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LEGISLATIVE ASSEMBLY-REPUBLIC OF EL SALVADOR
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DECREE NO 48
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 On social function.
II.-That on January 25, 2012, this Assembly approved the Legislative Decree No. 993, which was published in the Official Journal No. 46, Volume No. 394 of March 7 of the same year, which contains the Special Law of Certificates and
Parcels for Housing Use.
III. The procedure for regularisation of established lotifies
in the aforementioned regulations, has faced practical difficulties that have hindered the legalisation of different buildings, which has prevented the competent authorities to legalize the ownership of these properties in favour of the families of scarce resources that inhabit them; Thus, it is necessary
to introduce reforms to the aforementioned law, which allow to make its application viable and streamline.
BY TANTO,
in use of its powers and on the initiative of the Diputadas: Sonia Margarita Rodríguez Siguenza, Dina
Yamileth Argueta Avelar and with the support of the Martyr Arnoldo Marín Villanueva.
DECCRETA,
the following Reforms to the Special Law on the Loadings and Parcelations for Housing Use;
issued by Legislative Decree No 993 of 25 January 2012 and published in the Official Journal No 46, Volume N ° 394 of March 7, that same year.
Art. 1.-Replace Art. 2 with the following:
APPLICATION SCOPE
" Art. 2.-This Law shall be governed by this Law, including the Transitional Regime established in Title II, all the lotifies for housing use, except the following:
a) Projects classified as complete housing type 1 and 2, in accordance with the provisions of Art. 47 of the Regulations of the Law of Urbanism and Construction in relation to Parcels and Housing Urbanizations;
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b) Parcels funded, developed or owned by the State, institutions public, local governments within the framework of their privileges and those governed by the laws
related to land reform;
c) Those located in forest reserves and protected natural areas established by
Decree by the Ministry of the Environment and Natural Resources; and those in the area
d) Those located in archaeological zones or identified as cultural heritage;
e) Those located in the right of way according to the respective Law;
f) Those located in protection zones, in rivers, streams and risk zones;
g) Those identified at very high risk for tsunami, as determined by the technical criterion in the vulnerability and risk catalogue due to the tsunami flood on the coast of El Salvador;
h) Those located in the coastal zone;
i) Tugurs and areas marginal;
j) Invasions, usurpations, and other situations that constitute a violation of the right of property, including possession of bad faith; and,
k) All lotifies or parcelations that do not have housing use.
The derogation provided for in this Article shall not apply, where the Local Governments are the placing on the market of the lots or parcels.
The cases referred to in the literal (c) may be subject to application of the transitional, established in this Law, after the opinion of the Ministry of Environment and Resources Natural, with respect to the environmental and technical measures to be implemented, that allow to counteract the risks or
environmental impacts caused, the one that must be transmitted not later in the twenty working days following the receipt of the application. The lack of this opinion will mean that the regularisation process can continue.
The competent authority will assess and resolve what is appropriate, as long as the relevant information is found. marketed, in accordance with this Law, by fifty percent,
of the lots that make up the lotification.
For the purposes of this Law, effective habitability, construction of
housing in which a natural person or a family group actually resides.
In case of doubt about the application of the exclusions, the consultations will be forwarded to the appropriate authorities, who will have to express their opinion in writing, in a categorical and final form
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on the consultation carried out and under the appropriate Law, within the time limit for each institution is established in the Regulation of this Law; otherwise it will be resolved in a positive sense,
understanding that the consulted authority has responded in the sense that it is accepted that there is no impediment to the application of this Law and its Special Regime, as appropriate to the legal powers of the authority consulted.
For the sanctioning effects, determined in Chapter 6 of Title First and Chapter V of Title 2 of this Law, all the lotifications that are found
shall be included within the scope of this Law, except those described in literal (b) of this Article.
The Regulation of this Law shall establish the specific procedures for the determination of exclusions in the This is particularly important for the institutions of the Single Window, in accordance with its powers. or the competent authority to know about the regularisation process, the
to determine in each case, the exclusions mentioned in the previous literals. "
Art. 2.-Reform the fourth paragraph of Art. 28 as follows:
" Corresponding to the VMVDU through its holder, knowing of the sanctioning procedure and imposing the sanctions for the actions or omissions provided for in the literals (e), (f) and (g) of Article 26 of this Law, by means of the procedure laid down in the following Articles. "
Art. 3.-Reform of Art. 40 as follows:
" 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 mandatory for the competent authority to terminate the regularisation processes before the filing and the Parcelarian Developers and
owners to comply with the requirements of the competent authority at the different resolutions issued.
Within this regime, the loggers must begin their paperwork, up to one hundred and eighty days
calendar before the end of the period of duration of such a regime either before the Deputy Minister of Housing and Urban Development or other competent authority.
They shall not be subject to the applicability of the Transitional arrangements, those of the lotifications or parcels for residential use whose development has been initiated within the period of twenty years from the date of the validity of this Law, without having obtained the corresponding permits or that these
have lost their validity to September 7, 2012. The Parcelary Developer must demonstrate the above by submitting:
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a) The marketing documents that prove the existence of the Lotification within the period previously established, as required by Article 41 of this Law;
and,
b) Having at least 80 percent of the lots entered in the Property Registry
Root and Mortgage.
Previous requirements may be requested to register missing lots following
the cadastral and registry process of simple segregations, provided that the building upon which the lotification is located or part thereof, has the area recorded sufficient for this purpose and there is no affectation in the identification of the lots to be enrolled.
The competent entity to establish compliance with the above criterion will be the National Records Center through the Cadastral Maintenance Offices of the Directorate of the Geographic Institute
and the National Catastro.
For this purpose, the provisions of the Regulation of this Law.
If the owner or Parcel Developer is not in agreement with the provisions of the Catastral Maintenance Offices, he may use that resolution, as provided for in Articles 17, 18, 19 and 20 of the Law of Uniform Procedures for the filing, processing and registration or deposit
of instruments in the Registers of the Root and Mortgage Property, Social of Infurniture, Trade and Intellectual Property, issued by Legislative Decree No 257 of 28 January 2004, published in the Official Journal No 126, I take Number 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. 4.-Modify Art. 41 as follows:
OF THE TEST OF THE START DATE OF THE MARKETING
" Art. 41.-The beginning of the marketing of the lotification may be proved by any of the following means:
a) By means of the submission of the contracts for the purchase of the term lots, accounting records of the company duly legalized; and,
b) By means of record cancellation or feisty receipts and with accounting support that check periodic payments from the Lots-habitants to the Parcelary Developer as part of the total price to cancel for the lots.
In case the lotification is not inhabited or does not count the competent authority may also request, in addition to the above mentioned marketing tests, any of the following:
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a) A sworn statement issued before a notary, in which the lot used with the that lots have been marketed; and,
b) Constancy of initiation of the Lotification issued by the Municipal Mayor of the jurisdiction where the property of the parcelation is located. And in cases that is
it may be considered proof of marketing of those listed in the first paragraph of this article. "
Art. 5.-Reform the second and fifth paragraphs of Art. 44 and incorporate an eighth indent, as follows:
" The competent authority shall convene the Parcelarian Developers who have developed or marketed Lotifications without counting with the appropriate legal permissions, as often as is necessary and with the periodicity that it deems appropriate during the term of the term referred to in the
Art. 40 of this law, by means of general publications in two national circulation newspapers, or guidelines in radio means, to present the single form of regularisation within a maximum period of six months, counted from that date. publication, together with the accompanying documentation in which they can
verify the general data of the applicant and the lotified building, as well as the legal, physical, social, registry and cadastral situation of the buildings at the time of the start of the processing.
The regularization requests for those Lotifications that are found located in areas
at risk, technically established by the Ministry of Public Works, and on which no compensation will be provided, a plan of mitigation of works supported by the corresponding technical studies will be presented, in where it is established those responsible for executing the works and the respective schedule
of execution, which will be evaluated by the VMVDU, who may or may not give its approval. In case of not having such approval of VMVDU, they will be denied without further processing. The Lotifications may be partially regularised in case the conditions of risk prevent it from being in total form.
The competent authority which is aware of the existence of a Lotification developed without authorisation or which is the subject of denunciation by the habitants lot or by any person or
institution, shall notify the owner or the Parcelario Developer so that within the period that it comprises the appeal in force it is subject to the procedure of regularisation, and in the event of non-compliance with the provisions of this Article, it shall be infringement and will proceed according to the established
in Chapter V of Title II of this Law. "
Art. 6.-Reform Art. 45, as follows:
" Art. 45.-The competent authority shall verify the information provided by the Parcelaries Developers, carry out the inspections it deems necessary and the detailed analysis of each
lotification, in order to determine the risks existing to the health and physical safety of the people who generate the settlement, pronouncing on the technical, environmental and legal requirements that must be resolved and must issue within a period not greater than sixty working days from from the receipt of
the request, the regularization feasibility, and the requirements for the lotification to be regulated.
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The competent authority may be assisted by technical opinions issued by the Institute of Legalisation of the Property, in order to decide on the physical, legal, social and cadastral reality of the
lotifications submitted to the regularization process.
If the documents contributed with the verified in the inspections or analysis
of the information, the request will be returned together with its annexes to the parcelary developers, through written communication, in which the inconsistencies are pointed out, in order for the corrections to be made to take place, for which they will have two months counted from the communication.
The competent authority may consult with other institutions to determine the application of the exclusions in Article 2 (d) of this Law. For the above, and if in addition the Lotification
is located within the radius of two kilometers away from some archaeological site or cultural site, and from the inspection carried out by the Ministry of Culture of the Presidency, (a) where it is necessary to carry out archaeological studies, the person concerned shall contract the conduct of such studies
if the competent authority so requires, on the basis of the criteria and reports which may be applied to the case.
Owner and Parcelary Developer will be required to deliver all information and
schedule of activities, for the performance of the studies to be carried out, to the competent authority, prior to the approval of the institution concerned with the subject of the studies requested; a period of not more than 40 working days to present the final results endorsed by the competent institution on the subject. '
Art. 7.-Reform Art. 46 as follows:
" Art. 46.-The competent authority shall use as parameters for the issuance of the regularisation resolution, the urbanisation requirements of qualified parcelations with a degree of urbanisation U4 in accordance with the provisions of the Regulation of the Law of Urbanism and Construction in the relative
to Parcelations and Housing Urbanizations, with respect to córtes, rainwater and black waters, social equipment and green zone. In the above cases, as well as for the case of drinking water services the owner and the Parcelario Developer shall be responsible for solidarity,
in accordance with Article 42 of this Law, consider at least one solution according to the location and degrees of urbanization established in the Regulations of the Law of Urbanism and Construction in relation to Parcels and Housing Urbanizations and in case of not being able to meet these requirements, it will be
present a viable solution in accordance with the requirements to be laid down in regulation, together with
In
special cases, which represent a risk to the safety of the population, the competent authority may exceptionally request the Ministry of the Environment and Resources Natural an opinion, which must be based on the environmental criteria established inthe technical guidelines, which must be issued by agreement of the Environment and Natural Resources Ramo, in the first sixty days after the entry into force of this Law.
The Secretariat of Culture of the Presidency, it will be responsible for determining the existence of archaeological or cultural heritage sites, by means of the criteria established in the special regulations of cultural heritage, respecting the procedures contained in the present Law and its Rules of Procedure. The area to be considered, will be referred to in the third paragraph of article forty-five of the present
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Law.
The competent authority shall decide on all aspects set out in this Law and its Rules of Procedure, and may consult if it deems it necessary for other authorities to have a period of 20 working days to To respond in a categorical and decisive way about the
queries, being able these authorities to request the conduct of studies in special cases, for which they will be in the final section of the previous article. "
Art. 8.-Reform Art. 47 as follows:
" Art. 47.-The Parcelary Developer will have a deadline of twenty working days to decide
on the resolution of the feasibility of regularization and the requirements to declare regularized the lotification and to present new proposals of compensation or technical details of the same, if required. After the previous deadline, the competent authority will issue resolution determining the
conditions under which the lotification should be regularised and the compensation to be met by the Parcelaries Developers.
Developer Parcelario may request in writing before the competent authority and for up to three times, extension for the presentation of the pronouncement on the resolution of the feasibility of regularization and/or return, justifying the reasons of the application, which shall be extended by the time limit which the competent authority considers prudential to meet the requirements, as long as they are
check the veracity of the requirements with strong backing documents. In any case, it shall be notified within a maximum period of 10 working days after the application has been received, and the time limits shall be met as determined from the third working day of the date of the extension of the extension. The
failure to comply with the deadline granted or if applicable if the maximum of extensions permitted by this law is granted, if the Parcelary Developer does not comply with the requirements of the resolutions issued by the competent authority, consider how to abandon the process defined in Article 60 and proceed
apply the sanctioning regime established in this Law.
The regularization resolution issued by the competent authority shall contain at least:
a) The delimitation of the area of the Lotification that is declared regularized and areas that are declared
b) The delimitation of green areas and social equipment, if any;
c) The reserve zones for the development of the general systems of road infrastructure and home public services, between others, which affect the area;
d) Identification of environmental protection zones and risk zones;
e) Determination of compensation to be made by the Parcelary Developer;
f) Technical reports related to the archaeological, cultural and urban requirements that have been requested; and,
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g) Signature of the competent authority.
In case an update of plans, this must be done by the Loticizer prior to the issuance of the resolution of regularization.
The resolution of regularization can be appealed against the Ministry of Public Works, Transport and Housing and Development Urban or City Council where appropriate, of any resolution by which it is impose compensation. "
Art. 9.-Intercalase between Articles 47 and 48, Art. 47-A as follows:
" Art. 47-A.-If the plans already approved in regularisation contain errors which are to be remedied in order to be submitted to the RNC, the person concerned may submit a request for amendment or rectification of approval of plans for the errors which contain, in which you will base your
request.
The competent authority will be processing the request if the errors contained
are found to be subsable and are not such that it distorts the regularisation granted. The new resolution will be attached to the original file for regularization and will be part of it.
The payment of the rights corresponding to this application will be the equivalent of twenty-
percent
the amount cancelled in concept of the process of regularization, with a minimum of fifty dollars from the United States of America. "Art. 10.-Reform Art. 49 as follows:
" Art. 49.-Once the resolution of the feasibility of regularisation has been issued, the competent authority
will free the Registry of the corresponding Root and Mortgage Property, so that the existence of the parcelation in the or the corresponding records, safeguarding, the or general buildings where the Lotification has been developed, of any act
future of disposition or persecution, provided that there was no previously a registered right in favour of third parties, without prejudice to the persecution which may be carried out on the cash from the accounts payable by the habitants, and the other items of the Parcelary Developer subject
to lien. This trade must contain the area in which the Lotification has been developed.
The effects of this annotation will prevent the registration of any taxes or transfers
other than those that this article permits. Transfers of domain may be entered in favour of the lot of the lot, of the lots included in the area, provided that they have fulfilled their contractual commitments and that the parcel is duly regulated as to the
stipulated in this Law. The transfer of the owner of the building will also be registered. The transfer of domain of the remains or portion of the general building that is not affected by the development of the parking lot will also be entered.
The marginalization of the Preventative Annotation of the existence of a parcelation, will not be cause to prevent the filing, processing and registration in the National Records Center of any act or diligence within the regularization procedure, and none of these will be compromised by the
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domain of the or the marginalized properties.
In those cases where he or buildings where the lotification is developed, a decision by the competent authority, a refusal to regularisation, shall not be issued to the office referred to in the first subparagraph of this Article. '
Art. 11. Intercalase between Art. 55 and Art. 56, Art. 55-A, as follows:
" Art. 55-A.-The Parcelary Developer shall have a period of one hundred and eighty working days from the inscription of the writing of the dismemberment in the head of its owner, in accordance with the preceding articles, in order to transfer the regulated lots to the lot habitants who would have cancelled in their
the full price of the same.
The competent authority may request the National Records Center for
correspondingregistration records in the license plates originating from the regularisation. In the event of non-compliance with the provisions of the preceding subparagraph, the competent authority or the habitants may lodge the relevant complaint with the Consumer Ombudsman to initiate the sanctioning procedures.
corresponding.
In case any of the lot of habitants cannot appear to be granted the public deed of sale, either because they are of unknown whereabouts or because they have passed away, the Developer
Parcelario will communicate in writing this situation with the competent authority for purposes other than the sanctioning procedure laid down in the preceding subparagraph, presenting evidence that the lot has been notified of the completion of the regularisation procedure and the call for the
grant of the purchase and purchase deed in your favor. "
Art. 12.-Reform of Art. 59, as follows:
" Art. 59.-In the event that, on the premises of the Lotifications, mortgages, liens or other charges that prevent the sales of the parcels in favor of the lot habitants, the
owners of the general buildings and their creditors must formalize a plan that guarantees payment of the credits and obligations and the cancellation of the charges within a period not greater than three years, counted from the dismemberment in the head of its owner.
This agreement must contain the condition that once the lot has cancelled its lot or lots, marketed within the time limit set in the preceding literal, the creditor
will partially relide the general building and will proceed to the writing of the lot or lots in favor of the lot of the lot.
The payments may be agreed upon that are charged to the monetary flows coming from the Lotification. "
Art. 13.-Amend (a) and (b) of Art. 61, in the following terms:
a) " The infringement contained in point (e) of the preceding article shall be punishable by a fine of between seventy-five and two hundred and fifty wages. monthly minimums
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urban in the trade sector, without prejudice to civil and criminal liability
b) The offences referred to in points (a), (b), (c) and (d) of the previous Article shall be punishable by a fine of between two hundred and fifty-one and two
thousand urban minimum monthly salaries in the trade, without prejudice to the corresponding civil and criminal liability. "
Art. 14.-Reform Article 64 as follows:
" Art. 64.-A single payment is established, due to the process of regularization of the Lotifications, which
will be calculated based on a penny of the United States of America, per square meter, of the total extension of the project of the to be regularised.
The single payment described above and the one set out in Art. 47-A, must be made with a payment order in the collecturia of the competent authority, and shall be intended for the sustainability of the processing of Processes for the Regularization of Lotifications. In the case of the Vice-Ministry of Housing and
Urban Development, they will be admitted to the Special Activities Fund of the Ministry of Public Works, Transportation and Housing and Urban Development.
In any case, the established collections In this Special Law, they may not be modified by the
competent authorities to know of the process of regularization of the Lotifications according to 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 HALL OF THE LEGISLATIVE PALACE: San Salvador, at the sixteen days of July 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.
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MARIO ALBERTO TENORIO GUERRERO, REYNALDO ANTONIO LÓPEZ CARDOZA, THIRD SECRETARY. FOURTH SECRETARY.
JACKELINE NOEMI RIVERA AVALOS, JORGE ALBERTO ESCOBAR BERNAL, FIFTH SECRETARY.
ABILIO ORESTES RODRÍGUEZ MENJÍVAR, JOSÉ FRANCISCO MERINO LÓPEZ, SEVENTH SECRETARY. EIGHTH SECRETARY.
NOTE: In compliance with the provisions of Article 97, of Section 3 of the Interior Regulation
of this State Body, it is stated that this Decree was received on 11 August 2015, with observations made by the President of the Republic, resolving, this Legislative Assembly, partially accept these observations, in the plenary session of the day Thursday twenty August of the year two thousand
fifteen.
JORGE ALBERTO ESCOBAR BERNAL,
SIXTH SECRETARY.
CASA PRESIDENTIAL: San Salvador, two days of the month of September of the year two thousand fifteen.
PUBESQUIESE,
Salvador Sánchez Cerén,
President of the Republic.
Gerson Martínez,
Minister of Works Public, Transportation and Housing and Urban Development.
D. O. N ° 160 Took N ° 408
Date: September 3, 2015
SV/adar 23-09-2015
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