

5. The definition of the home public service systems with the general dimensioning for the layout and layout of the infrastructure networks of home public services.

6. The cartography that makes an integral part of it.

7. The management and financing strategy with the adoption of the instruments to estimate the financial closure of the urban operation.

PARAGRAFO. The National Government will regulate the content set out in this article and determine the requirements to be presented by those who advance the Macroproject initiative in each of its phases.

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ARTICLE 6o. INITIATIVE HOLDERS. The initiative to promote, formulate, implement and finance Macroprojects of National Social Interest may be from the Ministry of Housing, City and Territory, territorial entities, metropolitan areas, associations of municipalities, public entities concerned and individuals.

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ARTICLE 7o. PROCEDURE FOR THE ANNOUNCEMENT, FORMULATION AND ADOPTION OF MACRO-PROJECTS CATEGORY 1. The announcement, formulation and adoption of the Macroprojects of National Social Interest referred to in Article 41) or of this law shall be governed by the following rules:

1. Advertisement. The Ministry of Housing, City and Territory will announce the Macroprojects of National Social Interest that will be submitted by those who are empowered to do so in accordance with the provisions of the previous article, provided that they comply with the conditions of viability in the terms defined by the regulation of the national government.

This announcement will not generate any obligation to formulate or adopt the respective Macroproject by the Ministry of Housing, City and Territory nor will it oblige the Administration to present offer of purchase on the goods subject to it.

2. Formulation and concertation. Once the administrative act of announcement has been issued, the formulation phase will begin when the holder of the initiative presents to the Ministry of Housing, City and Territory the respective Macroproject with its technical document of support, with the aim (a) to be carried out in accordance with Article 1. Subsequently, the Ministry of Housing, City and Territory will submit the proposal for Macroproject to the administrative conciliation procedure with the municipal or district mayor, for which they will have a term of thirty (30) working days, counted from the receipt of the project by the municipality or district.

As a result of the concertation, the municipal or district mayor and the Ministry of Housing, City and Territory will sign an agreement in which they will leave the agreements on all aspects contained in the formulation of the Macroproject, as well as the commitments that each of the entities will assume in the development of the principles of concurrency, subsidiarity and complementarity. In addition, the agreement will define the conditions of cooperation and the commitments made between the mayor, as the maximum planner of the planning in the respective municipality or district, and the Ministry of Housing, City and Territory, with the to make the development of the phases, adoption and implementation of the Macroprojects more agile and effective.

The Convention dealing with this Article shall also be subscribed by all persons who advance the Macroproject initiative in accordance with the provisions of Article 6or this Law, and shall include: the commitments that each of the parties will undertake in each of the phases of the respective Macroproject. The other actors involved in the various stages of the project will also be able to sign the agreement. The National Government shall regulate the general conditions of these Conventions.

In the event that no agreement is reached, after the time limits set forth in this numeral, the Ministry of Housing, City and Territory may submit again and for a single time and for a term equal to the The project of Macroproject was previously considered by the respective municipal or district mayor, after including the adjustments that are considered relevant.

Expired the term provided in the previous paragraph without achieving the concertation will order the file of the project. Notwithstanding the above, another proposal from Macroproject on the same area may be made at any time.

3. Citizen participation. For Macroprojects Category 1, the democratic participation will be guaranteed in accordance with the mechanisms provided by Law 388 of 1997 and other current regulations on the subject matter for the instrument with the the respective urban operation must be adopted in accordance with the territorial planning plan.

4. Adoption. Once the procedures for dealing with the previous numerals have been completed, the Ministry of Housing, City and Territory will adopt by resolution the respective Macroproject, within thirty (30) working days following the date of subscription of the convention. The adoption resolution shall be published and shall notify those who have subscribed to the Convention that it deals with the numeral 2 of this Article so that they can bring the legal remedies.

The issue of all urban licensing in its different modalities and the implementation of the actions envisaged in the Macroproject will be subject to the provisions of the adoption resolution.

PARAGRAFO. The modification of the planning instruments that complement and develop the territorial planning plan such as partial plans and other plans that have been issued prior to the adoption of the Macro-project, it will be adjusted to the forecasts contained in the latter and will not require to exhaust any of the instances and procedures foreseen in the law.

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ARTICLE 8o. ANNOUNCEMENT PROCEDURE, FORMULATION APPROVAL OF LAND USES AND ADOPTION OF MACRO-PROJECTS CATEGORY 2. The announcement, formulation, approval of land use and adoption of the macro-projects of national social interest to which the Article 4or this law, shall mean bringing forward the special adjustment procedure at the initiative of the mayor, of the objectives, guidelines, policies, strategies, goals, programmes, actions or rules of the territorial planning plan, as the case may be, which shall be governed exclusively for the following procedure:

1. Advertisement. The Ministry of Housing, City and Territory will announce the Macroprojects of National Social Interest that are presented by those who are empowered to do so in accordance with the provisions of article 6or This law, provided that it complies with the conditions of viability in the terms defined by the regulation of the National Government.

This announcement will not generate any obligation to formulate or adopt the respective Macroproject by the Ministry of Housing, City and Territory nor will it oblige the Administration to present offer of purchase on the goods subject to it.

2. Formulation and instances of consultation and consultation. Once the administrative act of announcement has been issued, the formulation phase will begin when the holder of the initiative presents to the Ministry of Housing, City and Territory the respective Macroproject with its technical document of support, with the aim (a) to be carried out in accordance with Article 1. Subsequently, the Ministry of Housing, City and Territory will submit the proposal of Macroproject to the administrative conciliation procedure with the municipal or district mayor.

Based on the document presented and if there is an interest on the part of the respective municipality or district on the proposal presented, it will be up to the respective mayor, if he is interested in the initiative, to start at the same time within ten (10) days of receipt of the same, the consultation and consultation procedures in the following instances:

(a) Concertation with the Regional Autonomous Corporation or competent environmental authority, in cases where the delimitation and/or regulation of the areas of protection and conservation of the natural resources provided for in the Plan of Territorial Planning.

b) Request for a concept to the Metropolitan Board for municipalities that make part of the metropolitan areas, on the harmony of the proposal of Macroproject with the integral plan of metropolitan development, exclusively in the affairs of its and, as long as in the respective Macroproject they involve matters referring to the metropolitan facts, according to the provisions of Law 128 of 1994.

c) Request for a concept to the Territorial Planning Council and other instances of citizen participation provided for in Article 24 4) of Law 388 of 1997 regarding adjustments to the Plan of Territorial arrangement proposed by the respective Macroproject.

d) The proposal of Macroproject will be available throughout the formulation process in the premises of the municipality of the respective municipality or district so that any interested person can consult the respective information. During this term, the respective Mayor will convene a public hearing with the object that the interested parties present and submit their observations and recommendations.

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The actions of the preceding literals shall be carried out simultaneously in a maximum and unextendable term of thirty (30) days counted from the receipt of the proposal in each of them or from the public call for the citizen participation, without being permitted, the suspension of the terms provided for in this numeral for the corresponding pronouncement.

If the environmental authority has not ruled definitively within this term, or if the agreement has been made, it will be up to the Ministry of Environment and Sustainable Development to decide on the issues. For the purposes of this Regulation, a maximum and unrenewable term of 15 (15) working days shall be available from the receipt of the relevant file.

3. Consultation between the Ministry of Housing, City and Territory and the municipal or district mayor. Completed the procedures provided for in the previous number, and within five (5) working days following receipt of all the pronouncements, the Ministry of Housing, City and Territory together with the respective municipality or district adjust and arrange the submitted formulation, for which they shall have a maximum term of forty-five (45) working days.

As a result of the concertation, the municipal or district mayor and the Ministry of Housing, City and Territory will sign an agreement in which they will leave the agreements on all aspects contained in the draft Macro-project, as well as the commitments that each of the entities will assume in the development of the principles of concurrency, subsidiarity and complementarity.

Additionally, the agreement will define the conditions of cooperation and the commitments made between the mayor, as the maximum planner of the planning in the respective municipality or district, and the Ministry of Housing, City and Territory, with the to make the development of the land use, adoption and implementation phases of the respective Macroproject more agile and effective.

The Convention dealing with this Article shall also be subscribed by all persons who advance the Macroproject initiative in accordance with the provisions of Article 6or this Law, and shall include: the commitments that each of the parties will undertake in each of the phases of the respective Macroproject. The other actors involved in the different stages of the macro-project will also be able to sign the agreement. The National Government shall regulate the general conditions of these Conventions.

If no agreement is reached, after the time limits set forth in this numeral, the Ministry of Housing, City and Territory may submit again and for a single time and for a maximum term of thirty (30) The project of Macroproject is considered by the respective municipal or district mayor, after including the adjustments that are considered relevant.

Expired the term provided in the previous paragraph without achieving the concertation phase will order the file of the project. Notwithstanding the above, another proposal from Macroproject on the same area may be made at any time.

4. Approval of land use. The mayor will submit to the municipal council or district the proposal of special adjustment to the plan of territorial planning, which will make within ten (10) working days. following the convention subscription that treats the previous number.

In the event that the council is in recess, the mayor will have to call him for extraordinary sessions. Any modification intended to introduce the Council to the consolidated formulation documents must demonstrate the advantages of the modification of the proposed order solution in the Macroproject and have the prior acceptance and written by the Mayor.

After thirty (30) calendar days from the submission of the proposal for a special adjustment to the territorial planning plan without the municipal or district council approving them, the mayor may adopt the adjustment by decree.

5. Adoption. Once the formulation process has been completed and its corresponding inter-administrative consultation has been completed, the Ministry of Housing, City and Territory will adopt, by means of a resolution and definitively, the respective Macroproject, within thirty years. (30) working days following the term specified in the preceding number. The adoption resolution shall be published and shall notify those who have subscribed to the Convention that it deals with the numeral 2 of this Article so that they can bring the legal remedies.

The issue of all urban licensing in its different modalities and the implementation of the actions foreseen in the Macroproject will be subject to the provisions of the corresponding adoption resolution.

PARAGRAFO 1o. When the mayor requests the concepts or pronouncement that they treat literals (b), (c), and (d) of the numeral 2 of this article and the same are not issued within the specified time limits, it shall be continued with the procedure set forth in the subsequent numerals of this article.

PARAGRAFO 2o. The National Government will determine the contents of the Macroproject formulation documents to be submitted for consideration by the Regional Autonomous Corporation or the corresponding environmental authority and the Respective Council for the purpose of bringing forward both the environmental consultation process and the special adjustment of the territorial planning plan for the development of the macro-project.

PARAGRAFO 3o. Failure to comply with the terms provided for in this law for the delivery of the authorities involved in the processes of formulation, environmental consultation, approval and adoption of the Macro-projects of national social interest and other instruments for the planning of the territory shall constitute a serious failure in the head of the director of the responsible entity.

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ARTICLE 9o. MODIFICATION OF THE MACROPROJECTS. The modification of the macroprojects will be adopted by the Ministry of Housing, City and Territory following the same procedure provided for in this law for its adoption. In the case of Macroprojects Category 2, if the respective modification does not require further adjustments to the Territorial Order Plan, the modification will be brought forward by following the planned procedure for the Macroprojects Category 1.

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ARTICLE 10. EFFECTS OF ADOPTION. The adoption of the Macroprojects of National Social Interest will produce, in accordance with its content, the following effects:

1. The prevalence of its rules, which will therefore be enforced by municipalities and districts in subsequent revisions and modifications of their territorial planning plans.

2. The enforcement of its provisions by all persons governed by public and private law. For the purpose, the urban development licenses for the Macroprojects of National Social Interest will be granted subject to the rules adopted in the same. Macro-projects will not require partial plans or any other urban planning instruments for their development.

3. The allocation of the premises and buildings included in their field of planning and/or management to the urban uses and uses that are applicable under the provisions of the macro-project.

CHAPTER IV.

OF THE CONDITIONS FOR SOIL MANAGEMENT AND THE IMPLEMENTATION OF MACRO PROJECTS OF NATIONAL SOCIAL INTEREST.

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ARTICLE 11. DECLARATORY OF PUBLIC UTILITY AND SOCIAL INTEREST. State of public interest and social interest the premises located in any kind of land where Macroprojects of National Social Interest are advanced, in order to advance the procedures of voluntary disposal, administrative or judicial expropriation and/or the imposition of easements. The grounds necessary for implementing the external works of connection of the Macroproject with the main road and public service infrastructure networks shall be understood as being included in this declaration.

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ARTICLE 12. ANNOUNCEMENT OF THE MACROPROJECTS. The announcement of the Macroprojects of National Social Interest that deal with the numeral 1 of the article 7or and the numeral 1 of the article 8or this law, must be published in the Official Journal, gazette or municipal or district register, or in the appropriate official media of the respective municipality or district or in a journal large circulation in the municipality or district when they lack the previous means of advertising.

PARAGRAFO 1o. The administrative act that contains the announcement of the Macroproject will be entered in the real estate registration portfolio of all the premises that are part of the announced area. This measure may be exempt from payment for registration fees.

PARAGRAFO 2o. The effects of the announcement will cease and, therefore, the Ministry of Housing, City and Territory will advance the procedures to cancel the registration in the real estate registration portfolio (i) on the premises the area announced when the Macroproject initiative is archived by administrative act; or (ii) on the premises excluded from the planning area as determined by the adoption resolution of the respective Macroproject.

PARAGRAFO 3o. Against the administrative act that constitutes the project announcement will not proceed with the resources of the gubbernative path.

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ARTICLE 13. EFFECTS OF THE ANNOUNCEMENT. The publication of the announcement of the Macroproject specifies the reasons of public utility and social interest in the article 11 of this law and will allow to discount the commercial value the amount corresponding to the surplus value or higher value generated by the same announcement, except in cases where the owners have paid the participation in surplus value or the contribution of valorization, as the case may be.

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ARTICLE 14. REFERENCE AVALUMS. For the purpose of determining the commercial value of land prior to the project announcement, the competent public entities shall request the preparation of reference avalums for geoeconomic areas or sub-areas homogeneous.

The entity or person responsible for drawing up the reference guarantees shall establish the price per square metre of land for the zone or homogeneous geoeconomic zones resulting from the study of the values of the area or areas covered by the notice of the macroproject.

The reference value of this article for the announcement of the macro-project will serve as a basis for identifying the increases in the prices of the land generated by the respective announcement as well as for the calculation of the effect of surplus value in the terms provided for in Chapter IX of Law 388 of 1997 and the verification of the burden-sharing and profit-sharing operations and other transactions in which the value of the buildings is required to be determined; prior to the announcement of the macro project.

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ARTICLE 15. GUARANTEES TO DETERMINE THE ACQUISITION VALUE. The purchase price or compensation at the stage of voluntary disposal or direct negotiation, will be equal to the commercial value determined by the Agustin Codazzi Geographic Institute, IGAC, the the entity that performs its functions or by private experts registered in the corresponding auction or associations, as determined by the Decree-Law 2150 of 1995, and in accordance with the rules and procedures in force on the matter, without prejudice to the provisions contained therein Article:

1. In the case that the improvements made after the date of the notification of the offer of purchase are not taken into account, no account shall be taken of the improvements made.

2. Only those increases in the value of the land resulting from the action or direct investment of the respective owner, duly substantiated, or those which the owner demonstrates are not derived from the Macroproject shall be recognised. is announced.

3. In rural areas and those located in urban sprawl, they will not have partial plans prior to the adoption of the Macroproject, which will be subject to the urban development treatment as provided for in the resolution of the adoption of the macro-project, they will be assessed taking into account only criteria for location, uses and economic destination or rural productivity.

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ARTICLE 16. PARTICIPATION IN SURPLUS VALUE. The adoption of the Macroprojects may include the operative facts of the participation in surplus value that the Law 388 deals with in 1997, provided that with the administrative decisions It is specifically authorised to allocate the buildings included in their planning area to more profitable uses and/or to increase the use of the soil by allowing a larger built-up area.

The municipalities and districts in which the Macroprojects of National Social Interest will be executed will be the beneficiaries of the surplus value generated by the adoption of the same, which will be used for the development and execution of the works in charge of the territorial entities in the respective Macroproject for the purposes described in article 85 of Law 388 of 1997.

PARAGRAFO 1o. Pursuant to paragraph 4 of Article 83 of Law 388 of 1997, the municipalities may waive the charge for the participation of surplus value to the buildings intended for housing of social interest.

PARAGRAFO 2o. The general charges for the soil and the cost of the main road infrastructure and the public service matrix networks will be distributed among the beneficiaries of the same and must be recovered by means of tariffs, contribution of recovery, participation in surplus value, pre-dial tax or the equitable distribution of the burdens and benefits of the actions, in the terms that the National Government rules. In any case, the local owners and urbanizers will be responsible for the local charges corresponding to the compulsory disposals of land for the local and secondary road network, collective equipment and public space, as well as the costs of urbanization. for the construction and provision of secondary and home networks for public services in the home, parks and green areas, and local and pedestrian local and secondary roads.

PARAGRAFO 3o. As an alternative instrument to make effective the corresponding municipal or district participation in the surplus value generated by the Macroproject, the adequacy and urban development of the prediums may be made by the distribution of the general charges on which the respective Macroproject is supported.

For the purpose, the allocation of additional urban advantage may be authorised in the administrative act of adoption, in proportion to the participation of the owners in those charges. In any case, the allocation of additional urban advantage will define the maximum area built above the basic urban development that is established to cover the costs of urbanization associated with local loads. The basic and additional buildability indices and their equivalence with the general charges will be set out in the adoption resolution. In such cases, and for the purposes of estimating and liquidating the participation in surplus value in the terms provided for in Chapter IX of Law 388 of 1997 or the rule that adds, modifies or replaces the commercial price per square metre of the buildings in each of the beneficiary areas or sub-areas, with homogeneous geoeconomic characteristics, after the urban development action of the surplus value shall be the one for which the indices are applied of basic buildability.

PARAGRAFO 4o. The owners and agents involved in the execution of the Macroproject will be able to execute all the works corresponding to the infrastructures of the networks of the public services, as well as the extension and/or restitution of existing ones outside the scope of the macro-project intervention, without prejudice to the right to recover such investments from the public service companies concerned, in terms of establish the regulation of the National Government for the conclusion of contracts for contributions repayable.

PARAGRAFO 5o. Without prejudice to the foregoing and exhausted prior concertation set forth in Articles 7or and 8or this law, in those cases in (a) which the Public Service Companies express their technical or financial inability to assume the financing of the public service networks or the absence of interest in the provision of public services on the perimeter of Intervention of the Macroproject, the Municipal Mayor will be able, previewed favourable of the Commission of the respective Regulation and in the terms and conditions provided for in the regulation that for the effect the National Government to issue, to conclude contracts of concession with exclusivity for the provision of the respective service public public in which it will be possible to agree that the value of the investment will be recovered via tariff and without generating additional costs to the final value of the house.

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ARTICLE 17. TAX INCENTIVES FOR THE CONSTRUCTION OF HOUSING OF PRIORITY INTEREST. In order to promote the access of the families of lower economic resources to a housing solution, the departmental and municipal authorities will be able to grant exemptions from taxes on urban design, welfare and stamp duties on the disposal of housing of priority interest.

Within the agreements to be concluded between the Ministry of Housing, City and Territory and the territorial entities referred to in this law, the obligation to head the respective mayors and governors of the present to the respective Councils and Assemblies the initiatives that make the tax exemptions possible.

In any case, the reduction in the cost of producing housing of priority interest that originates in the exemptions in this article will have to be reflected in a direct and clear way in a lower price of the housing or in better housing housing conditions.

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ARTICLE 18. EXECUTION. The national, departmental, municipal and district authorities, and metropolitan areas will be able to participate in the implementation of the Macroprojects of National Social Interest, through the celebration, among others, of contracts of Commercial loyalty subject to general rules and commercial law, without the limitations and restrictions provided for in Article 32 5) of Law 80 of 1993 or in the rules that add it, modify or replace.

PARAGRAFO. Correspond to the National Housing Fund, Fonhousing, execute the resources and develop the activities necessary to execute and/or finance the Macroprojects of National Social Interest in which invest resources from the National Government. The National Government will regulate this matter.

Fondhousing will be able to turn the sums of money that correspond to the family housing allowances that will be allocated by the Fund to the beneficiary households in the respective Macroproject. These resources may be allocated to the development of the execution of works of the Macroproject in terms established by the National Government.

Without prejudice to the resources to be used and to finance Macroprojects, Fonvihousing will continue to allocate resources to other housing programs.

Matches
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ARTICLE 19. PLANNING LICENSES FOR THE IMPLEMENTATION OF MACRO-PROJECTS OF NATIONAL SOCIAL INTEREST. Corresponding to the municipal or district authority or to urban curators, as the case may be, to study, process and issue the urban license in application and compliance with the rules adopted in the respective Macroproject.

The Ministry of Housing, City and Territory at the request of the competent authority to issue urbanization licenses, will decide on the contradictions and gaps that are presented in the interpretation of the rules contained in the adoption resolutions for the Macroprojects.

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ARTICLE 20. TRANSITION REGIME. The Macroprojects of National Social Interest that upon the entry into force of this law are in progress, will continue their process of identification and determination, formulation, adoption or execution, of conformity with the procedure foreseen in the Decrees numbers 4260 of 2007 and 3671 of 2009 that regulate items 79 and 82 of Law 1151 of 2007.

CHAPTER V.

OF THE SOIL CLASSIFICATION.

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ARTICLE 21. SOIL CLASSIFICATION. In addition to the provisions of article 33 of Law 388 of 1997, plans for territorial planning will point to the physical limits and general conditions of the use of rural soils. which must be maintained and preserved by their destination for agricultural, livestock, forestry or natural resource exploitation, taking into account the need for urban growth and the appropriate agricultural use of these areas.

In any case, the macroprojects of social interest and the perimeters of urban land and urban expansion referred to in Articles 31 and 32 of Law 388 of 1997, only may be extended on floors which, according to the classification of the Agustin Codazzi Geographical Institute, belong to classes I, II or III, where it is necessary for the needs of urban expansion, provided that it is not possible to use the same, soils of different quality or condition; and meeting the environmental determinants of treats article 10 of Law 388 of 1997 or the rule that articulates, modifies or replaces it. The National Government shall regulate the provisions of this Article.

PARAGRAFO. The urban expansion soils classified and delimited by the territorial zoning plans that were adopted by the municipalities and districts prior to the entry into force of the This law shall be incorporated into urban development through the procedures provided for the adoption of partial plans or macro-projects of national social interest, in accordance with the current regulations applicable to the that effect.

CHAPTER VI.

OTHER PROVISIONS TO PROMOTE ACCESS TO HOUSING.

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ARTICLE 22. FUNCTIONS OF THE NATIONAL HOUSING FUND. In addition to those established in the legislation in force, and in order to encourage the structuring and execution of housing plans of social interest for households benefiting from the family allowance of Housing of social interest allocated by the National Housing Fund, Fondhousing, empower the aforementioned Fund to:

1. Contract integral management for the implementation of social interest housing plans, Integrated Urban Development Projects (PIDU) and Macroprojects of National Social Interest in its components of pre-investment, investment, execution and assessment.

2. Contract the elaboration of studies for the technical, economic, financial and legal structuring of Macroprojects of National Social Interest, housing projects of social interest and of Integrated Urban Development Projects (PIDU).

3. Acquire lots of land for any title to be intended for the development of social housing plans.

4. To allocate the necessary resources for the acquisition of materials to develop the works of urbanism and the construction of houses of social interest.

5. Acquisition of homes in the process of construction or already built.

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ARTICLE 23. CONTRACTS OF COMMERCIAL TRUST. The powers conferred on the National Housing Fund, Fonhousing, shall be executed on the basis of the conclusion of fiducia contracts subject to the general rules and the law commercial, without the limitations and restrictions provided for in Article 32 5) of Law 80 of 1993, of Law 1150 of 2007, and other rules that modify them, add or replace.

PARAGRAFO 1o. For the fulfilment of the other functions assigned to the aforementioned Fund for the current regulations, it may be used for the conclusion of fiducia contracts on the same terms and conditions established in the Article.

PARAGRAFO 2o. The costs incurred in the management of the resources of the National Housing Fund, Fonvivienda, which will be implemented from the conclusion of the contract of trust in this article will be served by the managed resources. The Fund shall ensure that the object of the fiduciary business is developed by the trust company in conditions of transparency, equality, morality, speed, impartiality, free competition, efficiency, effectiveness, economy and publicity.

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ARTICLE 24. LEASE WITH PURCHASE OPTION IN FAVOR OF THE TENANT. As a mechanism to guarantee the right of access to a new or used VIS or VIP housing, to persons or families wishing to acquire a dwelling for their room, in In particular, those persons or families without the ability to save or access mortgage credit, from the time of the present law, may enter into lease contracts with an option to purchase in favor of the lessee through which the property of the property for the purpose indicated here may be purchased. The National Government shall regulate the provisions of this Article.

PARAGRAFO 1o. The annual increase in lease fees may not exceed the value corresponding to the Consumer Price Index (CPI) certified by the National Administrative Department of Statistics (DANE) for the calendar year immediately preceding the case increase.

PARAGRAFO 2o. The lease contract with option to purchase will be integrally applicable to the provisions contained in Law 820 of 2003 and the other provisions of the Law Civil and/or Commercial regulating the matter.

PARAGRAFO 3o. Unless agreement of the parties, the lease agreement will terminate at the expiration of the initially agreed term or its extensions, if the lessee manifests its intention not to exercise the option of purchase. established in your favor.

Matches
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ARTICLE 25. Article 2 (c) of Law 3 of 1991 will be as follows:

"c) The Financing Sub-system shall be made up of entities that meet savings capture functions, the granting of direct credits and/or the holding of housing lease contracts for the acquisition of family housing, tenancies with option to buy in favor of the tenant, granting of discounts, discounts and subsidies, aimed at the fulfillment of the objectives of the System. Among others, the entities monitored by the Financial Superintendency, the Territorial Development Finance, Findeter, the Agrarian Bank, and the Family Compensation Banks will be members of this subsystem. System Financial. "

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ARTICLE 26. JOINT HOUSING ALLOWANCE AND HOUSING CREDIT, HOUSING LEASE AND LEASE WITH ACQUISITION RIGHT IN FAVOR OF THE TENANT. The Ministry of Housing, City and Territory will regulate a procedure special to enable the resources of the Family Housing Allowance to be articulated in accordance with article 18 of this law, with the resources originated in credits for housing acquisition or housing leasing for the family room granted by the duly authorized entities for such purpose, and with lease agreements with purchase option in favor of the tenant.

PARAGRAFO 1o. For the development of National Social Interest Macroprojects, Integrated Urban Development Projects, and Housing Projects, the National Savings Fund will be able to grant credit to the promoters of such projects. These credits may be subrogated to members of the National Savings Fund that are linked to these projects, in accordance with the policies and regulations that the Board of the National Savings Fund defines for that purpose.

PARAGRAFO 2o. Optional to the National Savings Fund to perform housing leasing operations for housing acquisition.

PARAGRAFO 3o. For the purpose of generating conditions that facilitate the financing of new housing, the National Government, through the Reserve Fund for the Stabilization of Mortgage Portfolio (FRECH), managed The Bank of the Republic will be able to offer new interest rate hedges to the new housing credit debtors that the financial institutions and the Family Compensation Banks will grant, according to the regulations issued by the Bank of the Republic of Mexico. National Government for the latter.

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ARTICLE 27. Article 5o of the 3th Act of 1991 will thus remain:

" Article 5o. It is understood by housing solution, the set of operations that allows a home to have room in satisfactory sanitary conditions of space, public services and quality of structure, or to start the process to obtain them in the future.

These are actions that lead to the procurement of housing solutions, among others:

-Construction, or housing acquisition;

-Construction or acquisition of basic housing units for progressive development;

-Acquisition of lots for self-construction programs of social and VIP housing;

-Celebration of housing leasing contracts for the acquisition of family housing of social interest;

-Celebration of lease contracts with option to purchase housing of social interest and housing of priority interest in favor of the tenant;

-Acquisition or urbanization of land for progressive development;

-Acquisition of land for housing;

-Acquisition of building materials;

-Housing improvement, enablement, and subdivision;

-Legal enablement of real estate titles intended for housing.

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ARTICLE 28. Article 6o of the 3th Act of 1991 will thus remain:

Article 6o. Establish the Family Allowance of Housing as a state contribution in money or in kind, which may be applied in lots with services for self-construction development programs, among others, granted only once to the beneficiary with the object to facilitate access to a housing solution of social interest or priority interest of those referred to in Article 5 or of this law, without a refund, provided that the beneficiary complies with the conditions laid down in this law.

The amount of the subsidy will be determined by the National Government according to the available resources, the final value of the housing solution and the socioeconomic conditions of the beneficiaries, in whose bid a treatment will be given Women's heads of the poorest strata of the population, the women workers in the informal sector and the mothers of the community.

The resources of family housing allowances, once awarded and transferred to the beneficiaries or persons they indicate, regardless of the financial mechanism of receipt, belong to them, and shall be subject to the rules which regulate the activity of individuals.

PARAGRAFO 1o. The beneficiaries of the family housing allowance in any of its modalities, whose dwellings have been or were affected by natural or accidental disasters, by the declaration of calamity public or state of emergency, or terrorist attacks, duly justified and dealt with by the competent authorities, will have the right to apply again, in order to access the family housing allowance, in accordance with the conditions that for the effect establish the national government.

PARAGRAFO 2o. Users of housing credits of social interest or priority interest, who are head of household, who have lost their dwelling place as a result of a payment or for the purposes of a judicial review, may apply for the recognition of the Family Housing Allowance referred to in the previous paragraph, prior to accreditation of domestic calamity or loss of employment and processing to the competent authorities.

PARAGRAFO 3o. Those who have acceded to the family housing allowance referred to in paragraph 1 of this Article may apply for access to the grant of an additional allowance, for the purpose of improvement. of urban or rural housing, equivalent to the maximum value established for each modality, in accordance with the regulations issued by the national government within three (3) months of the enactment of this law.

PARAGRAFO 4o. Households will be able to access the family housing allowance of social interest granted by different units of the National Housing System of Social Interest and apply them concurrently for the obtaining a housing solution of social interest where the nature of the solution so permits.

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ARTICLE 29. FAMILY HOUSING ALLOWANCE INFORMATION SYSTEM. The Ministry of Housing, City and Territory shall structure a national system of information on the supply of housing solutions of social interest and demand for housing. housing subsidies of social interest that will be administered by the National Housing Fund, Fonhousing. This Ministry shall regulate the conditions of operation, in particular those corresponding to the type of information and the public or private entities which are part of the National Housing System of Social Interest, which must supply.

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ARTICLE 30. REGISTRATION. In order to ensure that the percentages of useful soil that are defined in the respective Macroproject for housing of social interest (VIS) or of priority interest (VIP) are developed with this type of housing, in the public writing The development of the urbanization will determine the areas designated to VIS/VIP by its location and borders as stipulated in the respective urban license, in all accordance with the administrative act of adoption of the respective macro-project, and will be ordered to be registered in the real estate registration portfolio of each of the properties.

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ARTICLE 31. To be a candidate and beneficiary to the Housing Allowance of Social and Priority Interest, in the framework of the housing projects it is not necessary to have a scheduled savings.

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ARTICLE 32. The National Government shall regulate the provisions of this law within six (6) months of the enactment of this law.

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ARTICLE 33. VALIDITY. This law governs from its publication and repeals all provisions that are contrary to it.

The President of the honorable Senate of the Republic,

ARMANDO BENEDETTI VILLANEDA.

The Secretary General of the honorable Senate of the Republic,

EMILIO RAMON OTERO DAJUD.

The President of the honorable House of Representatives,

CARLOS ALBERTO ZULUAGA DIAZ.

The Secretary General of the honorable House of Representatives,

JESUS ALFONSO RODRIGUEZ CAMARGO.

COLOMBIA-NATIONAL GOVERNMENT

Publish and comply.

Dada en Bogotá, D. C., 30 June 2011.

JUAN MANUEL SANTOS CALDERÓN

The Minister of Finance and Public Credit,

JUAN CARLOS ECHEVERRY GARZON.

The Deputy Minister of Housing and Territorial Development of the Ministry of Environment, Housing and Territorial Development, in charge of the office of the Minister of Environment, Housing and Territorial Development,

JULIO MIGUEL SILVA SALAMANCA.

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