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.

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Read the untranslated law here: http://www.asamblea.gob.sv/eparlamento/indice-legislativo/buscador-de-documentos-legislativos/reformase-la-ley-de-lotificaciones-y-parcelaciones-para-uso-habitacional-1/archivo_documento_legislativo

1 Decree N ° 219 it Assembly Legislative of it Republic of EL SALVADOR, whereas: I.-that them articles 103 and 119 of the Constitution of the Republic established that the State must procure that the greater number of families Salvadoran, arrive to be proprietary of its housing, ensuring it property private in function social.
II. that by means of Legislative Decree N ° 993 25 January of 2012, published in the official journal N ° 46, take N ° 394 of 7 March of the same year, approved the special law of subdivisions and subdivisions for residential use.
III.-that however, the reform of the law cited above, approved by Legislative Decree N ° 48 16 July 2015, published in the official journal N ° 160, Tome N ° 408 dated 3 September of that same year, becomes necessary to repeal article 2, the literal h) force, in order to give clarity to the subdivisions that are excluded in the regularization procedure as well as modify subsection first article 40, in order to extend the deadline for the subdivisions that will be considered within that scheme.
Therefore, in exercise of its powers and to initiative de los Diputados Carlos Armando Reyes Ramos, Sonia Margarita Rodríguez Sigüenza, Jaime Orlando Sandoval and Manuel Rigoberto Soto loop.
DECREES the following: reforms to the special law of subdivisions and subdivisions for residential use; issued by Legislative Decree N ° 993, on January 25, the year 2012 and published in the official journal N ° 46, take N ° 394 7 March of the same year.
Article 1.-repeal of the literal h) of the article 2-article 2-article 40, be replaced by the following: "article 40.-create a transitional regime for a period of six years from the entry into force of this law, which aims to establish a procedure for the approval or validation of the subdivisions developed and marketed without having complied with the corresponding legal and technical requirements" , that guarantee the security legal to them people that have purchased or contracted lots in those subdivisions.
He term to is refers the subsection previous, not implies the term that have them lotificadores for start their processes of regularization but, it mandatory that has the authority competent, to finalize them processes of regularization before she presented and of them developers allotment and owners for meet it required by the authority competent in them different resolutions issued.

2 inside of this regime, the lotificadores should start their procedures, up to 180 calendar days before the end of the period of duration of this regime, either before the Deputy Minister of housing and urban development or other competent authority.
Not be subject to the provisions of the present transitional regime, those subdivisions or subdivisions for residential use, whose marketing has started before September 7, 2012, without having obtained the proper permits or having them, they have lost their validity or they have been modified, so that such a situation, prevents registration in the national records center.
The developer land lot, the owner or his heirs, declared or not, of a subdivision, that is in the situation, before described, must prove convincingly the previous circumstances, by means of: a) the marketing documents proving the existence of the subdivision within the period before established, as required by article 41 of this law; and, (b)) that the percentage of batch enrolled in the registry of property root and corresponding mortgages, is not less than 80 per cent of lots that make up the subdivision since its inception.
Satisfying the above requirements, you may request registration of the missing lots according to the cadastre and registry process simple segregations, whenever the immovable on which are found the subdivision or part of it, has the registry area sufficient to do so and there is no involvement in the identification of pending registration.
The competent entity, to establish compliance with the above criterion will be the national records center through maintenance cadastre of the address of the Institute geographic and the national land registry offices.
For this purpose, it must comply with the provisions of the regulation of this law.
If the owner or developer plot not was in accordance with it determined by them offices of maintenance cadastral, may resort of such resolution, as it willing in them articles 17, 18, 19 and 20 of the law of procedures uniform for the presentation, pending and registration or deposit of instruments in them records of the property root e mortgages, Social of estate Trade and intellectual property, issued by Legislative Decree number 257, on January 28 in the year 2004, published in the official journal number 126, volume number 364 of the 7 of July of 2004.
For purposes of this law, the resolutions of the offices of cadastral maintenance of the National Center of registries, are subject to resources and procedures referred to in the articles cited in the preceding paragraph."
Article 3.-this Decree shall enter into effect, eight days after its publication in the official journal.

3 die in the Blue Hall of the PALACIO LEGISLATIVO: San Salvador, on the tenth day of the month of December of the year two thousand and fifteen.
LORRAINE GUADALUPE PENA MENDOZA, PRESIDENT.
GUILLERMO ANTONIO GALLEGOS NAVARRETE, ANA VILMA ALBANEZ DE ESCOBAR, SENIOR VICE PRESIDENT. SECOND VICE PRESIDENT.
JOSE SERAFIN RODRIGUEZ ORANTES, NORMAN NOEL QUIJANO GONZÁLEZ, THIRD VICE-PRESIDENT. FOURTH VICE PRESIDENT.
SANTIAGO FLORES ALFARO, FIFTH VICE PRESIDENT.
WILLIAM FRANCISCO MATA BENNETT, DAVID ERNESTO REYES MOLINA, FIRST SECRETARY. SECOND SECRETARY.
MARIO ALBERTO TENORIO GUERRERO, REYNALDO ANTONIO LOPEZ CARDOZA, THIRD SECRETARY. FOURTH SECRETARY.
JACKELINE NOEMI RIVERA AVALOS, JORGE ALBERTO ESCOBAR BERNAL, FIFTH SECRETARY. SIXTH SECRETARY.
ABILIO ORESTES RODRIGUEZ MENJIVAR, JOSE FRANCISCO MERINO LÓPEZ, SEVENTH SECRETARY. EIGHTH SECRETARY.
Presidential House: San Salvador, to the six days of the month of January of the year two thousand and sixteen.
PUBLISHED, Salvador Sanchez Ceren, President of the Republic.
Gerson Martínez, Minister of public works, transport and housing and urban development.
D. O. N ° 4 volume N ° 410 date: January 7, 2016 FN/geg 10-02-2016 legislative index