Special Law Reformed Subdivisions And Parcelaciones For Housing.

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/archivo_documento_legislativo



1 DECREE No. 48

THE LEGISLATURE OF THE REPUBLIC OF EL SALVADOR, CONSIDERING
:
I.- Articles 103 and 119 of the Constitution of the Republic establishes that the State should seek that as many Salvadoran families
to own your home, guaranteeing private property social function.
II on 25 January 2012, the Assembly approved Legislative Decree No. 993, which was published in the Official Gazette No. 46, Volume No. 394 of March 7 of that year It is containing the Special Law on Subdivisions and
Parcelaciones for housing.
III.- That to date, the process of regularization of subdivisions
established in that legislation, has faced practical difficulties that have hindered the legalization of various buildings, which has prevented the authorities legalize ownership of these properties in favor of low-income families who live there; so it is necessary
reforms to the Act, allowing viable and accelerate implementation.
THEREFORE,
in exercise of its powers and initiative of the Deputies: Sonia Margarita Rodríguez Siguenza, Dina
Yamileth Argueta Avelar and with the support of Deputy Arnoldo Martyr Marin Villanueva.
DECREES,
the following reforms to the Special Law on Subdivisions and Parcelaciones for housing;
Issued by Legislative Decree No. 993, dated 25 January 2012 and published in the Official Gazette No. 46, Volume No. 394 of March 7 of that year.
Art. 1. Replace Article 2 with the following:.

SCOPE "Art. 2.- governed by this Act, including the transitional arrangements set out in Title Two, all subdivisions for housing, except for the following:
a) Projects classified as complete developments Type 1 and 2, pursuant to the provisions of Article 47 of the Regulations of the Law on Urban Planning and Construction regarding Parcelaciones and Urbanizaciones Habitacionales.;

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b) subdivisions financed, developed or owned by the state, public institutions, local governments within the framework of its powers and governed by the laws
related to land reform;
C) located in forest reserves and natural protected areas established by Decree
by the Ministry of Environment and Natural Resources; and those who are in fragile area in accordance with the provisions of the Law on Environment;
D) located in archaeological or cultural heritage areas identified;
E) located in rights of way in accordance with the respective law;
F) located in protection zones, in rivers, streams and areas at risk;
G) identified very high risk of tsunami, according to the technical criteria specified in the catalog of vulnerability and risk due to flooding by tsunami on the coast of El Salvador;
H) located in the coastal marine area;
I) The slums and marginal areas;
J) invasions, encroachments and other situations constitute a violation of property rights, including possession of bad faith; and
k) All subdivisions or subdivisions that do not have residential use.
The exception in this Article shall not apply when local governments are those marketed lots or parcels.
The cases referred to in subparagraph c a), may be subject to application of the transitional regime established by this Law, prior opinion of the Ministry of Environment and Natural Resources regarding environmental measures and techniques to be implemented, which to counteract the risks or environmental impacts caused
, which must be submitted no later than within twenty working days of receipt of the request. The lack of this opinion, be understood in the sense that the regularization process can continue.
The competent authority will assess and decide as appropriate; provided that the subdivision in question be marketed in accordance with this Act, fifty percent
of lots that make up the subdivision.
For the purposes of this Act, it shall mean effective habitability
building houses in which a natural person or a family group actually resides.
In case of doubt about the application of the exclusions, consultations shall refer to the corresponding, who must express their opinion in writing, categorically and strict authorities

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On the consultation and according to the appropriate, within the time limit for each institution established in the Regulation of this Law Act; otherwise it shall be resolved positively,
understood that the requested authority has responded that it is accepted that there is no impediment to the implementation of this Act and the Special Regime, as applicable to the powers laws of the requested authority.
For the purpose of imposing penalties determined in Chapter Six of Title I and Title Two Chapter Five of this Act, all subdivisions that are
fall within the scope of this Act, be included except described in paragraph b) of this Article.
The Regulation of this Law shall establish specific procedures for the determination of the exclusions under the special scheme, being the institutions of the Sportello Unico, according to their competence or the competent authority to hear the regularization process, the
will determine in each case, the exclusions mentioned in the previous paragraphs. "
Art. 2. reformed the fourth paragraph of Article 28 as follows:.
"It will be up to VMVDU by the owner, knowing the penalty procedure and impose sanctions for actions or omissions under paragraphs e), f ) g) of Article 26 of this Law, through the procedure laid down in the following articles. "
Art. 3. Article 40 and reformed.
"Art. 40.- hereby established a transitional regime for a period of six years from the effective date of this Act, which aims to establish a comprehensive procedure for the approval or validation of the developed subdivisions and marketed without meeting the legal requirements and
corresponding technical, to ensure legal certainty for persons who have acquired or hired lots in these subdivisions.
The period the previous paragraph, the term does not mean having to start the lotificadores regularization processes but the obligation that has the authority to finalize the regularization processes presented before him and Developers
parcelarios and owners to meet the requirements of the competent authority in various resolutions issued.
Within this regime, lotificadores should begin its proceedings until
calendar one hundred and eighty days before the end of the term of the scheme either to the Department of Housing and Urban Development or other competent authority.
They will not be subject to applicability of the transitional arrangements, those subdivisions or subdivisions for residential use whose development has been started within the period of twenty-year period before the effective date of this Act, without obtaining the appropriate permits or they | || have lost their relevance to 7 September 2012. the Parcel Developer shall irrefutably prove the above by submitting:

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a) marketing documents proving the existence of the Lotificación within the period established above, as required under Article 41 of this Law;
And
b) Have at least 80 percent of lots registered in the Registry of Property and Mortgages
.
Once the above requirements, may apply for registration of missing batch
following the cadastral and registration process simple segregations, provided that the property on which the subdivision or part thereof is located, has the area registration sufficient for this purpose and there is no involvement in identifying register earrings lots.
The competent body to set compliance with the above criteria will be the National Registration Center through the Office of Cadastral Maintenance
address Geographic Institute and the National Land Registry.
For this purpose, it must comply with the Regulations of this Law.
If the owner or developer Parcel not agree with the decision by the Office of Cadastral Maintenance, may appeal that decision, pursuant to the provisions of Articles 17, 18, 19 and 20 of the Law on Uniform Procedures for filing, processing and registration or deposit of instruments
Records Real Property and Mortgages, Real Estate Social, Trade and Intellectual Property, issued by Legislative Decree No. 257 of 28 January 2004, published in the Official Gazette No. 126, Volume 364 Number 7 July 2004.

For the purposes of this Act, the resolutions of the Office of Cadastral Maintenance National Records Center, are subject to the remedies and procedures referred to
cited in the preceding paragraph Articles. "
Art. 4. Amend Article 41 as follows:.
TEST THE START DATE OF THE MARKETING
"Art. 41.- may prove the beginning of the marketing subdivision by any of the following means:
a) Through the presentation of procurement contracts batches term accounting records of the company duly authenticated lotificadora; and
b) Through cancellation or reliable proof of receipts and accounting support to check periodic payments from the Lot-holders to Parcel Developer as part of the total price you pay for the lots.
If the subdivision is not found inhabited or does not have any development that shows the existence of it, the competent authority may also also test marketing aforementioned request any of the following:

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a) Affidavit a notary, which appear cardholders lot with those who have sold lots; and
b) Proof of onset of Lotificación issued by the Mayor of the jurisdiction where the property subject to the parceling are. And in cases where it may be considered
from test marketing of those listed in the first paragraph of this article. "
Art. 5. reformed the second and fifth paragraph of Article 44 and incorporate a clause eighth, as follows:.
"The competent authority shall call parcelarios Developers who have developed or marketed Subdivisions without the corresponding legal permits , as often as necessary and at such intervals as it deems appropriate for the duration of the period referred to in Art
a. 40 of this law, through general publications in two newspapers of national circulation, or guidelines in radio media, to present the only form of regularization within a maximum period of six months from the date of this publication, together with the accompanying documentation that can
verify the particulars of the applicant and lotificado property, as well as physical, social, legal status register and titles property when starting the process.
Applications for regularization of those Subdivisions that are located in areas
risk, technically established by the Ministry of Public Works, and for which no appropriate compensation, a mitigation plan will be presented works supported by the corresponding technical studies, where those responsible for executing the works and the respective
execution schedule, which will be evaluated by the VMVDU, who may or may not grant approval is established. Failure to have such approval VMVDU will be rejected without further ado. It may partially regularized Subdivisions in case the conditions of risk, prevent it from completely.
The competent authority becomes aware of the existence of a Lotificación developed without authorization or which is denounced by the holders lot or by any person or institution
notify the owner or Parcel Developer for the period covered by current appeal is submitted to the regularization procedure, and in case of noncompliance with the provisions of this Article shall be grounds for offense and shall proceed in accordance with the provisions
in Chapter Five of Title II of this Act. "
Art. 6. reformed Art 45, as follows:.
"Art. 45. The competent authority shall verify the information provided by the smallholding Developers, perform the inspections it deems necessary and detailed analysis of each
subdivision, to determine the risks to the health and safety of persons generates the settlement, in answer to the technical, environmental and legal requirements that must be resolved and must be issued within a period not to exceed sixty working days from receipt of the request
, the feasibility of regularization and the requirements for that the subdivision is regularized.

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The competent authority, it may be assisted by technical opinions issued by the Institute of Legalization of Property, to rule on the physical, legal, social and cadastral reality of lotificaciones
subject to regularization process.

If not coincidieren the documents verified with inspections or analysis
information, the application will be returned along with its annexes to the parcelarios developers, through written communication, which are indicated inconsistencies, in order that corrections are made that may take place, for which will have two months from the communication.
The competent authority may consult other institutions to determine the application of the exclusions of Article 2 paragraph d) of this Act. For this, and if in addition the Lotificación
is within the radius of two kilometers away from any archaeological site or site of cultural interest, and inspection by the Ministry of Culture of the Presidency, resolve whatever necessary archaeological studies, the applicant must contract the performance of these studies
if so NOTED the competent authority, based on the criteria and reports that can be applied to the case.
The owner and developer Parcel shall be obliged to deliver all the information and
schedule of activities, to carry out studies that may be applicable to the competent authority, prior approval of the governing body of the matter of the studies requested; otorgándose for completion of the study a period not exceeding forty days to present the final results endorsed by the competent institution in the field. "
Art. 7. Article 46 reformed as follows:.
"Art. 46. ​​The competent authority shall use as parameters for the issuance of the resolution of regularization, urbanization requirements of subdivisions qualified with degree of urbanization U4 in accordance with the prescribed in the Regulation of the Law on Urban Planning and Construction with regard || | to Parcelaciones and Urbanizaciones Habitacionales respect of lace gutters, rainwater and sewage, social facilities and green area. In the above cases, as well as for the case of drinking water Parcel owner and developer should jointly and severally liable,
accordance with Article 42 of this Law, consider at least one solution according to the location and degree urbanization set in the Regulation of the Law on Urban Planning and Construction regarding Parcelaciones and Habitacionales Housing estates and if they can not meet these requirements,
shall submit a viable solution in accordance with the requirements established by regulation, along with the corresponding technical backup.
In special cases, which pose a risk to the safety of the population, exceptionally competent authority may request the Ministry of Environment and Natural Resources an opinion, which shall be based on environmental criteria in
technical guidelines, to be issued by agreement Branch of Environment and Natural Resources, within sixty days after the entry into force of this Act.
the Ministry of Culture of the Presidency, will responsible for determining the existence of archaeological sites or cultural heritage, through the criteria established in the special regulations of cultural heritage, respecting the procedures contained in this Act and its Regulations. The area to be considered will be referred to the third paragraph of Article forty five of the present

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Law.
The competent authority shall rule on all aspects set out in this Act and its regulations, may make inquiries if necessary to other authorities who have a period of twenty working days to respond categorically and decisive on || | consultations, these authorities may apply for studies in special cases, for which it is subject to the provisions in the final paragraph of the previous article "
Art.. 8. Article 47 reformed as follows:.
"Art. 47.- Parcel Developer shall within twenty working days to decide on the resolution
regularization feasibility and requirements to declare regularized the subdivision and present new proposals for compensation or technicality thereof, if it is required. After the previous period, the competent authority shall issue
resolution determining the conditions under which the subdivision shall be rectified and compensation to be met by parcelarios Developers.

The Parcel Developer may request in writing to the competent authority and even three times, extension for submission of the statement on the feasibility of regularization resolution and / or return, justifying the reasons for the request, which will be extended by within which the competent authority considers reasonable to meet the requirements, provided they
check the veracity with reliable backup documents. In any case you will be notified within a maximum of ten working days after receipt of the request, and the time will run as resolved from the third working day of the date issued the order for extension. The
breach the deadline given or, where applicable extensions if the maximum allowed by this law be accorded, if the developer does not meet Parcel required by the resolutions issued by the competent authority, shall be considered as abandonment of the process typified in Article 60 and shall
apply the sanctions regime established by this Act regularization
the resolution issued by the competent authority shall contain at least:.
a) the delimitation of the area that Lotificación declares regularized and areas that are declared not regularizables if any;
B) The delimitation of green areas and social facilities, if any;
C) The reserve areas for the development of general systems of road infrastructure and household utilities, among others, affecting the area;
D) Identification of areas of environmental protection and risk areas;
E) Determination of the compensation to be made by the Developer Parcel;
F) Technical Reports related to archaeological, cultural and urban requirements have requested; and

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g) Signature of the competent authority.
If it is required to update plans, it must be undertaken by the prior to the issuance of regularization Lotificador resolution.
The resolution adjustment may be contacted in an appeal to the Ministry of Public Transportation Works and Housing and Urban Development or to the City Council where appropriate, of any resolution by which compensation is imposed. "
Art. 9. Intercálase between Articles 47 and 48, Article 47-A as follows:.
"Art. 47-A.- If the plans already approved in regularization contain errors to be corrected to be presented to the CNR, the applicant may submit a request for modification or rectification plan approval for containing errors, which should base
its application.
The competent authority shall process the application if it is found that the errors are correctable and
contents are not such as to distort the regularization granted. The new resolution will be attached to the original record of regularization and will be part of it.
The payment of the rights to this request shall be equal to the amount paid twenty five in concept of regularization procedure
percent, with a minimum of fifty dollars of the United States of America. "
Art . 10. Article 49 reformed as follows:.
"Art. 49.- Once the resolution issued feasibility of regularization, the competent authority shall deliver
office to the Registry of Real Property and Mortgages corresponding to that preemptively note the existence of the fragmentation in the corresponding registry or background, safeguarding , the general or property which has developed the Lotificación, any act
future disposal or persecution, if not previously existed a right registered in favor of third parties; without prejudice to the persecution that may be made on the cash flows product accounts payable by holders lot, and the other elements of Parcel Developer
subject to tax. That office shall contain the area that has developed Lotificación.
The effects of such entry shall prevent the registration of any lien or transfers
than that this article allows. They can register transfers of ownership in favor of the holders batch of lots included in the division, provided they have fulfilled their contractual commitments and parcelling is properly regularized in accordance with
stipulated in this Law. in addition, the transfer shall be entered upon death of the property owner. Domain transfers the remains or portion of the general property that is not affected by the development of the division is also entered.

The marginalization of the Preventive annotation existence of parcelling not be grounds to prevent the submission, processing and registration in the National Registration Center of any act or proceeding in the regularization procedure, and should not compromise any of these | ||
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domain or marginalized properties.
In cases where the property or where the subdivision is developed, it is resolved by the competent authority, a negative adjustment, not the craft will be issued to the first paragraph of this article refers to . "
Art. 11. Intercálase between Art 55 and Art 56 Article 55-A, as follows:...
"Art. 55-A.- Parcel Developer shall within one hundred and eighty working days from the registration of the dismembered head of his own, as the preceding articles, to transfer lots regularized the batch holders who have canceled
in its entirety the price thereof.
The competent authority may request the National Registration Center the registry
corresponding tracts in enrollment arising from the regularization. In case of non-compliance with the provisions of the preceding paragraph, the competent authority or batch holders may lodge a complaint at the Consumer Advocate to initiate the sanctioning
procedures.
If any of the holders batch is unable to appear the execution of the deed of sale, either be missing or have died, Developer
Parcel communicate in writing this situation to the competent authority in order that the sanctions procedure set out in the preceding paragraph does not apply, presenting evidence of having notified the holders batch completion of the procedure of regularization and
call for the execution of the deed of sale in their favor. "
Art. 12. Article 59 reformed so.
"Art. 59. In the present case, on the property of relapse Subdivisions mortgages, liens or other encumbrances that prevent sales to formalize plots for cardholders lot, the owners
general estate and its creditors should formalize a plan to ensure the payment of claims and obligations and the cancellation of encumbrances within a period not exceeding three years, counted from the dismemberment in his own head.
This agreement shall contain the proviso that once the samll batch has paid in full its lot or lots traded within the period specified in the preceding paragraph, the creditor will liberalize partially
general property and proceed to deeding the lot or lots for the samll batch.
Payments may remember that they are charged to the cash flows from the Lotificación. "
Art. 13. Amend paragraphs a) and b) of Article 61, as follows:.
A) "The infringement contained in the letter e) of the previous article, is punishable by a fine whose amount will be between seventy-five and two hundred and fifty minimum monthly wages

10 urban
in the commercial sector, without prejudice to the corresponding criminal and civil liability; and
b) The offenses referred to in subparagraphs a), b), c) and d) of the preceding article, shall be punishable by a fine of two hundred fifty amount will range and one and two thousand monthly minimum wages
urban in the commercial sector, without prejudice to the corresponding criminal and civil liability. "
Art. 14. Article 64 reformed as follows:
"Art. 64.- a single payment is established, the process of regularization of Subdivisions, which
be calculated based on a penny of the United States of America, per square meter of the total area of ​​the proposed subdivision to regularize requested.
The only payment described above and the provisions of Art. 47-A, must be made with payment order on the collector of the competent authority, and will be destined for the sustainability of processing processes Regularization Subdivisions. In the case of the Department of Housing and Urban Development
they will be admitted to the Special Activities Fund of the Ministry of Public Transportation Works and Housing and Urban Development.
In any case, charges set out in this Special Law, can not be modified by the competent authorities for
process Subdivisions regularization under Article 43 of the same. "

Art. 15.- This Decree shall enter into force eight days after its publication in the Official Journal.
GIVEN IN THE BLUE ROOM OF THE LEGISLATIVE PALACE: San Salvador, on the sixteenth day of July in the year two thousand and fifteen.
LORENA GUADALUPE MENDOZA PEÑA, PRESIDENT.
GUILLERMO ANTONIO NAVARRETE GALLEGOS Ana Vilma Albanez de Escobar, FIRST VICE. SECOND VICE PRESIDENT.
ORANTES SERAFIN JOSE RODRIGUEZ, NORMAN NOEL GONZALEZ Quijano, THIRD VICE. FOURTH VICE.
SANTIAGO FLORES ALFARO,
FIFTH VICE.
GUILLERMO FRANCISCO MATA BENNETT, DAVID ERNESTO MOLINA REYES, First Secretary. Second Secretary.

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MARIO ALBERTO GUERRERO TENORIO, REYNALDO ANTONIO LOPEZ Cardoza Third Secretary. Fourth secretary.
JACKELINE AVALOS NOEMI RIVERA, JORGE ALBERTO ESCOBAR BERNAL, QUINTA Secretariat.
ABILIO Orestes MENJIVAR RODRIGUEZ, JOSE FRANCISCO LOPEZ MERINO, seventh Secretary. EIGHTH SECRETARY.
NOTE: In compliance with Article 97, subsection 3 of the Rules of Procedure
This organ of the State, it is noted that this decree was received on August 11, 2015, with observations made by the President of the Republic, resolving, this Legislature partially accept those comments, at the plenary session on Thursday, August 20, two thousand fifteen
.
ESCOBAR JORGE ALBERTO BERNAL,
SIXTH SECRETARY.
PRESIDENTIAL HOUSE: San Salvador, after two days of September of the year two thousand and fifteen.
PUBLISHED,
Salvador Sanchez Ceren,
President of the Republic.
Gerson Martinez,
Minister of Public Works, Transportation and Housing and Urban Development.
OJ No. 160 Volume No. 408
Date: September 3, 2015 SV
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Adar 09/23/2015 LEGISLATIVE INDEX