Key Benefits:
1537 OF 2012
(June 20)
Official Journal No. 48.467 of 20 June 2012
For which rules are dictated to facilitate and promote urban development and access to housing and other provisions are dictated.
COLOMBIA CONGRESS
DECRETA:
GENERAL PROVISIONS.
ARTICLE 1o. present law aims to identify the competencies, responsibilities and functions of the entities of national and territorial order, and the confluence of the private sector in the development of housing projects. Social interest and Housing projects of Priority Interest aimed at families of lower resources, promotion of territorial development, as well as incentivizing the specialized system of financing of housing.
This law has the following objectives:
a) Establish and regulate instruments and supports so that families with fewer resources can enjoy decent housing.
b) Define roles and responsibilities in charge of national and territorial entities.
c) Establish tools for the coordination of resources and functions of the Nation and territorial entities.
d) Define the guidelines for the confluence of the private sector in the development of the Housing of Social Interest and Housing projects of Priority Interest.
e) Establishing mechanisms to facilitate housing finance.
f) Establishing instruments for planning, promoting and financing territorial development, urban renewal, and the provision of drinking water and basic sanitation services.
g) Incorporate exemptions for legal businesses that involve Housing of Priority Interest.
ARTICLE 2o. GUIDELINES FOR THE DEVELOPMENT OF HOUSING POLICY. For the purpose of this law, public entities of national and territorial order shall:
a) Promote mechanisms to stimulate the construction of Housing of Social Interest and Housing of Priority Interest;
b) Promote to the authorities concerned, the issuance of permits, licenses and respective authorizations, streamlining procedures and procedures;
c) Establish the provision of incentives for the implementation of Housing projects of Social Interest and Housing of Priority Interest;
d) Carry out goods and/or resources to the self-employed assets constituted for the development of the Housing of Social Interest and Housing projects of Priority Interest;
e) Bring forward the actions needed to identify and enable land for the development of Housing projects of Social Interest and Housing of Priority Interest;
f) To stimulate the construction of Housing Projects of Social Interest and Housing of Priority Interest in the areas of borders, through agreements of international cooperation;
g) Promote the construction of housing that is punishable by human dignity, which seeks to safeguard the fundamental rights of the members of the family group and in particular the most vulnerable and which seeks to preserve the rights of the children, stimulating the design and execution of projects that preserve their privacy, their privacy and the free and healthy development of their personality;
h) Promote the construction of Housing of Social Interest and Housing of Priority Interest in the development of urban renewal projects;
i) Promote income-generating mechanisms for the population benefiting from the development of Social Interest Housing and Housing of Priority Interest projects.
ARTICLE 3o. COORDINATION BETWEEN THE NATIONAL AND TERRITORIAL ENTITIES. The coordination between the Nation and the Territorial Entities will refer, among others, to the following aspects:
a) The articulation and congruence of national housing policies and programs with those of departments and municipalities;
b) The provision and transfer of resources for the implementation of Housing programmes of Social Interest or priority interest;
c) The transfer of land for the development of Priority Interest Housing programs;
d) The provision of stimulus and support for the acquisition, construction and improvement of housing;
e) Technical assistance and training for territorial entities, for the programming, implementation and evaluation of housing programs;
f) The establishment of information mechanisms and studies on the needs, inventory, modalities and characteristics of housing and the population; and
g) Prioritize the construction, endowment and operation of complementary services to housing: education, health, safety, social welfare, information and communications technologies and the installation of public services, among others, according to the guidelines defined by the respective Ministries in the Housing of Social Interest and Housing projects of Priority Interest and macroprojects of national social interest;
h) For the purposes of due exercise of the powers and responsibilities of each of the levels of territorial administration related to the housing programs provided for in this law, the instruments shall be used existing contractual arrangements, including the plan referred to in Article 8or Law 1450 of 2011;
i) It is up to the national law enforcement authorities to provide the legal, regulatory and financial instruments to enable the development of housing of priority and social interest;
j) It is up to the municipal and district authorities to take the decisions that promote the management, empowerment and incorporation of urban land in their territories that allow the development of priority housing plans and social, and will guarantee the access of these developments to public services, in harmony with the provisions of Law 388 of 1997 and Law 142 of 1994 in the corresponding.
ARTICLE 4. DEPARTMENTAL CO-RESPONSIBILITY. The departments in attention to the co-responsibility that demand the advancement of priority housing projects and programs, especially in compliance with their competence to plan and promote development local, to coordinate and complement the municipal action and to serve as intermediaries between the Nation and the municipalities, must in the exclusive field of their competences and according to their respective jurisdiction:
1. To advance the functions of the department's intermediation in the relations between the Nation and the municipalities.
2. To exercise the direction and coordination of the Governor, the services and programs of Housing of Priority Interest in the territory.
3. Promote the integration, coordination and coordination of national and territorial development plans and programs in priority housing programs and projects.
4. Promote the integration of districts and municipalities, or the latter, for the organization and management of priority housing programs.
5. Carry out the technical support of the municipalities for the formulation of priority housing plans, programs and projects.
EFFECTIVE ACCESS TO HOUSING OF PRIORITY INTEREST.
ARTICLE 5o. DISTRIBUTION OF RESOURCES FOR HOUSING PROJECTS OF PRIORITY INTEREST. The Ministry of Housing, City and Territory will define by resolution, the criteria for the distribution of the resources of the general budget of the Nation assigned to the National Housing Fund (Fonhousing) or the entity that does its own times, so that it applies them.
The distribution of resources will include a minimum percentage of 20% for the municipalities of categories 4, 5 and 6. However, if once the inventory of pregod presented for the realization of Housing projects of Priority Interest in these territorial entities has been formed, within the period that for the effect the National Fund of Housing will fix, it is not (i) the possibility of committing the resources allocated, partially or wholly, to the resources of the other municipalities of the country, in accordance with the allocation made by the Fund itself.
ARTICLE 6o. FINANCING AND DEVELOPMENT FOR HOUSING PROJECTS OF PRIORITY INTEREST. The resources referred to in the previous article may be transferred directly to the self-employed assets that constitute Fondhousing, Findeter, the public of a territorial character or entity determined by the National Government.
For the constitution of autonomous assets, the Director or Legal Representative of the respective entity shall directly conclude contracts of commercial trust in which the central and decentralized entities of the level of services of the national and territorial, or any natural or legal person, may be provided with goods or resources, free of charge. Both the selection of the trustee, and the conclusion of contracts for the constitution of the autonomous assets and the execution and liquidation of the projects by the aforementioned assets, will be governed exclusively by the rules of the private law.
The transfers of resources from Fonhousing, or of the entity that will do its times, to the autonomous assets will be held as a mechanism for the implementation of the General Budget of the Nation.
The autonomous assets whose constitution is authorized in this law may in turn hire commercial fiducias for the administration of the resources applicable to the projects of housing construction of priority Social Interest, which may provide fideicomid assets.
The self-employed assets that are constituted, in accordance with this article, will be able to advance processes of convocation and selection of the builders interested in developing the housing projects and/or for the acquisition of Housing of Priority Interest. Such processes are governed by private law. The conditions and criteria for the convening, evaluation and selection of the proposals for the development of the projects, as well as the monitoring and control activities of the projects, will be defined by the Ministry of Housing, City and Territory.
In charge of the resources administered by the autonomous assets, these will assume the costs incurred for the management and control of the resources, the operating expenses, and any other contracts that are required for the structuring, development and implementation of schemes provided for in this law. Similarly, with the resources administered, the self-employed assets will be able to assume the payment of the taxes that will fall on the property, up to the moment of their delivery to the beneficiaries of the Family Allowance of Housing, and the taxes that generate the transfer of the real estate to the self-employed assets and to the beneficiaries of the Family Housing Allowance.
In the call for the development of Priority Interest Housing projects, the following requirements must be required at least:
1. Having specific experience of at least five (5) years in the implementation of housing projects.
2. That in the last five years the legal person and his legal representative would not have been punished for contractual non-compliance related to the construction.
PARAGRAFO 1o. The faculties that confer on you to the National Housing Fund-Fonhousing, the Decree-Law 555 of 2003 and Law 1469 of 2011, in so far as it is not contrary to this law, they shall be in full force.
PARAGRAFO 2o. Obligations to lay down the rules in force on the guarantees relating to the work shall be understood as obligations under the responsibility of the builders and not of the self-employed assets which are constituted for the development of Housing projects of Priority Interest, by the entities referred to in this article; aspect that will be clearly established in the contracts to be carried out with the builder.
PARAGRAFO 3o. The housing policy of this law is sequential and continuous. It will be developed by successive programmes in time. Each programme shall consist of the supply of a quantity of subsidies in kind. The following programs will be formulated in accordance with the budgetary availability and appropriations of the housing sector. Future vigencies that are set up to support the programmes will take into account such availability and their consistency with the Medium Term Fiscal Framework and the Medium Term Expenditure Framework.
PARAGRAFO 4o. The conditions and criteria for the call, evaluation and selection of the proposals for the development of the projects, which will define the Ministry of Housing, City and Territory, within the framework of this law, must observe the principles of transparency, economy, equality, publicity and in particular the objective selection, defined by the Constitution and the law, in addition will apply the regime of inabilities and incompatibilities legally provided for.
PARAGRAFO 5o. 229 of Act 1753 of 2015. The new text is as follows: > In the call for the development of housing projects of priority interest in areas or departments of difficult access, at least two and a half years will be required (2.5) as a specific experience in implementing housing projects.
ARTICLE 7o. ACQUISITION OF NEW HOUSING PROJECTS. The developers and/or builders, and the Family Compensation Boxes will be able to offer to the autonomous heritages that this law deals with housing projects of new priority interest, whether it be they are built, under construction, or have the respective planning licenses, and as long as they comply with the price and quality requirements to be determined in the calls made for their purchase.
Equally, self-employed assets may directly acquire housing projects promoted, managed or built by territorial entities or their centralised or decentralised entities, when they provide a percentage of their value, which may be provided for a subsidy.
ARTICLE 8o. ADMINISTRATION OF THE RESOURCES OF THE SUBSIDY. The beneficiaries of the subsidies allocated by the National Government and those that allocate the territorial entities, before the entry into force of this law, provided that they comply with the requirements for prioritization and targeting established by the National Government, may authorize its disbursement to any autonomous assets that are constituted by Fontenhousing, Findeter, the respective territorial entity or the entity that determine the National Government, in order to promote and/or develop projects to provide solutions of housing of priority interest, without such disbursement being granted to them by the quality of their families. In any case, the beneficiary shall have prior authorisation from the granting entity for the disbursement.
The resources corresponding to family housing subsidies that are the object of resignation by the beneficiary, that are sold, or that correspond to those recovered through administrative actions, may be transferred directly, in whole or in part, by the entity holding them, to the self-employed assets referred to in this Article. The above, regardless of the budgetary validity in which the subsidies have been allocated.
All resources transferred to the self-employed, constituted for the development of housing projects, and the financial returns that they generate, will be used for the development of these projects.
Any natural or legal person, public or private or international cooperation agency, may directly transfer assets or transfer resources to the self-employed assets that are in the development of this law, free of charge without requiring the innuendo requirement.
The resources for housing care, foreseen under Law 1448 of 2011, will be able to be part of the autonomous assets that are constituted according to this article, as long as they are to grant additional displaced population housing subsidies to those it would grant according to the distribution rule that the National Government will regulate in accordance with this law.
PARAGRAFO 1o. In the event that the grant entity makes the decision not to extend the duration of the allowance, prior to its expiration, a notification process must be provided to the beneficiaries. with the provisions of the Administrative Code and in the regulations that the National Housing Fund will issue for the purpose.
PARAGRAFO 2o. 230 of Act 1753 of 2015. The new text is as follows: > The autonomous assets constituted in accordance with this law, may acquire directly the houses executed in projects promoted, managed or constructed by the territorial entities, in (i) the right to be assigned to a household of such organizations, in order to be assigned to a household of such organizations, under the conditions of targeting in poor population, as defined in the the regulation. Additionally, it will be required that the territorial entities that promote, manage or build the projects, contribute a percentage of the value of the dwellings, which can be contributed to the title of subsidy in the terms and conditions that define the national government.
The Administrative Department for Social Prosperity will identify if the households of the OPVs are potential beneficiaries of the Family Housing Allowance in Species and will proceed to their selection, prior to the application process. National Housing Fund (Fondhousing), which will verify that the households meet the conditions for access to the subsidy. The above, according to the regulations issued by the National Government.
ARTICLE 9o. beneficiaries of the Priority Interest Housing projects referred to in this Chapter shall constitute the property of the Family Allowance of Housing in kind, a property the family is not liable for the value of the property in the terms of Articles 60 of Law 9 of 1989 and 38 of Law 3 of 1991.
Notaries and/or registrars of public instruments that permit the disposal of a Housing of Priority Interest without knowing the patrimony of the unembargable family mentioned in this article, will incur a cause of misconduct.
ARTICLE 10. TRANSFER, DELIVERY AND LEGALISATION OF DWELLINGS. It is for the Ministry of Housing, City and Territory, as far as the urban sector is concerned, and the Ministry of Agriculture and Rural Development, as far as the rural sector is concerned, define the conditions for the transfer and/or delivery and/or legalisation of the subsidy in kind to the beneficiary households, after the completion of the Priority Interest Housing projects.
ARTICLE 11. PRIORITIZATION OF RESOURCES FOR SOCIAL INFRASTRUCTURE AND HOME PUBLIC SERVICES IN HOUSING PROJECTS. The Ministries of National Education, Health and Social Protection, Housing, City and Territory in the issues of Drinking Water Basic Sanitation, Mines and Energy, the Environment and Sustainable Development, the Information and Communications Technologies and the others defined by the National Government, or their equivalents at the departmental, municipal or district level, will prioritize within the respective investment budgets, according to the criteria defined by the respective Ministries, the resources for the construction and provision of collective public equipment and the infrastructure of public services for the Housing of Social Interest and priority projects carry out with the financing or co-financing of the National Government, and the integrated urban operations adopted by the National Government, according to the guidelines established by the Ministry of Housing, City and Territory.
The resources referred to in this article may be transferred to the self-employed assets that Fondhousing, Findeter, or the entity established by the National Government, constitute for the purpose.
PARAGRAFO 1o. The above forecast shall be met without prejudice to the obligations established by the urbanizer in the respective territorial planning plans or the instruments that develop it and complement.
PARAGRAFO 2o. Regional Autonomous Corporations with the resources of the collection of remuneration fees will have to prioritize and finance the investments required for the management of the projects which are covered by this law. This infrastructure must be delivered as a condition to the public sewerage service provider.
ARTICLE 12. SUBSIDY IN KIND FOR VULNERABLE POPULATION. Housing resulting from projects financed with the resources to grant family housing subsidies by the National Government, as well as the intended and/or provided for this purpose by the territorial entities including their Soil or Real Estate banks, they may be assigned in kind as a subsidy in kind to the beneficiaries who meet the requirements of prioritization and focalization that the National Government through the Administrative Department for Social Prosperity.
Without prejudice to the foregoing, the allocation of the dwellings referred to in this Article shall be of preferential benefit to the population in any of the following conditions: (a) which is linked to programmes (a) the State which is intended to overcome extreme poverty or which is within the range of extreme poverty, (b) which is in a position of displacement, (c) which has been affected by natural disasters, public calamities or emergencies and/or d) that is inhabited in areas of high risk that are not mitigated. Within the population under these conditions, priority will be given to women and men in the household, people in the disability situation and older adults.
Territorial entities that provide or transfer resources or premises, as provided for in this Article, may participate in the autonomous trust or patrimony that is constituted.
PARAGRAFO 1o. The National Government will revoke the allocation of the Family Housing Allowance referred to in this article and will restore its ownership, when the beneficiaries fail to meet the conditions of the programs. (a) the national government or the regulation which it issues in relation to the responsibilities of the beneficiaries, and in accordance with the procedure laid down therein.
PARAGRAFO 2o. In any case, the value of the housing awarded for a subsidy in kind may exceed the value of the subsidy that has been allocated in money before the entry into force of this law, when the is contributed to the assets by its beneficiaries.
PARAGRAFO 3o.
PARAGRAFO 4o. The Administrative Department for Social Prosperity will draw up the list of potentially eligible individuals and families in each Municipality and District according to the targeted targeting criteria. in the programs of overcoming extreme poverty and poverty, or the other programs that are defined by the National Government. Based on this list, the beneficiaries of the 100% Housing Family Allowance program will be selected with the participation of the Administrative Department for Social Prosperity, the mayors and the Ministry of Housing, City and Territory through the National Housing Fund, in the municipalities and districts where the priority Social Interest Housing projects are advanced.
Trying to identify homes located in areas of high risk that are not mitigated, municipal and district mayors will deliver the list to the Administrative Department for Social Prosperity and the National Housing Fund. of potentially beneficiary households, taking into account, inter alia, the provisions of Article 5 of Law 2 of 1991 amending Article 56 of Law 9 of 1989.
PARAGRAFO 5o. When applications for applications, which meet the allocation requirements for the family allowance program 100% housing in kind exceed the housing solutions to be delivered in Priority Interest Housing projects to be carried out in the municipality or district, the Administrative Department for Social Prosperity will draw up a drawing to define the applicants eligible for the family allowance 100% housing in species, in accordance with the prioritisation criteria set out in the present law, where there are no other qualification criteria, to settle the tie.
ARTICLE 13. The Administrative Department for Social Prosperity, in the definition of the list of potential beneficiaries of the subsidy, will take into account criteria of prioritization for the Populations Afro-Colombian and Indigenous people can access the housing projects that are carried out in accordance with the provisions of this law.
PARAGRAFO. The targeting criteria will be applied according to the records with which the competent authority counts.
ARTICLE 14. In the Departments of Amazonas, Guainia, San Andrés, Providencia and Santa Catalina, Putumayo, Choco, Vaupes and Vichada, the Housing of Priority Interest may exceed the value of 70 smlmv, taking into account the costs of the building materials and the transport of the same, in accordance with the regulations and after approval of the Ministry of Housing, City and Territory.
ARTICLE 15. SOCIAL ACCOMPANIMENT IN HOUSING PROJECTS OF PRIORITY INTEREST. The National Government in the head of the Administrative Department for Social Prosperity or the entity that does its times, will coordinate with public or private entities The social perspective requires the projects of Housing of Priority Interest in aspects related to issues of coexistence and the care of the private units and the common areas.
Assistance and support work should also be carried out by the departments, in particular for the municipalities of 4a, 5a and 6a category, and in any case with priority when it is the same municipalities that advance programs. of family housing subsidies in kind.
ARTICLE 16. CATEGORY SISBEN OF THE BENEFICIARIES OF THE FAMILY HOUSING ALLOWANCE. The beneficiaries of the family housing allowances granted by the National Government shall maintain the values of the habitability variables obtained from the survey of the Potential Beneficiaries of Social Programs (Sisben) Identification System that had at the time of the allowance allocation, during the ten (10) years following the registration of the housing acquisition in the Office of the Registry of Public Instruments.
ARTICLE 17. SOCIO-ECONOMIC STRATUM OF PROJECTS FINANCED BY THE NATIONAL GOVERNMENT. In order to promote high quality urban development and housing sustainability with respect to urban planning and the provision of services, they will be considered as Socio-economic stratum one of the primary interest houses during the ten (10) years following the registration of the acquisition of the dwelling in the Office of the Register of Public Instruments. Once the deadline has been passed, the stratum will be updated according to the current regulations.
In the case of victims of forced displacement, the permanence of their housing in socioeconomic stratum 1 will last until the end of their comprehensive repair.
ARTICLE 18. Add a paragraph to Article 6o of Law 3 of 1991, as amended by article 28 of Law 1469 of 2011, which will remain so:
"Paragraph 5o. The beneficiaries of the Family Housing Allowance in the lease will have the right to apply again for access to the Family Housing Allowance, in the form of acquisition, construction or improvement, of agreement with the regulation to establish the national government for the effect ".
ARTICLE 19. THE NATION ' S GUARANTEE FOR THE FINANCING OF HOUSING PROJECTS OF SOCIAL INTEREST <AND/OR PRIORITY>. 92 of Law 1753 of 2015. The new text is as follows: > Autoricese a la Nación-Ministerio de Hacienda y Crédito Público, to ensure internal or external public credit operations, operations assimilated or related to them, that celebrates the Development Finance Territorial (Findeter) to finance housing projects of social interest and/or priority, in the terms of the current regulations.
For the purposes of this law, Findeter may grant credit to the self-employed assets in which Fonvivienda is a trustee, and which are constituted for the execution of housing projects of social interest and/or priority.
ARTICLE 20. GUARANTEE SCHEME. The contracts which under this law will underwrite the autonomous assets with the builders selected for the execution of the projects, will be fully regulated by private law and their rights. They may be pledged as a guarantee in favour of the credit institutions which finance the projects. The contract shall establish the manner in which the credit establishment shall make the guarantee effective and the possibility that it may, by itself or through third parties, conclude the project financed, in the event of non-compliance with the manufacturer. The commitment of the resources for the implementation of the contractual obligations shall be maintained for the purpose in each of the projects.
The self-employed assets that are constituted may serve as a guarantee and a source of payment for the credit operations that the said builder obtains from any credit facility, to finance the execution of the project that has been awarded. For this purpose, the selected builder may request the issuance of certificates of fiduciary rights as eligible collateral in favor of the credit establishment that funds the project. In no case shall the guarantee of the fiduciary rights entitle the establishment of credit to obtain any real right on the fideicomite properties for the respective project. The guarantee shall consist of the right of the establishment of credit to enable, in the event of a failure of the builder, to assume and conclude directly or through third parties, the project financed, in accordance with the conditions laid down by the National Government.
PARAGRAFO. For all legal and regulatory purposes the guarantees in this article will constitute eligible collateral for the builder credits that are granted to finance construction projects Housing of Priority Interest, which will be understood with the same effects of the mortgage guarantee. As a result, the guarantee constituted will make the times of the guarantee that it treats the number 4 of article 17 of the Law 546 of 1999. The same effect will have the assignment of the contract to an autonomous patrimony to serve as a source of payment for the aforementioned credits.
HOUSING FAMILY ALLOWANCE APPLICATION.
ARTICLE 21. Article 8o of the 3th Act of 1991 will thus remain:
Article 8o. Housing Family Allowance Causals. The Family Housing Allowance will be restitutable to the State when the beneficiaries transfer any real rights to the housing or cease to reside in it before ten (10) years have elapsed since the date of its transfer, without providing specific permission based on force majeure defined by the regulation.
The allowance will also be refunded if it is found that there was falsehood or imprecision in the documents submitted to prove the requirements for the allowance or when they are found to have been convicted. offences committed against minors, in accordance with the certification of the competent authority. The National Government will regulate this matter. Under no circumstances will minor children lose the benefits of the housing allowance and keep them through the person who represents them.
The transfer ban referred to in this Article shall be entered in the corresponding real estate registration portfolio by the Office of the Registry of Public Instruments.
Once the deadline set in this article has expired, the entities granting the Family Housing Allowance will have a right of preference for the purchase of the real estate in the event in which the owner decides to sell his dwelling. The owners must therefore offer them in the first place to the aforementioned entities, for once, whose representatives will have three (3) months from the date of receipt of the offer to show whether they decide to do so. cash, and an additional six (6) months to perfect the transaction. The conditions for the acquisition of the dwelling, the methodology to define its purchase value, and the definition of the entity that will be able to acquire the dwelling in the case in which several grants will be awarded, will be defined by Regulation by the National Government.
Housing acquired under this right will be awarded to other households that meet the conditions to be beneficiaries of the Family Housing Allowance.
PARAGRAFO 1o. The transfer ban and the right of preference in this article will be entered in the corresponding real estate registration portfolio by the Office of the Registry of Public Instruments.
PARAGRAFO 2o. The household that is found to have received the benefit of the Household Family Allowance fraudulently or using false documents, will be investigated for the crime of Fraud in Grants, pursuant to Article 403A of Act 599 of 2000.
ARTICLE 22. SANTIONS. The directors or legal representatives of the granting entities of family housing subsidies shall have the power to investigate and punish the builders, auditors, auditors and/or supervisors of housing projects. of Social Interest, legal persons and/or natural persons, who incur non-compliance with the execution of housing projects, in accordance with the procedure established by the National Government.
The sanction of this article will be the impossibility of participation for ten (10) years in Social Interest Housing projects that link the resources allocated by the granting entities to family housing subsidies.
The granting entities will include in the information system of the Family Allowance of Housing the information of the natural and/or legal persons sanctioned, in order to avoid their linkage in new projects of Housing of Social Interest. They shall also forward such information to the Chambers of Commerce for inclusion in the Single Register of Proposers.
PARAGRAFO. Those builders, controllers, auditors and/or supervisors, natural persons and/or legal persons, who have been subject to administrative measures of non-compliance by the granting entities of subsidies, which are firm, will not be able to participate for a period of ten (10) years from the issuance of this law in Housing projects of Social Interest that link the resources allocated by the granting entities family housing allowances.
ARTICLE 23. REPLACEMENT OF HOUSEHOLDS IN HOUSING PROJECTS. When the Family Housing Allowance is not legalised, it is linked to a housing project and the beneficiary resigns, or is revoked, may be given to a new home which comply with the conditions of access to it, by administrative act issued by the granting entity, without making the return of the resources to the National Treasury.
ARTICLE 24. LEGALIZATION OF FAMILY HOUSING SUBSIDIES. Family allowances for housing allocated by the National Government or Family Compensation Banks that were not legalized during their lifetime may be subject to this procedure. with the requirements outlined in the current regulations and the one for the purposes of the Ministry of Housing, City and Territory.
ARTICLE 25. The National Housing Fund or the entity that does its time may, by virtue of the administrative processes of non-compliance, allocate resources from the Family Housing Allowance to conclude the housing solutions financed initially with resources of family housing subsidies of Fondhousing, previous diagnosis of its execution and determining the builder that will perform the completion of the same. The above, without prejudice to the processes of the application of policies and guarantees granted for the proper application of the resources of the Family Allowance of Housing.
ARTICLE 26. FAMILY HOUSING ALLOWANCE TO COMMUNITY MOTHERS. Family compensation boxes shall prioritize the allocation of family housing allowances to their affiliated households whose principal member is a Community mother linked to the family. Community welfare, Family and Surrogate Mothers programs, in accordance with the certifications that the Colombian Institute of Family Welfare will issue for the purpose.
To access the process of the application and allocation of family housing allowances referred to in this article, in the modalities of acquisition of new or used housing, construction on its own site or improvement of housing, households must have the requirements outlined in the regulations issued by the National Government.
RURAL HOUSING.
ARTICLE 27. IMPLEMENTATION OF THE HOUSING POLICY OF SOCIAL INTEREST AND RURAL PRIORITY. The Ministry of Agriculture and Rural Development will implement the formulation of the rural social interest housing policy, and will define in accordance with the recommendations of the the Inter-sectoral Housing Commission of Rural Social Interest, the conditions for the allowance allocation.
ARTICLE 28. EFFECTIVE ACCESS TO HOUSING OF SOCIAL INTEREST AND RURAL PRIORITY. Housing in the rural sector, may be allocated in kind as a subsidy in kind, by the granting entity of the Rural Social Interest Housing subsidies, to the households who are in a position of travel; that their premises have been restored by competent authority; that they are beneficiaries of the training and certification programmes of rural premises developed by the Ministry of Agriculture; and Rural Development; or belonging to indigenous or Afro-descendant communities, duly recognised by competent authority. In any event, the implementation of the resources in question shall be carried out as a priority in the municipalities of categories 4, 5 and 6. The National Government shall regulate the targeting requirements in accordance with the provisions of this Article.
ARTICLE 29. OPERATION OF HOUSING PROJECTS OF PRIORITY INTEREST OF THE RURAL SECTOR. The Ministry of Agriculture and Rural Development will implement the Housing projects of priority Social Interest, through the operating entities contracted by the Banco Agrario de Colombia, in its condition as a grant entity.
PARAGRAFO 1o. In the Rural Priority Social Interest Housing programs, the preferential access of women heads of families, victims of armed conflict, will be guaranteed.
PARAGRAFO 2o. 99 of Act 1753 of 2015. The new text is as follows: > For scattered housing located in rural areas with individual basic sanitation solutions for the management of their defined domestic wastewater, such as septic systems and its design with the parameters defined in the technical regulation of the sector of drinking water and basic sanitation, will not require the obtaining of the permission of the vertigo.
The provisions of this paragraph shall also apply to projects which the Adaptation Fund develops in the exercise of its powers.
ARTICLE 30. ATTENTION AND CORRESPONDENCE TO THE MAGNITUDE OF THE HOUSING DEFICIT. The Ministry of Agriculture and Rural Development through the Agrarian Bank of Colombia as a grant entity for the subsidy will serve new housing programs, construction on site own and improvement of housing, according to quantitative and qualitative deficits, identified by the DANE, in each of the regions of the country.
ARTICLE 31. RESOURCES FOR HOUSING OF RURAL PRIORITY INTEREST. The National Government, under the coordination of the Ministry of Agriculture and Rural Development, will advance the necessary actions to promote the achievement of resources for the implementation of the Housing policy of social interest and rural priority.
For the financing of the Rural Housing of Interest (VIS) and Housing of Priority Interest (VIP) rural, with the resources referred to in this article, the grant institution of the Family Allowance of Rural Housing will be able to use the same Mechanisms established in this law for the financing of Housing of Social Interest (VIS) and Housing of Priority Interest (VIP) Urban.
ARTICLE 32. Article 4or Act 1415 of 2010 will thus remain:
"Article 4or. The value of the Family Housing Allowance (SFVR) for the population affected by natural disasters, public calamity or emergencies. The amount of the Family Housing Allowance for family groups affected by natural disaster, public calamity or emergency situations, in the form of construction on its own site, acquisition of new or used housing and improvement of the housing at the site of the disaster, will be established based on the socioeconomic conditions, by the regulation that the National Government will issue ".
ELIMINATION OF PAPERWORK AND COSTS FOR THE CELEBRATION AND REGISTRATION OF LEGAL BUSINESSES.
ARTICLE 33. EXEMPTION FROM PAYMENT OF NOTARIAL RIGHTS. 108 of Law 1687 of 2013. The new text is as follows: > No notarial rights shall be caused for any of the parties, irrespective of their legal nature, in the legal business described below, where the dwellings concerned have been developed with the financing or co-financing of family housing subsidies granted by the entities empowered by law for the purpose: (a) a horizontal property constitution, where all the property of a particular domain that makes up the building or assembly is a priority housing; b) Acquisition of new priority housing, including housing leasing new priority housing, where the option to purchase is exercised; (c) Acquisition of used priority housing, including the residential housing lease of priority interest used, when the option of purchase is exercised; events in which the acquirer is in any of the conditions to which it relates Article 12 of Law 1537 of 2012; d) New priority housing mortgage constitution new; e) Housing mortgage constitution of priority interest used, in events in which the The acquirer is in any of the conditions referred to in Article 12 of Law 1537 of 2012; f) Affecting to family housing and/or the establishment of a family property of housing of interest New priority; g) Affecting to family housing and/or setting up of family assets housing of priority interest used, in events where the person who performs the affectation or constitutes the family patrimony, is in any of the conditions referred to in article 12 of Law 1537 of 2012.
The National Government will regulate the way in which the interested parties will prove that they are in any of the conditions referred to in Article 12 of Law 1537 of 2012, when it is the case and the others. the conditions to be met by those interested in accessing the exemptions provided for in this Article, which must be credited to the relevant notary.
For the purposes of the application of this Article, the definition of housing of priority interest shall be established in the current rules.
ARTICLE 34. EXEMPTION FROM REGISTRATION FEES. 109 of Law 1687 of 2013. The new text is as follows: > No registral rights shall be caused for any of the parties irrespective of their legal nature, in the legal business described below, when the dwellings they object to have been developed with the financing or co-financing of family housing subsidies granted by the entities empowered by law for the purpose:
a) Constitution of horizontal ownership, when all the property of particular domain that forms the building or assembly are houses of priority interest;
(b) Acquisition of new priority housing of interest, including the housing housing lease of new priority interest, when the purchase option is exercised;
c) Acquisition of used priority housing, including the housing housing lease of priority interest used, when the purchase option is exercised, in events where the acquirer is in any of the conditions referred to in Article 12 of Law 1537 of 2012;
d) New priority housing mortgage constitution;
e) A mortgage constitution for used priority housing, at events where the acquirer is in any of the conditions referred to in Article 12 of Law 1537 of 2012;
f) Affecting to family housing and/or setting up new priority housing family assets;
g) Affecting to family housing and/or constitution of family heritage of priority housing of interest used, in events in which the person who performs the affectation or constitutes the family patrimony, is in one of the conditions referred to in Article 12 of Law 1537 of 2012.
The National Government will regulate the way in which interested parties will prove that they are in any of the conditions referred to in Article 12 of Law 1537 of 2012, where applicable, and the other the conditions to be met by those interested in accessing the exemptions provided for in this Article, which shall be accredited to the Office of the Register of Public Instruments concerned.
For the purposes of applying this Article, the definition of housing of priority interest as set out in the existing rules shall be laid down.
PARAGRAFO. The mortgage charges, resolutive conditions, compacts and/or any other limitation to the domain that falls on the property awarded, transferred, transferred, transferred or assigned by the The defunct Institute of Territorial Credit and/or the Special Administrative Unit liquidating the Territorial Credit Institute (UAE-ICT), and/or the National Institute of Housing of Social Interest and Urban Reform (Inurbe) will be cancelled. with the presentation of the administrative act issued by the competent authority, to order such cancellation, in front of the respective Office of the Registry of Public Instruments, without it generating registration fees.
ARTICLE 35. REGISTRATION OF THE TRANSFER OF TAX ASSETS. The administrative acts of transfer or transfer to other public entities or private individuals, in the development of programs or housing projects of Social Interest, free of charge. cause registration rights.
INCENTIVES AND EXEMPTIONS FOR HOUSING.
ARTICLE 36. HOUSING FINANCE WITH ALLOWANCE ALLOCATION. When the family housing allowance to be allocated to the beneficiaries is intended for the execution of housing lease, lease with option to purchase or any other a mechanism to be defined by the National Government and which involves the partial payment of the housing, the allocation of the house may be made temporarily, conditioning the transfer of its ownership to the fulfilment of the contractual obligations or those defined in the regulation that is issued for the purpose.
PARAGRAFO. The resources to be executed in accordance with the mechanism set out in Chapter II of this Law, for the purpose of granting housing on a basis of subsidy in kind, shall not be allocated for financing to the reference to this Article.
ARTICLE 37. SAVINGS OPTION THROUGH HOUSING LEASING AND/OR LEASE WITH OPTION TO PURCHASE. The capital component of the periodic fees for housing lease and/or lease contracts with an option to purchase, may be administered by the financial institutions authorized to award such contracts as long-term savings in favour of the locators for the purchase of the dwelling. The Ministry of Finance and Public Credit shall regulate the long-term savings within 3 months of the issuance of this law, without prejudice to the systems in force for the development of such contracts.
PARAGRAFO 1o. Housing leasing contracts for Housing of Social Interest, priority interest and urban renewal may be given to instruments managing instruments such as collective portfolios and/or autonomous assets, the latter in order to issue securities securities on the stock market. This cession improves the transfer of the property, the guarantees and insurance that support the contract of housing leasing. Such cession shall not produce novation effects and does not require the acceptance of the locatary.
PARAGRAFO 2o. The National Government must regulate within 12 months of the validity of this law, the conditions under which the use of the lease with option will be guaranteed purchase in favour of the lessee in accordance with the provisions of Articles 24 and 26 of Law 1469 of 2011. In any case, this figure will be used as an effective mechanism so that the sectors of scarce resources can acquire ownership of the property.
ARTICLE 38. Article 24 of Law 546 of 1999, will remain so:
" 24. Mortgage Credit Transfer. At any time, the individual home mortgage loans and their guarantees may be transferred, at the request of the debtor, to another financial institution or to any of the entities referred to in the paragraph of the article. 1or this law.
For this purpose, the entities referred to in Article 1or this law or the securitization companies or trust companies, as the case may be, shall authorize, within a period not exceeding ten (10) working days, the transfer of the credit and its guarantees, once the debtor delivers the binding offer of the new creditor. The financial superintendence will regulate the conditions for legalisation of disposals.
Such a transfer shall be understood to be exclusively refined with the transfer of the title representative of the corresponding obligation and shall have the effects provided for by Article 1964 of the Civil Code. In any case of a mortgage guarantee in accordance with the provisions of this Article, it shall support the credit paid by the new creditor for the payment of the transfer.
The assignment of credits will not generate notarial rights, registrals and stamp taxes. "
ARTICLE 39. Add a numeral to article 879 of the Tax Statute, as follows:
"22. The transactions that are made with the family allowance resources allocated by the National Government or the Family Compensation Boxes, regardless of the financial mechanism of receipt, as well as the transactions that of these mechanisms are made to the offerors, and the transactions that are carried out in the framework of the planned fiduciary scheme for the development of projects of Housing of the priority Social Interest ".
ARTICLE 40. Paragraph 2o of article 850 of the Tax Statute, will be as follows:
"Paragraph 2o. They will be entitled to the return or compensation of the Value Added Tax, VAT, paid in the acquisition of materials for the construction of Housing of Social Interest and priority, for strata 1, 2 and 3, the builders that develop.
The return or compensation shall be made in a proportion to four percent (4%) of the value recorded in the sales deeds of the new property as acquired by its purchaser or end user, the value of which does not exceed the maximum value of the Housing of Social Interest, in accordance with the rules in force. The National Government shall regulate the conditions of the return or compensation referred to in this Article.
The DIAN will be able to request in the cases it deems necessary, the supports that demonstrate the payment of the VAT in the construction of the dwellings ".
TRANSFERRING, TITRATION AND SANITIZING OF BUILDINGS.
ARTICLE 41. TRANSFER OF BUILDINGS FOR VIS. Public entities of the national and territorial order that do part of any of the Public Power Ramas, the real estate banks, as well as the autonomous and independent bodies, will be able to transfer to Free title to Fonvivienda, to the self-employed assets which it is, Findeter, or the entities established by the National Government, constitute, or to public entities that develop programs of Housing of Social Interest of a territorial character, departmental, municipal or district, property tax real estate, or portion of them, which may be destined for the construction or development of projects of Housing of Social Interest, according to the provisions of the Territorial Planning Plans and the instruments that complement or develop it.
PARAGRAFO 1o. The legal representative or who does his or her times and the board of directors of the respective public entity may in development of their administrative and financial autonomy dispose of the buildings destined for the projects which have been archived, declared non-viable and/or suspended indefinitely, and are put into payment, giving them up, making them subject to payment, taxing them or exercising any other activity resulting from the right of domain.
PARAGRAFO 2o. The National Directorate of Narcotic Drugs in Suppression, Central de Inversiones S.A. (CISA S.A.), and all other entities that are in charge of the administration of public asset programs of the State, will supply the Ministry of Housing, City and Territory and the Ministry of Agriculture and Rural Development, a list of In the case of the construction of housing projects of Social Interest, it is possible to be linked immediately to the implementation of projects for the construction of Housing of Social Interest. The immovable property may be transferred to the public entities referred to in this Article or to the self-employed assets which are set up for the development of Housing projects of Priority Interest, where the request.
ARTICLE 42. " IMPRESSIONCIBILITY OF FISCAL GOODS. The Fiscal Property of the Property of the Public Entities, may not be acquired by way of an ordinary or extraordinary acquisition, nor will it prosper by way of action or exception to any Judge of the Republic.
ARTICLE 43. TRANSFER Acts. All legal businesses involving family housing subsidy resources granted by the National Government, involving the transfer of real rights, by a public entity, and the disposals (a) for the purpose of this Regulation, the Commission shall, in accordance with Article 1 (2) of Regulation (EEC), of the European Parliament and of the Council of the European Parliament and of the Council of the European Communities, registered with the Office of the Registry of Public Instruments. The same instrument shall constitute the assets of the non-embargoable family referred to in Article 9or of this Law.
In any event, any act of provision of the real right of ownership of property of the Public Entities, may be carried out through administrative act, without prejudice to the minutes of material delivery and receipt of the buildings.
ARTICLE 44. PROCEDURE FOR THE DISTRIBUTION OF ACTS INVOLVING THE NATIONAL SAVINGS FUND AND TERRITORIAL ENTITIES. 36 of Law 1796 of 2016 >
For the same purposes, the aforementioned Superintendence will establish a special distribution procedure for cases in which the territorial entities appear in the celebration of public writings involving the constitution of property. horizontal, acquisition or transfer of buildings defined as Housing of Social Interest and priority.
