Key Benefits:
ACT 1796
(July 13)
Official Journal No. 49.933 of July 13, 2016
CONGRESS OF THE REPUBLIC
By establishing measures aimed at protecting the housing buyer, increasing the security of buildings and strengthening the civil service that urban curators exercise, they are assigned a number of functions to the Notary and Registration Superintendence and other provisions are dictated.
COLOMBIA CONGRESS
DECRETA:
GENERAL PROVISIONS.
ARTICLE 1o. OBJECT. Generate measures aimed at protecting the housing buyer, increasing the safety of buildings, strengthening the civil service exercised by urban curators and establishing other functions for the Notarized and Record Superintendence.
ARTICLE 2o. DEFINITIONS. For the purposes of this law, the following definitions shall be taken into account:
1. Builder: Builder the professional, natural or legal person, under whose responsibility the construction of new dwelling is advanced and who is listed as a responsible builder in the building license.
2. Housing: It is understood that it is new housing, who holds the property of the property according to titles of property and intends to move the housing units for the first time.
When autonomous assets or legal persons are established to be linked to the development of the housing project, provision should be made for the corresponding fiduciary contracts or social statutes, which is responsible for the obligations of the enajeor during the period in which the patrimonial protection is to be covered. Those who omit this obligation shall be jointly and severally liable for the protection of this law.
3. New Housing: This building allows units to be developed for housing use and whose resulting units are transferred during the period of coverage of the patrimonial protection covered by this law; approved by building license in new work and reconstruction modes.
4. Structurally independent unit: A set of structural elements that are assembled to support the gravitational loads and horizontal forces that are generated in an individual or architecturally independent building, transfer to the foundation floor.
REVIEW OF DESIGNS AND TECHNICAL MONITORING OF BUILDINGS.
ARTICLE 3o. Amend the paragraph of article 15 of Law 400 of 1997, which will remain so:
PARAGRAFO. The revision of the structural designs of the buildings whose predium or prediums allow to exceed more than two thousand (2,000) square meters of built area, regardless of their use, will be realized at cost who requests the license, with a particular professional, qualified for that purpose, in accordance with the requirements set forth in Chapter III Title VI of this law, different from the designer and independently of the labor, which after corrected the adjustments requested by the minutes of observations issued by the curator (a) urban or district administration or district administration in charge of the issue of construction licenses, through a memorial aimed at this certificate the scope of the review carried out, compliance with the standards of the this law and its regulatory decrees and shall sign the plans and other technical documents as a record of having carried out the review.
The professional in charge of structural design review will be independently chosen by the license applicant.
This review may also be performed by legal persons who have qualified, accredited and registered personnel who comply with the requirements defined in this law to carry out the revision of the designs. structural.
When differences are presented between the structural designer and the reviewer of the project, they will be resolved in accordance with the regulation to be adopted by the national government.
For buildings to be subject to technical supervision in accordance with the provisions of Title V of this Law and its regulatory decrees and which are located in municipalities and districts where the Figure of urban curator, the revision of the present paragraph will be carried out at the expense of the one applying for the license and will be exercised by independent professionals or the urban curator of the nearest municipality of the same department, in the terms and conditions established by the national government through the Ministry of Housing, City and Territory.
The revision of the structural designs of buildings whose predium or prediums do not allow to exceed more than two thousand square meters of constructed area, regardless of their use, must comply with all the rules laid down in this law and its regulatory decrees, with responsibility for the structural designer, the owner of the property or the owner or the builder in the case of the self-employed assets holding the rights of domain which have been designated in the respective contract of trust, in accordance with with the provisions of the law in this respect, and the holder of the construction licence. Without prejudice to the foregoing, a review of the structural project by those responsible for studying and issuing the licenses will be carried out during the license process.
When the construction to be developed has less than two thousand (2,000) square meters of built area, but has the possibility to process extensions that allow to reach the two thousand square meters required, in the initial assessment of the structural design it will be analyzed if the same supports the future enlargement in which case the building despite having less than two thousand (2,000) square meters, it will have to have the structural revision that it treats this Article.
When in one or more premises different buildings are approved which together exceed two thousand (2,000) square meters of constructed area, each one of them independently of its built-up area structural review required in this article.
ARTICLE 4. Article 18 of Law 400, 1997, will be as follows:
Article 18. Mandatory. Buildings whose premises or premises allow more than two thousand square metres of constructed area to be exceeded, regardless of their use, must be subject to independent technical supervision of the manufacturer, in accordance with the provisions of the this title and in the corresponding regulatory decrees.
The buildings whose premises or premises do not allow to exceed more than two thousand square meters of constructed area, regardless of their use, must be executed as approved in the construction license. responsibility for the builder, structural designer, and those who have held the ownership of the predium and the construction license. In cases where, by virtue of the existence of an autonomous patrimony, the trustee who holds the ownership of the property and/or the building license, the person responsible for the trust contract must be provided with this obligation.
In any case, the structural designer or geotecnist engineer may require technical supervision of the buildings whose complexity, special constructive procedures or material materials make it necessary, including this requirement by means of a memorial to be attached to the structural project and/or the corresponding geotechnical study.
When the construction to be developed has less than two thousand (2,000) square meters of built area, but has the possibility to process extensions that allow to reach the two thousand square meters required, in the initial assessment of the structural design it will be analyzed if the same supports the future enlargement in which case the building despite having less than two thousand square meters, must have the technical supervision.
When in one or more premises different buildings are approved which together exceed two thousand (2,000) square meters of constructed area, each one of them independently of its built-up area technical monitoring required in this article.
PARAGRAFO 1o. It is for the national government to define the functions, scope, procedures, documents, and responsibilities related to the technical oversight of this law.
PARAGRAFO 2o. The structures that are designed and built following the recommendations presented in the one-and two-story Housing E Title of the NSR-10 Seismic Standard are excluded.
PARAGRAFO 3o. The monitoring of this article will be required without prejudice to the obligation of the builder to perform all quality controls that this law and its regulations require to ensure that the building is executed in accordance with the plans, designs and technical specifications approved in the respective license. To this end, the builder, during the development of the work, must have the participation of the structural designer of the project and of the geotechist engineer responsible for the plans and approved studies, who will have to attend the consultations and clarifications requested by the builder and/or the technical supervisor. Such consultations and clarifications shall be recorded and documented in the process of monitoring the work.
PARAGRAFO 4o. The monitoring of this article may also be performed by legal persons with qualified, accredited, and registered personnel who meet the requirements defined herein. law to perform technical monitoring.
When differences are presented between the builder and the project's technical supervisor, they will be resolved in accordance with the regulation to be adopted by the national government for that purpose.
ARTICLE 5o. Article 19 of Law 400, 1997, will be as follows:
Article 19. Buildings that do not require technical monitoring. In those buildings which, in accordance with the previous article, are exempt from independent technical supervision, the builder has the obligation to carry out the minimum quality controls that this law and its regulations require for ensure that the building is executed in accordance with the plans, designs and technical specifications approved in the respective licence. To this end, the builder, during the development of the work, must have the participation of the structural designer of the project and of the geotechist engineer responsible for the plans and approved studies, who will have to attend the consultations and clarifications requested by the builder. Such consultations and clarifications shall be recorded and documented in the process of execution of the work.
ARTICLE 6o. TECHNICAL CERTIFICATION OF OCCUPATION. Once the approved works in the respective construction license and prior to the occupation of new buildings have been completed, the Independent Technical Supervisor must issue under the gravity of the technical certification of occupation of the respective work, in which it will be certified that the work has the corresponding supervision and that the building has been executed according to the plans, designs and technical specifications, structural and geotechnical measures required by the Colombian Regulations of Constructions Sismorresilient and approved in the respective license.
The technical certification of occupation shall be annexed to the records of supervision, which shall not require protocolization. The technical certification of occupation must be protocolized by means of public deed granted by the enajorator of the predio which will be entered in the number of real estate registry of the predio or prediums on which the building is developed, as well as in the real estate registration sheets of the private units resulting from the projects which are subject to the horizontal property regime or instrument to generate new housing units. In the phased construction projects of the Law 675 of 2001, for each of the new buildings you will have to proceed in the manner provided for in this article.
Copy of the minutes of independent technical supervision to be issued during the development of the work as well as the technical certification of occupation shall be sent to the authorities responsible for exercising urban control in the municipality or District and shall be of public knowledge.
PARAGRAFO 1o. In cases, of buildings formed by structurally independent units, once the works of each of these units have been completed and before their occupation a technical certificate of Structurally independent unit occupancy.
In this case, the technical certificate of occupation must be protocolized in the real estate registration foles of the private units of the respective structurally independent unit.
PARAGRAFO 2o. In any case, for the purposes of control during the work, the competent municipal or district authority may carry out periodic visits and controls to the execution of the constructions, the evidence of which results shall be recorded in the independent monitoring reports and in the inspection reports carried out by the authorities responsible for exercising urban control.
PARAGRAFO 3o. The verification of compliance with the urban regulations will be the responsibility of the municipal and district authorities, who will exercise urban control in accordance with the provisions of the article 61 of Decree number 2150 of 1995 and article 109 of Law 388 of 1997, for which reason it shall not be subject to the certification of this article or may condition their expedition.
ARTICLE 7o. Amend article 42 of Law 1575 of 2012, which will remain so:
Article 42. Security Inspections and Certificates. Fire bodies are the bodies responsible for carrying out inspections in the field of fire prevention and human safety in public buildings, private and particularly in public trade and commercial establishments. industry, and shall inform the competent body of compliance with the safety standards in general. Likewise, for the performance of mass and/or pyrotechnic events, they will enforce all the current regulations regarding the comprehensive management of the risk against fire and related calamities. These inspections will cover the following aspects:
1. Annual inspection and testing of fire protection systems according to the current regulations.
2. Carrying out planned technical inspections concerning fire and human safety.
All citizens must provide in their facilities the human and technical safety inspections that the fire brigade carries out as a preventive measure and during control actions.
HOUSING BUYER PROTECTION.
ARTICLE 8o. OBLIGATION TO PROTECT PROPERTY DAMAGE. Without prejudice to the legal guarantee referred to in Article 8or Law 1480 of 2011, at the event that within ten (10) years following the issue of the Technical Certification of Occupation of a new dwelling, present one of the situations referred to in article 3 of article 2060 of the Civil Code, the builder or the housing new, will be obliged to cover the property damage caused to the owners are affected.
PARAGRAFO. The builder or the new housing estate must cover the property damage referred to in this law through its assets, bank guarantees, financial products, or insurance, among others. The national government will regulate the matter.
ARTICLE 9o. The obligation to protect property damage will apply to new housing units in projects that are subject to the horizontal property regime, closed real estate units, leos individual or any other system that generates different real estate units to be transferred to third parties in the case of five (5) or more housing units.
In mixed-use projects that include housing, the obligation provided for in this Article shall also be required for all housing units, in accordance with the provisions of the foregoing paragraph.
PARAGRAFO. The person who builds one or more dwellings for their own use shall not have the obligation contained in this article, provided that they do not transfer any of the housing units to any title during the term in which the protection of property damage must be guaranteed. In this case, that term shall be counted from the issue of the technical certification of occupation.
ARTICLE 10. OBLIGATION OF NOTARIES AND REGISTRARS. Notaries and registrars of public instruments shall not grant or register respectively any deed of transfer of the real property until the obligation of to protocolise and enroll the technical occupation certification in the manner provided for in Article 6or this law. The technical certification of occupation may be provided in the same act of transfer or in independent acts.
ARTICLE 11. Addition to article 104 of Law 388 of 1997, as amended by article 2or Law 810 of 2003, with the following numeral:
6. Successive monthly fines of twenty-five (25) current minimum statutory statutory wages (smlmv) without in any case exceeding three hundred (300) monthly minimum legal wages (smlmv) for construction licence holders, responsible builders and housing managers who allow the occupation of new buildings without having protocolized and registered the technical certification of occupation. These fines shall be applied for each private unit which is occupied without having complied with the protocolisation and registration of the technical certification of occupation.
ARTICLE 12. NATIONAL SINGLE REGISTER OF ACCREDITED PROFESSIONALS. Create the National Register of Accredited Professionals to advance the design, review and supervision tasks of the 1997 400 Act, which will be administered by the National Professional Council of Engineering (COPNIA) and will have as input the qualification of the examination of accreditation, which will be carried out in accordance with the terms and conditions established by the Colombian Regulation of Sismorresilient constructions; and the sanctions report provided by the National Professional Council of Engineering (Copnia) and the National Professional Council of Architecture and its Auxiliary Professions (CPNAA). The registry will have an access public web portal.
ARTICLE 13 Amend article 15 of Law 29 of 1973, which will remain so:
Article 15. The acts of the nation, the departments and municipalities and, in general, of all its administrative bodies, institutes, industrial and commercial enterprises and mixed-economy societies, to be held by means of public writing, when in the circle in question there is more than one Notary, shall be allocated equally among those that exist. The Notary and Registration Superintendence will regulate the allocation procedure, so that the Administration does not establish privileges in favor of any Notary.
Each of the entities subject to the regime established in this provision shall be responsible for the compliance with the procedure and the assignment of the acts of writing in the notarial circle corresponding to the ascending order. If you are dealing with buildings, you must take into account the location of the buildings. The Notary and Registration Superintendence will advance the respective surveillance.
PARAGRAFO 1o. In cities where there is more than one registration circle, the assignment of the written acts must be done, in the case of real estate, in the notaries that are located within the understanding the corresponding registration circle territorial.
PARAGRAFO 2o. With observance of the second paragraph of Article 44 of Law 1537 of 2012, the special notarial distribution procedure for acts involving the constitution of property horizontal, constitution or lifting of charges, acquisition or transfer of the right of ownership and acquisition or transfer of buildings defined as Housing of Social Interest and Priority where the financial institutions of the State of national order granting or granting the credit to the housing acquisition, will be regulated by the Superintendence of Notaries and Registry, who will take into account for the allocation the location of the building and in its control and surveillance work will apply the criterion of equity in order not to grant privileges to no notary.
INCOMPATIBILITIES REGIME.
ARTICLE 14. INCOMPATIBILITIES REGIME. Professionals who perform design review tasks or independent technical construction supervision shall be subject to the following incompatibilities and shall not be able to act as such:
1. For projects in which it is appropriate to intervene professionally in any other quality.
2. For projects in which you have a participation as a partner, manager, director, administrator, owner, designer, builder, shareholder or manager.
3. With respect to projects to be carried out on premises belonging to their relatives up to the fourth degree of consanguinity or second degree of affinity.
4. For projects in which it has participation or commercial interests of any nature.
ARTICLE 15. Article 60 of Law 842 of 2003, will remain so:
Article 60. Initiation of the disciplinary process. The disciplinary process of what this title treats will start:
1. By complaint filed by any natural or legal person, which must be made in writing before the Sectional or Regional Council of the Professional Council of Engineering concerned, corresponding to the territorial jurisdiction of the place where has committed the last act constituting the fault or the fault of the latter, before the Sectional or Regional Council.
In places where there is no Sectional or Regional Council, the complaint may be filed with the municipal person and the person shall proceed to the competent entity.
This complaint must be ratified in accordance with article 61 of this law, only if it does not allow any kind of indication to be established against the professional or his due identification or individualization.
2. Per public server report.
3. Ex officio.
PARAGRAFO 1o. The disciplinary action referred to in this title expires in five (5) years from the date on which the last act of the fault was committed or became aware of. The auto that orders the opening of the preliminary investigation, interrupts the expiration term.
PARAGRAFO 2o. The Legal Counsel of the respective Professional Council of Engineering or office that does its times, will resolve all cases of conflicts of competence, in decision of a single instance and against which No resource will proceed.
ARTICLE 16. Article 63 of Law 842, 2003, will be as follows:
Article 63. Preliminary investigation and formal investigation. The preliminary investigation and the probative stage of the formal investigation will last for up to six (6) months each, extendable up to half of the term if several of the faults or the investigations are carried out or if evidence is missing that decree, but if there is no evidence that the ordered will be ordered or completed, by order of the Sectional Secretary, according to the case, at the end of the preliminary investigation, with the formulation of charges that opens the formal stage, or with the file to be notified by status and sent for review in consultation with the Council Respective National Professional; and in the formal investigation, with the self, notifiable by state, which orders the transfer of ten (10) days to claim of conclusion. In the latter case, once the term has expired, the Sectional Secretary shall qualify the merit of the investigation by report and submit it to the Sectional Board for the adoption of the decision of the first instance.
PARAGRAFO 1o. In case the investigation does not appear to the notice of the statement of objections, they will act as defense lawyers of trade, the students of the legal office.
PARAGRAFO 2o. The Disciplinary Process of this title will be prescribed after five (5) years from the opening order of the preliminary investigation.
ARTICLE 17. Article 68 of Law 842 of 2003, will remain so:
Article 68. After the transfer is completed, the Sectional Secretariat shall decide on the evidence requested by the investigation and shall decree any other evidence which it considers to be conducive and relevant, by order against which no action is taken and which must be notified by status.
The probative term will be up to six (6) months extendable as set out in article 63 of this law.
ARTICLE 18. Executing the suspension or cancellation penalty imposed in accordance with the provisions of Law 842 of 2003, the penalty may not be exercised during the term of the sanction of his profession in the public or private sector, which implies, moreover, his immediate disengagement from the employment, position, representation or dignity that he has, or the termination of the contract if he has agreed to them on occasion, occasion or reason of their profession or their professional title.
ARTICLE 19. The professional sanctioned with cancellation of the professional registration under Law 842 of 2003, may be rehabilitated after ten (10) years, provided that he has not failed to comply with the sanction imposed and approves the training courses to be established for this purpose. If the professional does not obtain rehabilitation after the ten (10) years, he/she will be able to try the approval of the training courses once every three (3) years.
The rehabilitation procedure will be regulated by the national government.
OF THE SELECTION OF URBAN CURATORS.
ARTICLE 20. FUNCTIONS OF THE SUPERINTENDENCE OF NOTARY AND REGISTRY. In addition to the functions provided for in the law, the Superintendence of Notary and Registration in relation to the urban curators will be the following:
1. To set the guidelines of the contest for the designation of urban curators, in terms of, among others, the form of accrediting the requirements, the date and place of completion of the contest and the respective schedule.
2. To process and follow up on requests, complaints and complaints made by users in relation to the service of urban curators.
3. At any time, in an official manner or at the request of the control entities, to advance the disciplinary processes to the urban curators, through the Superintendence Delegate for Urban Curators, as provided in this law.
4. Impose sanctions on urban curators, without prejudice to the preferential power of the Attorney General's Office in disciplinary matters. In the first instance by the Superintendence Delegate for Urban Curators and in the second instance by the Superintendent of Notary and Registry.
5. Carry out general and/or special visits to urban curators in the field of preventive surveillance.
6. Order necessary measures to remedy or prevent irregularities or abnormal situations.
7. Request information and conduct inspection visits.
ARTICLE 21. CONTEST FOR THE DESIGNATION OF URBAN CURATORS. Correspond to the municipal or district mayor to designate the urban curators in accordance with the outcome of the contest that will be carried out for the designation of the urban curators within their jurisdiction. This merit contest will be advanced by the Administrative Department of the Civil Service and in this respect the elaboration of the tests of technical and specific knowledge written to be applied to the candidates to the contest merits, the Administrative Department of the Civil Service will receive the support of the Superintendence of Notary and Registry.
The contest for the designation of urban curators will guarantee the analysis and evaluation of experience and demonstrated capacity in relation to the role of the urban curator, as well as the undergraduate and graduate studies. The competitions shall include the following tests, the results of which shall be:
1. Examination of national, municipal and district standards for urban and territorial development and planning and the general framework of seismic resistance.
2. Examination of the urban rules of the Territorial Ordinance Plan or the instruments that develop and complement it.
3. Collegiate interview with the municipal or district mayor, and one (1) representative of the Superintendence of Urban Curators of the Superintendence of Notary and Registration.
PARAGRAFO 1o. The expenses that the contest for the designation of urban curators will take will be charged to the budget of the Superintendence of Notaries and Registry and to the Fund Account of Curators.
PARAGRAFO 2o. The Ministry of Housing, City and Territory will determine by administrative act the municipalities that according to their building activity require implementing the figure of urban curator, Once issued the administrative act, the mayors may determine the number of curators required by their municipality and start the process of designation in accordance with the provisions of this Article, without in any case being less than two (2).
PARAGRAFO 3o. The list of eligible persons who agree to the results of the contest will be valid for three (3) years, counted from the time it is signed and will serve to provide for the replacement of the urban curators in the case of temporary and absolute faults identified in this law.
ARTICLE 22. Modify the numeral 1 of article 101 of Law 388 of 1997, as amended by article 9or Law 810 of 2003:
1. The municipal or district mayor shall appoint the urban curators, upon merit contest, to those who appear in the first places of the list of eligible persons, in strict order of qualification.
To be designated a curator the following requirements must be met:
a) Being a Colombian citizen in exercise, or a foreign national legally resident in the country, no longer than 65 years of age, and being in full enjoyment of civil rights in accordance with the National Constitution and civil laws.
b) Poseer professional title of architect, civil engineer, lawyer or in areas of social, economic or administrative sciences and post-graduate in urban law, urbanism, land policies, territorial planning, regional or urban, and corresponding registration, card or professional license, in the cases of regulated professions.
c) Credit a minimum of ten (10) years of work experience in the exercise of development activities or urban planning.
d) Not be in any of the inskill causes determined in the law.
e) Credit the collaboration of the specialized interdisciplinary group that will support the work of the urban curator.
f) Enroll and approve the Urban Curator Designation Contest that treats the law.
OF THE DISCIPLINARY REGIME AND THE SURVEILLANCE OF URBAN CURATORS.
ARTICLE 23. DISCIPLINARY REGIME OF URBAN CURATORS. The urban curators are applied in the exercise of their public functions and in the relevant, the disciplinary regime of Law 734 of 2002 or the rule that Add, modify, or replace.
PARAGRAFO. In accordance with the provisions of Article 2or Law 734 of 2002 or the rule that adds, modifies or replaces, the disciplinary action is independent of any other which may arise from the commission of the absence, including the professional ethical action which under the professional quality of the Curator must bring forward the National Professional Council of Architecture and its Auxiliary Professions (CPNAA), the Council National Engineering Professional (Copnia) or the relevant entity.
ARTICLE 24. SURVEILLANCE AND CONTROL. The special disciplinary regime for urban curators will be applied by the Superintendence of Notaries and Registration, without prejudice to the preferential power that the Attorney General's Office may exercise. To advance the functions of surveillance and control of urban curators provided for in this law, create the Superintendence of Notaries and Register the Superintendence Delegate for Urban Curators. The resources for its operation and additional costs will be covered with the collection of the surveillance fee and those that are available in the Superintendence of Notary and Registration.
ARTICLE 25. INABILITY TO BE DESIGNATED AN URBAN CURATOR. In addition to the inabilities provided for in Article 54 of Law 734 of 2002, or the law modifying or repealing it, the following shall apply:
1. Those who have been punished or excluded from the exercise of a profession or have been sentenced to a custodial sentence, except for political or cultural offences.
2. Those who have been convicted by the commission of crimes that affect the state's patrimony.
3. Those who have been disciplined in a disciplinary manner with removal or suspension in the exercise of a public office or the performance of a public function.
4. Those who have been held fiscally responsible under the terms of Article 38 of Law 734 of 2002.
5. Those who suffer from any physical or mental condition that compromises the capacity needed for the due performance of the functions as an urban curator.
6. Those who, with their intentional or gravely culpable conduct, have given rise to convictions against the State in exercise of their role as an urban curator in the preceding period.
7. Those who have been the subject of a custodial sentence with the exception of political crimes.
ARTICLE 26. INCOMPATIBILITIES FOR THE EXERCISE OF THE ROLE OF THE URBAN CURATOR. In addition to the incompatibilities provided for in Law 734 of 2002, it is incompatible with the role of urban curators:
1. To carry out public or private employment or employment or to hold in self-interest, directly or by person, contract with public entities or private persons who handle public resources, except for legal exceptions.
2. To manage or intervene, directly or indirectly, in the management of business or to be proxy to entities in the respective municipality or district.
3. To pursue positions of political representation, to register as a candidate for any post of popular choice during the period for which he was elected or to take part in the activities of the political parties without prejudice to the exercise of the right to suffrage.
4. Be a partner, advisor, consultant, board member, boards of directors or legal representative of legal persons who develop architectural, urban or construction design activities or associated with urban development in any jurisdiction.
5. Exercise any liberal profession outside the exercise of the urban curator, except for the university chair when it does not exceed eight hours a week.
6.
PARAGRAFO. The acting curator of his or her duties is prohibited from the conduct referred to in Article 35 of Law 734 of 2002.
ARTICLE 27. IMPEDIMENTS TO THE URBAN CURATOR. As a guarantee of impartiality, in addition to the causes of impediment and recusal established in the General Code of the Process, the urban curator must be prevented from knowing the application if he/she is configure any of the following causes:
1. Have him, or his relatives up to the fourth degree of consanguinity, second of affinity or sole civil, direct or indirect interest in the requested procedure.
2. Be him, his/her spouse, permanent partner or any of his/her relatives, partner or legal representative of the person interested in the requested procedure.
3. Be the applicant of the dependent license, president or business administrator of the curator or any of the members of the interdisciplinary group.
4. To have intervened in the commercial or financial decision, design or elaboration of the project object of the requested procedure.
5. To have issued concepts or in any way intervened in advice regarding the real estate object of application for a license outside the activities of the urban curator, within 5 years immediately prior to being elected curator.
The conservator must be declared to be prevented in writing and in a reasoned manner, to refuse to know of any request.
In case it is not declared impeded, the interested parties may, in any time, challenge the urban curator before the Superintendent of Notary and Registry, who in case of finding the causal, will order to separate from the knowledge of the application to the recused curator.
Likewise, in the event of the completion of the respective procedure in the presence of any of the previous causes, the same may be invoked to request the revocation or nullity of the decision. In these cases, the corresponding administrative and judicial procedures will be followed, provided for in the Administrative Procedure Code and the Administrative Contentious Code.
ARTICLE 28. SERIOUS MISCONDUCT BY URBAN CURATORS. In addition to those mentioned in Article 55 of Law 734 of 2002, or the law that modifies, derogates or subrogates, they constitute serious disciplinary misconduct and This is the case for the action and imposition of the corresponding sanction, the following:
1. The use of commercial propaganda or incentives of any order to encourage the public to demand their services. The above does not include the possibility for each curator to have an address, an Internet site where he reports on the services he provides and other issues of the function.
2. Refuse to provide the service without a fair cause.
3. Skip compliance with the requirements in the delivery of your services.
4. Stop unjustifiably attending the office, or close it for no legal reason, or unduly limit the hours of dispatch to the public.
5. Failure to perform the duties provided in numerals 1, 2, 4, 5, 6, 8, 9, 10, 11, 12, 13, 16, 17, 18, 24, 38, and 39 of article 34 of Law 734 of 2002 or the law that modifies, derogates or subrogates it.
6. Violation of the prohibitions regime, set forth in numerals 1, 3, 6, 7, 10, 11, 12, 17, 23, 24, 29, and 31 of article 35 of Law 734 of 2002 or the law that modifies, derogates or subrogates it.
7. Unjustifiably uncomply with the deadlines provided for in the law to resolve a license application.
8. Charge as expenses, amounts other than those authorized by the national government, or receive in kind the payment or part of payment thereof.
9. To omit the requirement of payment of taxes, levies, fees, participations or contributions, associated with the issue of licences. In any event, the verification of compliance with the tax obligations associated with the issue of the licence shall not be the responsibility of the urban curators.
10. To act in the event of unfair competition in the terms of the Trade Code.
ARTICLE 29. APPLICATION OF THE SINGLE DISCIPLINARY CODE. To the urban curators, as addressees of the disciplinary law, the guiding principles, the terms of limitation of disciplinary action, the procedure, the causes of exclusion of liability, the causes of extinction of disciplinary action and of the sanction, the regime of impediments and recusal, the rights of the investigated and other rules of procedural action provided for in the Code Single disciplinarian.
SURVEILLANCE RATE.
ARTICLE 30. SUSTAINABILITY OF SURVEILLANCE. In order to ensure the sustainability of the surveillance that will exercise the Superintendence of Notaries and Registration, on the public function that the urban curators provide, the Ministry of Housing, City and Territory in the exercise of the powers granted to it by Law 388 of 1997 partially amended by Law 810 of 2003 and Decree number 1469 of 2010 (compiled by the Decree number 1077 of 2015), will regulate the percentage of the expenses that will be used for this purpose.
ARTICLE 31. FUND ACCOUNT OF URBAN CURATORS. Create a Fund Account without legal status, which will be formed with the percentage of the expenses that will be used to the sustainability of the surveillance that will exercise the Superintendence of Notary and Registry.
The Notary and Registration Superintendent will be the legal representative of the Fund and the expense computer.
OTHER PROVISIONS.
ARTICLE 32. Urban curators and planning secretariats in all districts and municipalities in the country will be required to deliver in real time to the territorial entities of the relevant information on the applications, expeditions and approvals of all administrative acts of urban licensing, so that they can exercise with opportunity and effectiveness the respective processes of surveillance and control of the urban development and real estate. For the effect each territorial entity will agree with the respective urban curadurias the means for the reporting of the information.
PARAGRAFO 1o. The failure to deliver information to territorial entities on expeditions, and approvals of administrative acts after 30 days of being issued by the managers, is constitute a serious disciplinary failure.
PARAGRAFO 2o. Municipal and district mayors will be able to confer on organizations or agremations of suitable professionals, the subsequent control of the projects that have been the subject of the issuance of licenses urbanization and construction, in any of its embodiments.
ARTICLE 33. Modify the first paragraph and paragraph 1 of Article 90 of Law 1753 of 2015, which shall remain so:
Article 90. Housing of Social Interest and Housing of Priority Interest. According to article 91 of Law 388 of 1997, housing of social interest is the housing unit that meets quality standards in urban, architectural and construction design and whose value does not exceed one hundred and thirty-five statutory minimum monthly salaries (135 smmlv). Territorial entities that finance housing in the municipalities of categories 3, 4, 5 and 6 of Law 617 of 2000, may do so in housing of social and priority interest.
PARAGRAFO 1o. A type of housing called Housing of Priority Social Interest will be established, the maximum value of which will be seventy current legal minimum monthly wages (70 smlv).
ARTICLE 34. TRANSITION REGIME. The provisions of this law shall apply to projects whose construction license in the modalities defined in this legislation is legally and properly radiating after the entry into force of the law. present law, including structures constructed in alternative materials, as defined in Chapter II, Article 8or 14 of Law 400 of 1997 or those provisions that modify or supplement it.
ARTICLE 35. URBAN LICENSES. The numeral 1 of article 99 of Law 388 of 1997, will remain so:
1. To advance construction work, extension, modification, adaptation, structural reinforcement, restoration, reconstruction, closure and demolition of buildings, and urbanization, parking, loping or subdivision of premises Located in urban areas, urban and rural expansion, it is required prior to its execution to obtain the corresponding urban license. Likewise, a license shall be required for the occupation of the public space with any kind of furnishing or for the intervention of the same unless the occupation or work is carried out in compliance with the functions of the public entities. competent.
The urban license is the administrative act of particular and concrete character, issued by the urban curator or the competent municipal or district authority, by means of which is authorized specifically to advance works of urbanization and (b) land, construction, enlargement, modification, adaptation, structural reinforcement, restoration, reconstruction, closure and demolition of buildings, intervention and occupation of the public space, and to carry out the Subdivision of Prediums.
The granting of the urban license implies the acquisition of development and construction rights in the terms and conditions contained in the respective administrative act, as well as the certification of compliance with the rules (a) urban and seismic-resistant and other regulations on which it is based, and carries with it the specific authorisation for use and use of the soil as long as it is in force or when the work has been carried out as long as it has been complied with all obligations set out therein.
The current licensing changes will be based on the urban standards and other regulations that have been used as a basis for their expedition.
ARTICLE 36. VALIDITY. This law shall enter into effect from its promulgation, with the exception of Title IV, which shall enter into force one (1) year after its promulgation. This law subrogates Articles 15, 18 , and 19 from the 1997 Act 400 in addition to Article 2or the 2003 Act 810 and repeals all provisions which are contrary to it, in particular Article 64 of Law 9 of 1989, as amended by Article 40 of Law 3 of 1991, the number 2 of the literal k) of Article 48 of the Law 400, 1997, items 65 and 76 of Law 842 of 2003 and the first paragraph of article 44 of Law 1537 of 2012.
The President of the honorable Senate of the Republic,
LUIS FERNANDO VELASCO CHAVES.
The Secretary General of the honorable Senate of the Republic,
GREGORIO ELJACH PACHECO.
The President of the honorable House of Representatives,
ALFREDO RAFAEL DELÚQUE ZULETA.
The Secretary General of the honorable House of Representatives,
JORGE HUMBERTO MANTILLA SERRANO.
COLOMBIA-NATIONAL GOVERNMENT
Publish and comply.
Dada in Bogotá, D. C., on July 13, 2016.
JUAN MANUEL SANTOS CALDERÓN
The Minister of Justice and Law,
JORGE EDUARDO LONDOÑO ULLOA.
The Minister of Housing, City and Territory,
ELSA MARGARITA NOGUERA DE LA ESPRIELLA.
