Reforming The Special Law Of Subdivisions And Subdivisions For Residential Use.

Original Language Title: REFÓRMASE LA LEY ESPECIAL DE LOTIFICACIONES Y PARCELACIONES PARA USO HABITACIONAL.

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.

LEGISLATIVE ASSEMBLY-REPUBLIC OF EL SALVADOR

____________________________________________________________________ 1

DECREE NO 219

THE LEGISLATIVE ASSEMBLY OF THE REPUBLIC OF EL SALVADOR,

CONSIDERING:

I.-That Articles 103 and 119 of the Constitution of the Republic state that the State must ensure that the greatest number of Salvadoran families arrive

to own their housing, guaranteeing the property " Private in social function.

II.-That by Legislative Decree No. 993 of January 25 In 2012, published in the Official Journal No. 46, Volume N ° 394 of March 7 of the same year, the Special Law of the Lotification and Parcelations for Use was approved

III.-However, the reform to the Law cited above, approved by Decree

Legislative N ° 48 of 16 July 2015, published in the Official Journal N ° 160, Took N ° 408 dated September 3 of that same year, becomes necessary, to repeal in the article 2, the literal h) in force, in order to give clarity to the lotifications that are excluded in the procedure of regularization, as well as

to modify the first paragraph of the Art. 40, in order to extend the term set for the lotifications that will be considered within that regime.

BY TANT,

in use Carlos Armando Reyes Ramos, Sonia Margarita Rodriguez Siguenza, Jaime Orlando Sandoval, and Manuel Rigoberto Soto Lazo.

DECRETA the following: reforms to the Special Law on Parcelations for Housing Use; issued by Legislative Decree No. 993, dated January 25, 2012 and published in the Journal

Official No. 46, Volume No. 394 of March 7 of the same year.

Art. 1.-Derogase the literal h) of Art. 2.-

Art. 2.-Replace Article 40, by the following:

" Art. 40.-Create a Transitional Regime for a period of six years from the validity of this Law, which aims to establish an integral procedure for the approval or validation of the lotifications developed and marketed without have complied with the relevant legal and technical requirements

to ensure legal certainty for persons who have acquired or contracted lots in such lotifies.

The period referred to in the foregoing paragraph, implies the deadline that the loggers have to initiate their regularisation processes, but rather The competent authority has the obligation to complete the regularisation processes before it and of the Parcelaries and owners to comply with the requirements of the competent authority in the different resolutions issued.

___________________________________________________________________ LEGISLATIVE INDEX

LEGISLATIVE ASSEMBLY-REPUBLIC OF EL SALVADOR

____________________________________________________________________ 2

Within this regime, the loggers must begin their paperwork, up to one hundred and eighty calendar days before the end of the duration of such a regime, either before the Deputy Minister of

Housing and Urban Development or before another competent authority.

They shall not be subject to the provisions of this Regime Transient, those lotifies or

parcelations for housing use, whose the marketing has been initiated before 7 September 2012, without having obtained the corresponding permits or having them, they have lost their validity or have been modified, in such a way that such situation, prevents their registration

Records

Center

The Parcelary Developer, the owner or its heirs, declared or not, of a lotification,

that is in the situation, described above, will have to test the previous circumstances, by way of:

a) The marketing documents that you test The existence of the Lotification within the period previously established, as required by Article 41 of this Law; and,

b) That the percentage of lots entered in the corresponding Root and Mortgage Property Registry is not less than 80 percent of the lots that make up the lotification from the start.

The above requirements will be fulfilled, the registration of missing lots can be requested following the cadastral process and registration of simple segregations, whenever the building on which

is

finds the lotification or part of it, count with the area register sufficient for this purpose and no involvement in the identification of the lots to be entered.

The competent entity, to establish compliance with the above criterion, will be the National Records Center. through the Catastral Maintenance Offices of the Directorate of the Geographic Institute and the National Catastro.

For this purpose, the provisions of the Regulations of this Law must be complied with.

If the owner or Developer Parcelario did not agree with the resolution of the Maintenance Offices Cadastral, may use such resolution, as provided for in Articles 17, 18, 19 and 20 of the Law on Uniform Procedures for the filing, processing and registration or deposit

of instruments in the Root Property Records e Hypotecs, Social Infurniture, Commerce and Intellectual Property, issued by Legislative Decree number 257, January 28, 2004, published in the Official Journal number 126, Volume 364 of July 7, 2004.

For the purposes of this Law, the resolutions of the Catastral Maintenance Offices of the National Records Center are subject to the resources and procedures referred to in the Articles

cited in the preceding paragraph. "

Art. 3. This Decree shall enter into force eight days after its publication in the Official Journal.

___________________________________________________________________ LEGISLATIVE INDEX

LEGISLATIVE ASSEMBLY-REPUBLIC OF EL SALVADOR

____________________________________________________________________ 3

GIVEN IN THE BLUE HALL OF THE LEGISLATIVE PALACE: San Salvador, 10 days a month December of the year two thousand fifteen.

LORENA GUADALUPE PEÑA MENDOZA, PRESIDENT.

GUILLERMO ANTONIO GALLEGOS NAVARRETE, ANA VILMA ALMASEZ DE ESCOBAR, FIRST VICE PRESIDENT. SECOND VICE-PRESIDENT.

JOSÉ SERAFIN ORANTES RODRÍGUEZ, NORMAN NOEL QUIJANO GONZÁLEZ, THIRD VICE-PRESIDENT. FOURTH VICE-PRESIDENT.

SANTIAGO FLORES ALFARO, FIFTH VICE PRESIDENT.

GUILLERMO FRANCISCO MATA BENNETT, DAVID ERNESTO REYES MOLINA, FIRST SECRETARY. SECOND SECRETARY.

MARIO ALBERTO TENORIO GUERRERO, REYNALDO ANTONIO LÓPEZ CARDOZA, THIRD SECRETARY. FOURTH SECRETARY.

JACKELINE NOEMI RIVERA AVALOS, JORGE ALBERTO ESCOBAR BERNAL, FIFTH SECRETARY. SIXTH SECRETARY.

ABILIO ORESTES RODRÍGUEZ MENJÍVAR, JOSÉ FRANCISCO MERINO LÓPEZ, SEVENTH SECRETARY. EIGHTH SECRETARY.

CASA PRESIDENTIAL: San Salvador, six days of the month of January of the year two thousand sixteen.

PUBESVIESE,

Salvador Sánchez Cerén, President of the Republic.

Gerson Martínez, Minister of Public Works, Transport and

Housing and Urban Development.

D. O. N ° 4

Took N ° 410 Date: January 7, 2016 FN/geg 10-02-2016

___________________________________________________________________ LEGISLATIVE INDEX