ACT 1469 2011
Official Gazette No. 48116 of June 30, 2011 CONGRESS OF THE REPUBLIC
By which measures are taken to promote the supply of developable land and adopt other measures to promote access to housing. Summary
THE CONGRESS OF COLOMBIA DECREES:
CHAPTER I. GENERAL PROVISIONS.
ARTICLE 1o. OBJECTIVES. This law aims to:
1. Facilitate the implementation of integrated urban operations in which converge in a coordinated initiative, organization and management of the nation, local authorities, metropolitan areas, individuals, environmental authorities and companies of public services to urban national policy in order to promote the sustainability of territorial and urban development, controlling land speculation, ensure the defense of public space and protecting the environment and promoting a comprehensive policy of risk management.
2. Developing the principles of competition, coordination and subsidiarity, defining the mechanisms and procedures for the National Government in conjunction with the administrations of municipalities and districts and in exercise of their powers, promote, develop, adopt and implement urban operations comprehensive efficient, through the figure of Macroproyectos National Social Interest, aimed at streamlining the process of empowerment of developable land and increase housing production scale taking into account the respective urban housing deficit of each municipality or district.
3. Complementing the national urban policy instruments that promote effective participation and concurrence of the national government with local authorities in the development of integrated urban operations in urban, metropolitan or regional impact, ensuring equitable and rational land use, in the public interest , to give effect to the constitutional right to decent housing and public services.
4. Guarantee the right to participation of citizens 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 meet the housing needs of all municipalities in the country.
6. Articulate demand existing instruments and define other to facilitate the financial closure of families to access a housing solution.
7. Promote the Macroproyectos develop criteria for social planning, which involves making intervention models in order to positively transform from the social, physical and inter components, a particular territory, incorporating all elements of development simultaneously and planned, aimed at ensuring that the construction of urban projects are carried out with appropriate standards of urban and environmental quality, incorporating citizen participation mechanisms as provided in Article 4 of Law 388 of 1997.
MACROPROJECTS NATIONAL SOCIAL INTEREST.
. MACROPROJECTS NATIONAL SOCIAL INTEREST. Macroprojects national social interest are the set of administrative decisions and planning activities, defined by mutual agreement between the national government and the municipal and district administrations in the field of their respective responsibilities for the implementation of integrated urban operations municipal impact, metropolitan or regional enablement to ensure land for housing construction and other uses associated with housing and related infrastructure support for the road system, transport, public services, public spaces and community facilities.
The National Social Interest Macroproyectos must attend preferentially the housing deficit of the respective territorial entity, and establish mechanisms to ensure that low-income households and vulnerable people to access housing solutions that produce the Macroproyectos.
PARÁGRAFO. The Macroproyectos national social interest can be located in urban land, urban or rural expansion, as provided in Chapter IV of Law 388 of 1997. In any case, comprehensive urban operations adopted by the Macroproyectos that is this law will define the conditions for urban empowerment of the properties that are assigned treatment urban development or urban renewal. Effective Jurisprudence
ARTICLE 3. SCOPE OF NATIONAL SOCIAL INTEREST MACROPROJECTS. The development of Macroproyectos National Social Interest shall promote:
1. The construction of urban projects for localization urban settlements with adequate standards of urban and environmental quality, ensuring a structural impact on the spatial organization of the territory, including at their articulation in the metropolitan or regional context.
2. The rational use of land, harmonizing the housing needs of local authorities, with the land needs for economic and productive development, environmental protection and prevention and mitigation of risks to the settlement of the population.
3. Efficient land use to meet the social and ecological function of property.
4. Adequate road infrastructure and public service networks which allow land development and construction of properties that are intended for the treatment urban development, redevelopment or urban renewal.
5. Destination soil mainly to residential uses, subject to a portion of these for housing of social interest and priority interest, in order to promote the realization of the right to enjoy decent housing for households with lower income of local authorities.
6. The adoption of management tools soil leg capturing capital gains and distribution of burdens and benefits, compensations and substitutions to provide soil and / or building works of infrastructure for transport, public services and / or collective facilities charged to the owners and agents involved in the operation, in accordance with the objectives and guidelines adopted in the respective Macroproyecto.
7. The definition of mechanisms for joint and concerted action in the public sector with the private sector.
8. Promoting financing mechanisms for the most vulnerable households to access housing in the macro projects.
CATEGORIES AND PROCEDURES FOR ADVERTISEMENT, DESIGN, APPROVAL AND ADOPTION OF NATIONAL SOCIAL INTEREST MACROPROJECTS.
ARTICLE 4. CATEGORIES. Macroprojects national social interest shall be adopted by the Ministry of Housing, City and Territory and differentiate, as their purpose is:
1. Macroproyecto Category 1: The definition of the terms and conditions of management and implementation of content, actions or urbanistic plan rules existing land use, on the basis of an agreement between the Ministry of Housing, City and Territory and the mayor of respective municipality or district. With the adoption of these mega projects, in no case may be amended the provisions of the respective current land use plan.
2. Macroproyecto Category 2: The definition, in addition to the provisions of the preceding paragraph, possible changes to the planning regulations provided for in the plan of current land use, when necessary to ensure the viability of urban operation is adopted with Macroproyecto. In these cases, the adoption of macro project will involve the prior approval of the municipal or district council of the amendment to 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 opportunity, desirability and feasibility of the new system solution. PARAGRAPH 1.
. In order to promote coordination of the various categories of macro projects referred to in this article, with the policies and strategies of social housing of land use plans, the National Government will regulate the minimum conditions of the area and floor useful intended for social and priority housing to be met by Macroproyectos interest, taking into account the categories of municipalities dealing Law 617 of 2000 and the housing deficit of local authorities. PARAGRAPH 2.
. For purposes of the provisions of this law, when reference is made to the Land Use Plan shall mean that refers to all types of plans provided for in Article 9 of Law 388 of 1997.
. In order to preserve Ia ethnic, social, economic and cultural integrity of indigenous peoples and Afro ethnic communities and ensure their participation in decisions that affect them, when Macroproyectos are ahead, in whole or in part, in soil where these communities are built, is you must perform specific Ia prior consultation required by ILO Convention 169 Ia, Article 6, paragraph 1, letter a), during the stage of preparation prior adoption of the respective Macroproyecto Ia. Effective Notes
The 5th ITEM. MINIMUM CONTENT macroproject. The National Social Interest Macroproyectos must define at least the following:
1. The identification and delimitation of areas for their natural environment, and / or landscape values must be protected and protection floors threat and risk unmitigatable where you can not locate human settlements.
2. The allocation of land uses with the definition of occupancy rates and allowed construction.
3. The definition of the mobility system indicating the arrangement and layout of road meshes according to hierarchy and function, as well as transport modes associated with the proposed paths.
4. The system definition of public space and public facilities with the general sizing and conditions for the arrangement and layout of parks, plazas, squares, malls and other public spaces, as well as buildings or areas for public facilities of education, culture, health, social welfare, religion, sports, security, defense and justice, food supply and public administration, among others.
5. The definition of public services systems with the general layout and sizing for network paths of public services infrastructure.
6. The mapping is an integral part thereof.
7. Management strategy and financing with the adoption of instruments to estimate the financial closure of urban operation.
PARÁGRAFO. The National Government shall regulate the levels set out in this Article and determine the requirements to be present who brought forward the initiative of Macroproyecto in each of its phases.
ARTICLE 6o. HOLDERS OF THE INITIATIVE. The initiative to promote, develop, implement and finance Macroproyectos National Social Interest may be the Ministry of Housing, City and Territory, local authorities, metropolitan areas, associations of municipalities, public entities and individuals concerned.
ARTICLE 7. PROCEDURE AD, FORMULATION AND ADOPTION OF MACROPROJECTS CATEGORY 1. The announcement, formulation and adoption of National Social Interest Macroproyectos that paragraph 1 of article 4 of this law refers to, shall be governed by the following rules: || | 1. Ad. The Ministry of Housing, City and Territory announce Macroproyectos National Social Interest submitted by those who are authorized to do so in accordance with the provisions of the preceding article, provided they comply with the conditions of viability in terms defined the regulations of the National Government.
This ads does not generate obligation to make or take the respective Macroproyecto by the Ministry of Housing, City and Territory or force the Administration to submit bid on goods subject matter.
2. Formulation and coordination. Once issued the administrative act of advertisement, the formulation phase will start when the holder of this the Ministry of Housing initiative, City and Territory the respective Macroproyecto with technical support document, so that your analysis is appropriate viability. Subsequently, the Ministry of Housing, City and Territory submitted the proposal Macroproyecto for processing of inter consultation with the municipal or district mayor, for which they will have a term of thirty (30) working days from receipt of the project by the municipality or district.
As a result of the agreement, the municipal or district mayor and the Ministry of Housing, City and Territory sign an agreement which will leave enshrined in agreements on all aspects contained in the formulation of Macroproyecto and assume the commitments each of the entities developing the principles of competition, subsidiarity and complementarity. In addition, the agreement will define the terms of cooperation and commitments between the mayor maximum guiding planning in the respective municipality or district, and the Ministry of Housing, City and Territory, in order to make more agile and effective phase development, adoption and implementation of macro-projects.
The Convention referred to in this article will also be signed by all the people who brought forward the initiative of Macroproyecto in accordance with the provisions in Article 6 of this Act, and include commitments that assume each of the parties each of the phases of the respective Macroproyecto. The other actors that are linked at different stages of Macroproyecto may also sign the agreement. The National Government shall regulate the general conditions of these Conventions.
If not reached any agreement after expiry of the periods set out in this paragraph, the Ministry of Housing, City and Territory may submit again and once and for a term equal to the previously indicated Macroproyecto draft for consideration by the respective municipal or district mayor, after including the adjustments that are deemed appropriate.
Expiration of the period provided for in the preceding paragraph without the agreement achieved by the project file is ordered. Notwithstanding the foregoing, at any time you may make another proposal Macroproyecto over the same area.
3. Citizen participation. For Category 1 Macroproyectos, democratic participation is guaranteed in accordance with the mechanisms provided by Law 388 of 1997 and other applicable regulations on the matter to the instrument with which be taken by the respective urban operation according to the land use plan.
4. Adoption. Upon completion of the procedures outlined in the previous paragraphs, the Ministry of Housing, City and Territory resolution adopted by the respective Macroproyecto, within thirty (30) working days following the date of signing the agreement. The resolution adoption publish and notify those who had signed the Convention dealing with paragraph 2 of this Article so that they can bring the resources of law.
The issuance of all building licenses in its different modalities and implementation of the actions foreseen in the Macroproyecto be subject to all the provisions of resolution adoption.
PARÁGRAFO. The modification of the planning tools that complement and develop the land use plan such as partial plans and others that were issued prior to the adoption of Macroproyecto shall conform with the provisions contained in the latter and not be required to exhaust any the bodies and procedures under the law.
Article 8. PROCEDURE AD, FORMULATION APPROVAL OF LAND USE AND ADOPTION OF MACROPROJECTS CATEGORY 2. The announcement, formulation, approval of land use and adoption of macro national social interest paragraph 2 of Article 4 of this relates to law, will involve advancing the special adjustment procedure initiated by the mayor, objectives, guidelines, policies, strategies, goals, programs, actions or policies of land use plan, as the case, which is governed exclusively by the procedure which states as follows:
1. Ad. The Ministry of Housing, City and Territory announce Macroproyectos National Social Interest submitted by those who are authorized to do so in accordance with the provisions in Article 6 of this Law, provided they meet the conditions of viability the terms that define the rules of the National Government.
This ads does not generate obligation to make or take the respective Macroproyecto by the Ministry of Housing, City and Territory or force the Administration to submit bid on goods subject matter.
2. Formulation and consultation bodies and consultation. Once issued the administrative act of advertisement, the formulation phase will start when the holder of this the Ministry of Housing initiative, City and Territory the respective Macroproyecto with technical support document, so that your analysis is appropriate viability. Subsequently, the Ministry of Housing, City and Territory Macroproyecto submit the proposal for processing of inter consultation with the municipal or district mayor.
Based on the document and if any interest by the respective municipality or district's proposal, it will be up to the respective mayor, if you are interested in the initiative, start simultaneously within ten (10) days of receipt thereof, the procedures for negotiation and consultation in the following ways:
a) Cooperation with the competent regional Autonomous Corporation or environmental authority, in cases required vary the delimitation and / or regulation of protected areas and conservation of natural resources under the Land Use Plan.
B) Application to the Metropolitan Board concept for municipalities that are part of metropolitan areas on the harmony of the proposed Macroproyecto with the comprehensive plan for metropolitan development, exclusively on matters within its competence and provided when in the respective Macroproyecto facts concerning metropolitan areas, according to the provisions of Law 128 of 1994
c) Application concept to Territorial Planning Council and other bodies of public participation provided for in paragraph 4 involved Article 24 of Law 388 of 1997 regarding adjustments to the Land Use Plan proposed by the respective Macroproyecto.
D) The proposed Macroproyecto will be available throughout the process of formulation facilities mayor of the respective municipality or district to anyone interested can consult the respective information. During this term, the respective Mayor convene a public hearing in order that interested parties submit and present their observations and recommendations.
The actions that treat the literal above will be advanced simultaneously in a maximum non-extendable period of thirty (30) days from receipt of the proposal in each or the public call for citizen participation , without allowing the suspension of the terms provided in this paragraph for the corresponding statement.
If the environmental authority has not been finally pronounced within this term or if after the conclusion pronounced was not achieved, it will be up to the Ministry of Environment, Housing and Territorial Development decide on environmental issues, for which have a maximum term e unpostponable fifteen (15) working days from receipt of the respective file.
3. Agreement between the Ministry of Housing, City and Territory and the municipal or district mayor. The formalities provided for in the preceding paragraph, and within five (5) business following receipt of all the pronouncements days, the Ministry of Housing, City and Territory together with the respective municipality or district will adjust and shall consult the formulation presented for which they have a maximum term of forty-five (45) business days.
As a result of the agreement, the municipal or district mayor and the Ministry of Housing, City and Territory sign an agreement which will leave enshrined in agreements on all aspects contained in the draft Macroproyecto and assume the commitments each of the entities developing the principles of competition, subsidiarity and complementarity.
In addition, the agreement will define the terms of cooperation and commitments between the mayor maximum planning counselor in the respective municipality or district, and the Ministry of Housing, City and Territory, in order to make more agile and effective development phases of land use approval, adoption and implementation of the respective Macroproyecto.
The Convention referred to in this article will also be signed by all the people who brought forward the initiative of Macroproyecto in accordance with the provisions in Article 6 of this Act, and include commitments that assume each of the parties each of the phases of the respective Macroproyecto. The other actors that are linked at different stages of the mega-project will also sign the agreement. The National Government shall regulate the general conditions of these Conventions.
If not reached any agreement after expiry of the periods set out in this paragraph, the Ministry of Housing, City and Territory may submit again and once and for a maximum period of thirty (30 ) business days Macroproyecto the draft for consideration by the respective municipal or district mayor, after including the adjustments that are deemed appropriate.
Expiration of the period provided for in the preceding paragraph without the consultation phase achieved the project file is ordered. Notwithstanding the foregoing, at any time you may make another proposal Macroproyecto over the same area.
4. Approval of land use. Culminating processes that address the preceding paragraphs, the Mayor shall submit to the municipal or district council proposed special adjustment to the land use plan, which will, within ten (10) business days following the signing of the agreement in the preceding paragraph.
In the event that the council is in recess, the mayor must convene special sessions. Any amendments which the Council intends to make to the consolidated documents formulation should demonstrate the benefits of the modification on the system solution proposed in the Macroproyecto and have prior written approval of the Mayor.
After thirty (30) calendar days from the submission of the proposed special adjustment to the land use plan without the municipal or district council approves them, the mayor may adopt such adjustment by decree.
5. Adoption. Once the process of formulation and corresponding inter-agreement is concluded, the Ministry of Housing, City and Territory shall, by resolution and definitively, the respective Macroproyecto, within thirty (30) days following the end working days provided in paragraph previous. The resolution adoption publish and notify those who had signed the Convention dealing with paragraph 2 of this Article so that they can bring the resources of law.
The issuance of all building licenses in its different modalities and implementation of the actions foreseen in the Macroproyecto be subject to all the provisions of the relevant resolution adopted. PARAGRAPH 1.
. When the mayor requested the concepts or pronouncement dealing paragraphs b), c) and d) of paragraph 2 of this Article and the same are not dispatched within the prescribed period, it will continue with the procedure established in the following paragraphs of this Article. PARAGRAPH 2.
. The National Government will determine the content of the documents formulation Macroproyecto to be submitted for consideration by the Regional Autonomous Corporation or relevant environmental authority and the respective Council in order to advance both the process of environmental agreement, as set special management plan territorial development of the mega-project. PARAGRAPH 3.
. Failure to comply with the terms provided in this law for the pronouncement of the authorities involved in the formulation, environmental consultation, approval and adoption of macro national social interest and other instruments of planning the territory, constitute serious misconduct in head director of the responsible entity.
Article 9. MODIFICATION OF MACROPROJECTS. Modification of the macro projects will be adopted by the Ministry of Housing, City and Territory following the same procedure provided in this Act for adoption. Macroproyectos case of Category 2, if the respective modification does not require further adjustments to the Land Use Plan, the modification will be brought forward following the procedure provided for Macroproyectos Category 1
ARTICLE 10. EFFECTS OF ADOPTION. The adoption of the National Social Interest Macroproyectos produce, in accordance with its content, the following effects:
1. The prevalence of the provisions hereof shall therefore must compliance by municipalities and districts in subsequent revisions and modifications to their land use plans.
2. The obligation to comply with its provisions by all persons of public and private law. For this purpose, the urban development of the National Social Interest Macroproyectos licenses be granted subject to the rules adopted in them. Macroprojects not require partial plans, nor any tool of urban planning for development.
3. The destination of the land and buildings included in the scope of planning and / or management to urban uses and exploitations that are applicable under the provisions of macroproject.
CONDITIONS FOR LAND MANAGEMENT AND IMPLEMENTATION OF NATIONAL SOCIAL INTEREST MACROPROJECTS.
declaration of public utility and social interest. Are declared of public utility and social interest properties located in any kind of soil where Macroproyectos National Social Interest get ahead, to advance voluntary transfer procedures, administrative or judicial expropriation and / or the imposition of easements. shall be included in this declaration the land needed to run the external works Macroproyecto connection with major road networks infrastructure and public services.
ARTICLE 12. ANNOUNCEMENT MACROPROJECTS. The announcement of the Macroproyectos National Social Interest trying paragraph 1 of Article 7 and paragraph 1 of article 8 of this Act shall be published in the Official Journal, gazette or municipal or district registers or official appropriate means the respective municipality or district or in a newspaper of wide circulation in the municipality or district if they lack previous advertising media. PARAGRAPH 1.
. The administrative act containing the announcement Macroproyecto be entered in the property registration folio of all properties that are part of the announced area. This measure may be exempt from registration fees. PARAGRAPH 2.
. The effects of the announcement cease and, therefore, the Housing Ministry, City and Territory advance procedures to disenroll in folio real estate registration (i) on the grounds of the announced area when the initiative Macroproyecto is filed by administrative act; or (ii) on the premises that are excluded from the planning area as determined by the adoption of the respective resolution Macroproyecto. PARAGRAPH 3.
. Against the administrative act that constitutes the announcement of the project will not proceed resources through government channels.
ARTICLE 13. EFFECTS OF AD. The publication of the specific Macroproyecto the reasons of public utility and social interest referred to in article 11 of this law and allow discounting of commercial appraisal of acquisition, corresponding to goodwill or greater value generated amount for the same ad, except cases where the owners have paid goodwill or participation in valorización, depending on the case.
APPRAISALS ARTICLE 14. REFERENCE. For purposes of determining the market value of the land before the announcement of the project, the competent public authorities seek the production of reference appraisals homogeneous geo-economic zones or subzones.
The entity or person in charge of preparing the reference appraisals set the price per square meter of floor area or geo-economic homogeneous areas resulting from the study of values of the area or areas under macroproject ad.
Appraisals reference in this article to announce the mega-project, will serve as a basis for identifying increases in land prices generated by the respective ad and for calculating the effect of goodwill under the terms provided in the chapter IX of Law 388 of 1997 and the verification of operations sharing of burdens and benefits and other operations in which it is required to determine the value of property prior to the announcement of the mega-project.
APPRAISALS FOR DETERMINING THE VALUE OF ACQUISITION. The purchase price or compensation in the stage of voluntary transfer or direct negotiation, be equal to the market value determined by the Codazzi, IGAC, the entity to perform its tasks or by registered private experts at auction or corresponding associations, as determined by Decree-Law 2150 of 1995, and in accordance with the rules and procedures on the matter, subject to the provisions of this article:
1. In the appraisal practice that improvements made after the date of notification of the purchase offer is not taken into account.
2. They will be recognized only those increases in land value resulting from the action or the respective owner direct investment, duly substantiated, or those who the owner proves Macroproyecto not derived from being advertised.
3. The land in rural land and those located in the floor of urban expansion that did not count with prior to the adoption of Macroproyecto, which remain subject to urban treatment of development in accordance with the resolution adopted macroproject, partial plans will be assessed taking into account only location criteria, uses and economic destination or rural productivity.
ARTICLE 16. PARTICIPATION IN GOODWILL. The adoption of Macroproyectos may include events giving rise to participation in capital gain that is Law 388 of 1997, provided that administrative decisions contemplated therein specifically authorized to allocate the properties included in the planning area to other uses profitable and / or increase land use allowing more built-up area.
The municipalities and districts in which the National Social Interest Macroproyectos run will be the beneficiaries of the goodwill generated by the adoption thereof, which is devoted to the development and execution of works by entities in the respective territorial Macroproyecto for the purposes described in Article 85 of Law 388 of 1997. PARAGRAPH 1.
. In accordance with the provisions of the 4th paragraph of Article 83 of Law 388 of 1997, municipalities may exempt from payment of surplus to share buildings for social housing. PARAGRAPH 2.
. The general charges for the soil and the cost of the main road infrastructure and matrices utility networks, will be distributed among the beneficiaries thereof and shall be recovered through tariffs, valorización, participation in surplus, property tax or by equitable sharing of the burdens and benefits of the actions, in terms regulating the national government. In any case, they are borne by the owners and developers corresponding to the mandatory cessions of land for local and secondary roads, community facilities and public space local charges as well as the development costs related to the construction and equipping of secondary and home networks public utilities, parks and green areas, pedestrian and vehicular and local and secondary roads. PARAGRAPH 3.
. As an alternative instrument to effect the appropriate municipal or district participation in goodwill generated by the Macroproyecto, adequacy and empowerment of urban land can be made through the distribution of general cargo on the respective Macroproyecto rests.
For this purpose, the administrative act of adoption may authorize the allocation of additional urban land use, in proportion to the participation of owners in these charges. In any case, the allocation of additional urban land use define the maximum buildable area above the basic urban use is established to cover the development costs associated with local charges. Basic rates and additional buildable and their equivalence with general cargo will be established in the Resolution of Adoption. In these cases, and for purposes of estimating and liquidating participation in surplus under the terms provided in Chapter IX of Law 388 of 1997 or the norm that adicione, modify or replace, the market price per square meter of real estate in each beneficiary zones or subzones, with homogeneous geo-economic characteristics, after generating goodwill urban action will correspond to that resulting from applying basic rates buildable.
PARÁGRAFO 4o. The owners and agents involved in the implementation of Macroproyecto can execute all works relating to the infrastructure of matrices utility networks as well as the expansion and / or restoration of existing outside the perimeter of intervention macroproject, without prejudice right to recover such investments from companies of the public services, under the terms established by the regulations of the National Government for the conclusion of contracts for repayable contributions.
PARÁGRAFO 5O. Notwithstanding the foregoing and exhausted prior consultation set out in Articles 7 and 8th of this law, in cases in which the Companies of Public Services show their technical or financial inability to take the financing of matrices service networks public or lack of interest in providing public services in the scope of intervention Macroproyecto, the Mayor may, after approval by the Commission of the respective regulations and the terms and conditions provided in the regulations for the purpose by the National government concession contracts exclusively for the provision of the respective domiciliary public service in which you can agree that the value of the investment will be recovered via rate and without additional costs to the final value of housing is generated.
ARTICLE 17. TAX INCENTIVES FOR HOUSING CONSTRUCTION priority interest. In order to promote access of families of lower economic resources to a housing solution, departmental and municipal authorities may grant exemptions from taxes urban boundary, charitable and stamps falling upon the sale of homes of priority interest .
Among the agreements held between the Ministry of Housing, City and Territory and territorial entities referred to this law, you can contemplate the obligation head of the respective mayors and governors to submit for consideration by the Councils and respective Assemblies initiatives that make possible tax exemptions.
In any case, the reduction in production cost housing priority interest originating from the exemptions referred to this Article shall be reflected directly and clearly in a lower price of housing or better housing conditions housing.
ARTICLE 18. EXECUTION. Entities of national, departmental, municipal and district order, and metropolitan areas may participate in the implementation of Macroproyectos National Social Interest, by holding, among others, commercial trust agreements subject to the general rules and the law commercial, without the limitations and restrictions provided for in paragraph 5 of Article 32 of Law 80 of 1993 or the rules that supplement, amend or replace.
PARÁGRAFO. It will be up to the National Housing Fund, Fonvivienda, run and develop the necessary resources to implement and / or finance Macroproyectos National Social Interest that resources from the national government investing activities. The National Government will regulate this matter.
Fonvivienda can turn to pension trusts advance the sums corresponding to the family housing subsidies to be allocated by the Fund to beneficiary households in the respective Macroproyecto. These resources can be allocated to the development of the execution of works of Macroproyecto in the terms established by the Government.
Without prejudice to the resources devoted to implementing and financing Macroproyectos, Fonvivienda continue to devote resources to other housing programs.
LICENSES ARTICLE 19. URBAN DEVELOPMENT IMPLEMENTATION OF NATIONAL SOCIAL INTEREST MACROPROJECTS. It is up to the municipal or local authority or urban curators, as the case study, processing and issuing planning permission in implementation and enforcement of the rules adopted in the respective Macroproyecto.
The Ministry of Housing, City and Territory at the request of the competent authority to issue licenses urbanization, will decide on the contradictions and gaps that arise in the interpretation of the rules contained in the resolutions of adoption of Macroproyectos.
transitional regime. The Macroproyectos National Social interest that the entry into force of this law are ongoing, continue their process of identification and identification, formulation, adoption or implementation, in accordance with the procedure laid down in numbers Decrees 4260 of 2007 and 3671 2009 regulating articles 79 and 82 of Law 1151 of 2007.
CHAPTER V. CLASSIFICATION SOIL.
soil classification. In addition to the provisions of Article 33 of Law 388 of 1997, the land use plans shall indicate the physical limits and general conditions of use of rural land that must be maintained and preserved for their destination to agriculture, livestock, forestry or exploitation of natural resources, taking into account the need of urban growth and the proper use of such areas agrological.
In any case, the macro projects of social interest and perimeters of urban land and urban sprawl referred to Articles 31 and 32 of Law 388 of 1997, may be extended only on soil classification according Geographic Institute Agustin Codazzi belong to classes I, II or III, as required in view of the needs of urban sprawl, provided it is not possible to allocate the purpose, soils of different quality or condition; and complying with environmental determinants of which Article 10 of Law 388 of 1997 or the norm that article, modify or replace. The National Government shall regulate the provisions of this Article.
PARÁGRAFO. Soils of urban sprawl classified and delimited by land use plans have been adopted by the municipalities and districts prior to the entry into force of this law, they are incorporated into urban development through the procedures provided for adoption of partial plans or macroprojects national social interest, all in accordance with the current regulations that apply to that effect.
OTHER PROVISIONS TO PROMOTE ACCESS TO HOUSING.
ARTICLE 22. FUNCTIONS
National Housing Fund. In addition to those established in the current legislation, and in order to encourage the structuring and implementation of plans for social housing for households beneficiaries of family allowance income housing allocated by the National Housing Fund, Fonvivienda, is empowered to said for background:
1. Hiring managers to implement comprehensive plans for social housing, Integrated Urban Development Projects (PIDU) and National Social Interest Macroproyectos into its components pre-investment, investment, implementation and evaluation.
2. Hiring preparing studies for technical, economic, financial and legal structuring of Macroproyectos National Social Interest housing projects of social interest and Integrated Urban Development Projects (PIDU).
3. Acquire plots of land in any capacity to be allocated to development plans social housing.
4. Allocate the necessary resources for the purchase of materials to develop the works of planning and construction of social housing.
5. Purchase of homes under construction or already built.
ARTICLE 23. MERCANTILE trust deeds. The powers attributed in article before the National Housing Fund, Fonvivienda shall run from the conclusion of contracts of trust subject to the general rules and commercial law, without the limitations and restrictions provided for in paragraph 5 of Article 32 Law 80 of 1993, Act 1150 of 2007, and other regulations that modify, add or replace. PARAGRAPH 1.
. To fulfill other duties assigned to that fund by current regulations may be exercised holding trust deeds under the same terms and conditions set forth in this Article. PARAGRAPH 2.
. The costs incurred for the management of the resources of the National Housing Fund, Fonvivienda, which ejecutaren from the conclusion of contracts of trust that the present article will be served under the managed resources. The Fund will ensure that the purpose of the trust business is developed by the trust company under conditions of transparency, equality, morality, speed, impartiality, free competition, efficiency, effectiveness, economy and advertising.
ARTICLE 24. LEASE WITH PURCHASE OPTION FOR TENANT. As a mechanism to guarantee the right of access to housing VIS or VIP, new or used, to individuals or families who wish to purchase housing for your room, especially those individuals or families without savings capacity or access to mortgage credit, from the effective date of this Act may enter into leases with purchase option for the lessee through which may be acquired ownership of the property intended for the purpose indicated herein. The National Government shall regulate the provisions of this Article. PARAGRAPH 1.
. The annual increase in lease fees shall not exceed the value corresponding to the Consumer Price Index (CPI) certified by the National Administrative Department of Statistics (DANE) for the immediately preceding the calendar year increase case. PARAGRAPH 2.
. The lease with option to purchase the provisions of Law 820 of 2003 and other provisions of civil law and / or Commercial governing the matter will be fully applicable. PARAGRAPH 3.
. Unless otherwise agreed by the parties, the lease will terminate at the expiration of the period originally agreed or its extensions, if the tenant expresses its intention not to exercise the option in his favor.
ARTICLE 25. The literal c) of Article 2 of Law 3rd 1991 will read:
"c) Subsystem Financing will consist of entities performing functions of attracting savings, granting direct loans and / or concluding contracts for the purchase of housing lease family housing, lease with purchase option for the lessee, granting discounts, rediscounts and subsidies, aimed at fulfilling the objectives of the system. Among others, are members of this subsystem entities supervised by the Financial Superintendency, Financial Territorial Development, Findeter, the Agricultural Bank and the Family Compensation participating Financial Management System. "
ARTICLE 26. JOINT FAMILY HOUSING ALLOWANCE AND HOUSING CREDIT, LEASING AND LEASE HOUSING WITH RIGHT OF ACQUISITION FOR TENANT. The Ministry of Housing, City and Territory regulate a special procedure to articulate the resources of family housing subsidy dealt with in Article 18 of this Law, with resources originating in loans for house purchase or lease housing for habitation of family granted by duly authorized for such purpose entities, and leases with purchase option for the lessee. PARAGRAPH 1.
. For the development of the National Social Interest Macroproyectos, comprehensive project of Urban Development and Housing Project, the National Savings Fund builder may grant credit to the promoters of these projects. These credits may be subrogated to members of the National Savings Fund which are linked to these projects, in accordance with policies and regulations for that purpose define the Board of the National Savings Fund. PARAGRAPH 2.
. To authorize the National Savings Fund for housing leasing operations for the purchase of housing. PARAGRAPH 3.
. In order to create conditions to facilitate the financing of new housing, the Government, through the Reserve Fund for the Stabilization of Mortgage Portfolio (FRECH), administered by the Bank of the Republic, may offer new hedging interest rate credit debtors new housing that give financial institutions and the Family Compensation, according to the regulations issued by the National Government for the latter.
article 5 of Law 3rd 1991 will read:
"Article 5O. It is understood by housing solution, the set of operations that allows a home room have satisfactory sanitary conditions of space, public services and quality of structure, or start the process to obtain them in the future.
Are actions leading to obtaining housing solutions, among others, the following:
- Construction or acquisition of housing;
- Construction or acquisition of basic housing units for progressive development;
- Acquisition of lots for self-construction programs affordable housing and VIP interest;
- Celebration of housing leasing contracts for the acquisition of family social housing;
- Celebration of lease with option to purchase social housing and housing priority interest in favor of the lessee;
- Acquisition or land development for progressive development;
- Acquisition of land for housing;
- Acquisition of materials;
- Improvement, habilitation and housing subdivision;
- Enabling legal property titles for housing.
Article 28. Article 6 of Law 3rd 1991 will read:
Article 6o. Establish the Family Housing Subsidy as a state contribution in cash or in kind, which may be applied in lots with services for development programs of self, among others, awarded only once to the beneficiary in order to facilitate access to a solution of social housing or priority of those mentioned in the article 5 of this law, non-repayable, provided the recipient meets the conditions established by this law interest.
The amount of subsidy will be determined by the Government of the resources available, the final value of the solution housing and socioeconomic conditions of the beneficiaries, whose nomination will be given preferential treatment to women heads of households of the poorest strata of the population, women workers in the informal sector and community mothers.
The resources of family housing subsidies, once awarded and transferred to beneficiaries or people that these indicate, regardless of the financial mechanism of reception, belong to these, and be subject to the standards that regulate the activity of individuals. PARAGRAPH 1.
. The beneficiaries of family housing allowance in all its forms, whose homes have been or should be affected by natural or accidental disasters, the declaration of public calamity or state of emergency, or by terrorist attacks, duly justified and filed before the competent authorities They have the right to run again, to access the family housing allowance, according to the conditions for the purpose by the national government. PARAGRAPH 2.
. Users of loans social housing or priority interest, which are heads of household who have lost their homes room following a payment in kind or by a judicial auction, will run only once, for recognition of family housing subsidy in the preceding paragraph, prior accreditation of domestic calamity or loss of employment and processed by the competent authorities. PARAGRAPH 3.
. Those who have accessed the family housing allowance referred to in paragraph 1o of this Article may apply for access to the granting of an additional subsidy, towards the improvement of urban or rural housing, equivalent to the maximum value set for each mode in accordance with the regulations issued by the national government within three (3) months after the enactment of this law.
PARÁGRAFO 4o. Households will have access to family allowance of social housing given by various participating entities of the National System of Social Interest Housing and apply concurrently to obtain a solution of social housing when the nature of them so permits.
INFORMATION SYSTEM family housing subsidy. The Ministry of Housing, City and Territory must structure a national information system offering plans housing solutions of social interest and demand for housing subsidies of social interest that will be managed by the National Housing Fund, Fonvivienda. The Ministry shall regulate the operating conditions, especially those for the type of information and public or private entities that are part of the National System of Social Housing, which should provide it.
ARTICLE 30. REGISTRATION. In order to ensure that the percentages of useful soil that are defined in the respective Macroproyecto for social housing (VIS) or priority interest (VIP) are developed with this type of housing, public deed of urbanization will identify areas for VIS / VIP by their location and boundaries as stipulated in the respective planning permission, all in accordance with the administrative act of adoption of the respective macro project, and registration is ordered at the Folio property registration of each one of the buildings.
ARTICLE 31. To be applicant and beneficiary Housing Subsidy Social and priority interest in the context of housing projects is not necessary as a requirement having a programmed savings.
ARTICLE 32. The National Government shall regulate the provisions of this law, within six (6) months following the enactment thereof.
ARTICLE 33. EFFECTIVE DATE. This law governs from its publication and repeals all provisions that are contrary.
The President of the honorable Senate, Armando Benedetti
The Secretary General of the honorable Senate,
EMILIO RAMÓN OTERO DAJUD.
The President of the honorable Chamber of Representatives,
CARLOS ALBERTO DIAZ ZULUAGA.
The Secretary General of the honorable House of Representatives,
JESUS ALFONSO RODRÍGUEZ CAMARGO.
REPUBLIC OF COLOMBIA - NATIONAL GOVERNMENT
published and enforced.
Given in Bogotá, DC, on June 30, 2011.
CALDERON JUAN MANUEL SANTOS Minister of Finance and Public Credit, Juan Carlos Echeverry
The Deputy Minister for Housing and Territorial Development, Ministry of Environment, Housing and Territorial Development, in charge of the functions of the office of the Minister of Environment, Housing and Territorial Development
SALAMANCA JULIO MIGUEL SILVA.