Key Benefits:
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DECEMBER No. 521
THE LEGISLATIVE ASSEMBLY OF THE REPUBLIC OF THE SALVADOR,
CONSIDERING:
I.- In accordance with article 101 of the Constitution of the Republic, the State shall promote economic and social development through increased production, productivity and rational use of resources.
II.- In accordance with article 102 of the Constitution of the Republic, the State shall promote and protect private initiative, within the conditions necessary to increase national wealth and to ensure the benefits of it, to the largest number of inhabitants of the country.
III.- That the construction industry, as a dynamizing sector of the national economy, which not only contributes to overcoming the country ' s housing deficit, but also constitutes a source of many jobs, must foster its development.
IV.- That in order to promote the economic and social development of the construction industry, and to promote private initiative, it becomes necessary to create legal provisions that are intended, to expedite the procedures to be followed for the authorization of the different construction projects in our country.
TANTO,
in the use of its constitutional powers and at the initiative of the President of the Republic, through the Minister of Public Works, Transport and Housing and Urban Development, and with the support of Mártir Arnoldo Marín Villanueva.
Describe the following:
SPECIAL LAW OF TRAMITS FOR THE PROJECT OF CONSTRUCTION
CHAPTER I
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Object
Art. 1.- The purpose of this Act is to promote the economic and social development of the country, through the acceleration of administrative procedures and procedures carried out by the Executive Body, autonomous entities and municipalities, for the granting of permits and authorizations for the
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development of construction and plotting projects, facilitating growth in the efficiency of the public administration.
Scope
Art. 2.- The projects, to which the present law applies, are as follows:
(a) Construction projects of any nature, in the coastal-marine strip. Sanchoo, Sanchoo, Sanchoo
(b) Construction and plotting projects throughout the national territory irrespective of their nature, unless their implementation is prohibited by the legal system.
These projects will not be subject to this law, projects for the construction of houses or commercial premises individually, or the refurbishments, modifications, restorations or rehabilitations of property with cultural value, sub-parcellations, simple segregations, or projects regulated by the Special Law on Lotifications and Plots of Habitational Use.
Material scope
Art. 3.- The administrative procedures and procedures covered by this Act are intended to obtain the following permits and authorizations:
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I. PRELIMINARY EVALUATION
(a) Invoice of drinking water supply and sewerage or management of excrets and gray waters;
(b) Authorization of the black water disposal system;
(c) Fire prevention certification and safety measures;
(d) Invoice for the collection of solid wastes;
(e) Qualification of place;
(f) Construction line;
(g) Invoice of rainwater drainage;
(h) Road review and zoning;
(i) Pronunciation on the need for studies on environmental issues and cultural heritage.
II. ADOPTION OF PERMISSIONS
(a) Environmental permit;
(b) Licensing of work by the State Secretariat or entity responsible for the administration of the country ' s cultural heritage;
(c) Permission of construction and plotting;
(d) Approval of aqueduct and sewer systems.
III. RECEPTION OF ARTWORKS AND PROJECTS
(a) Reception of works;
(b) Permission to dwell;
(c) Capacity of aqueduct and sewer systems or phases.
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CHAPTER II
INTEGRATED SYSTEM OF TRAMITS AGILIZATION FOR CONSTRUCTION PROJECTS AND COORDINARY COMMITTEE OF THE SYSTEM
From the Integrated System of Transactions for Construction Projects
Art. 4.- Consider the Integrated System of Acceleration for Construction Projects, which will henceforth be called the System.
The System shall consist of the following institutions:
(a) Presidency of the Republic;
(b) Deputy Ministry of Housing and Urban Development;
(c) Municipalities, individually or associated, with competence in the processing of construction and plotting permits;
(d) Ministry of Environment and Natural Resources;
(e) Ministry of Health;
(f) Ministry of Labour and Social Security;
(g) The State Secretariat or agency responsible for the administration of the country ' s cultural heritage;
(h) National Aqueduct and Sewerage Administration;
(i) National Fire Service; and
(j) National Registry Centre.
All government agencies, autonomous institutions, municipalities and their holders shall be obliged to collaborate with the System, for the implementation of this Law, for which they shall conform to the deadlines established therein.
System Coordinating Committee
Art. 5.- Consider the System Coordinating Committee, henceforth the “Committee Coordinator”, which will be composed of the representatives of each of the following institutions:
(a) A representative of the Vice-Ministry for Housing and Urban Development;
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(b) A representative of the Presidency of the Republic;
(c) A representative of the Secretariat of State or agency responsible for the administration of the country ' s cultural heritage;
(d) A representative of the Ministry of Environment and Natural Resources; and
(e) A representative of the Municipalities Corporation of the Republic of El Salvador.
The Coordinating Committee will be chaired and coordinated by the representative of the Vice-Ministry for Housing and Urban Development.
Functions of the Coordinating Committee
Art. 6.- The Coordinating Committee shall have the following functions:
(a) To advise and give recommendations on any aspect related to the fulfilment of the objectives of this Act;
(b) Issue the internal operating rules necessary for the proper functioning of the Office for the Integration of Urbanization and Construction Procedures referred to in Article 8 of this Law;
(c) Collaborate in the resolution of conflicts that may arise between the institutions of the System in the granting of permits;
(d) Verify that the authorities involved comply, within the time frames allocated for each, with the coordinated, prompt and effective processing of the requested permits:
(e) Assess the cases in which administrative silence took place in a positive sense or a time limit established by this law was not complied with, referring to the relevant information authorities, taking into account the provisions of article 30 of this Act.
(f) Manage the necessary resources for the achievement of the purposes of this Act;
(g) To give the favourable opinion for the categorization of projects, referred to in article 33 (b) of this Act; and,
(h) Any other function that is necessary for the fulfilment of the objectives of this law.
All decisions of the Coordinating Committee shall be taken by agreement of the majority of its members.
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Consultations
Art. 7.- In the course of its activities, the Coordinating Committee may consult other bodies, both private and public, as well as form advisory groups where it deems necessary, integrating them according to the needs of the case, with the aim of enhancing the achievement of the purposes of this Act. The Committee should also submit a quarterly report on public accountability, which would provide information on the implementation of the law.
CHAPTER III
OFFICE OF INTEGRATION OF URBANIZATION AND CONSTRUCTION
Office of Integration of Urbanization and Construction Procedures
Art. 8.- The Coordinating Committee will have an integrated office for the reception and management of applications for building and plotting permits, including in the scope of this law, which will henceforth be called OIC, consisting of the following institutions:
(a) Ministry of Environment and Natural Resources;
(b) The Secretariat of State or agency responsible for the administration of the country ' s cultural heritage; and
(c) Vice-Ministry of Housing and Urban Development.
This Office will be operationally coordinated by the Vice-Ministry of Housing and Urban Development. Each delegate shall be entitled, after an agreement issued by the holder of the institution to which he belongs, of the respective authority to carry out the necessary activities, to be managed promptly, effectively, transparently and in compliance with the laws, the appropriate procedures; provided that such powers are not indelible.
This Office will have its headquarters in the city of San Salvador and will be able to install offices outside the city, depending on the institutional needs and resources, or merge with others of similar nature, for the best use of State resources.
The OIC must have a computer system, with a common reference of the files to be processed, which must be fed by all the institutions that belong to the System, publishing relevant information, about them, to the user, centrally; in addition, it will follow the deadlines, in order to develop efficiency alternatives in the process and compliance with the deadlines.
The OIC shall have the obligation to keep up-to-date information on the requirements, administrative procedures, criteria, environmental and cultural zoning, to provide it to the user; for such purposes, the system's member institutions shall have the obligation to update relevant information regarding their procedure.
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CHAPTER IV
PROCEDURE FASES
Phases of Procedure
Art. 9.- The procedures under this Act shall be handled through the following phases:
(a) Preliminary assessment;
(b) Adoption of permits; and
(c) Reception of works and projects.
Notwithstanding the foregoing, any interested person may make prior consultations with the competent authorities with regard to the feasibility of a property, for use in construction and plotting projects, in accordance with the relevant laws. In addition, any interested party may make individual proceedings before such authorities, in which case they must be carried out outside the OIC, in accordance with the relevant legislation.
None of the cases referred to in the preceding paragraph shall apply the time limits set forth in this Act, or the effects of positive administrative silence.
Pre-Trial Assessment Phase
Art. 10.- The Pre-Trial Phase includes the procedures referred to in Article 3, Roman I, of this Law, as well as the pronouncements of institutions with competence in environmental and cultural matters concerning feasibility, non-requirements or the need for special studies in accordance with the regulations governing them and the type of project.
As an act prior to the start of this phase, the user must request the feasibility of drinking water and sewage to the ANDA, which must be pronounced on these, within twenty days of the receipt of the request.
In the case that ANDA does not respond within the time limit referred to in the preceding paragraph, it shall be understood that the requested permission has been denied, so that the person concerned may lodge the remedy referred to in article 27 of this law or request the return of the request and its annexes.
In the event that the ANDA response is unfavourable, the interested party may, if he wishes, in order to obtain the corresponding authorization, submit a solution proposal for obtaining the feasibility initially requested before ANDA, which shall evaluate the proposed solution, resolve and notify the data subject within a period not exceeding thirty days.
During this phase, the user shall apply to the competent institutions for the other certifications, authorizations and permits required by the current regulations, in order to obtain the
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Final permits.
Preliminary Assessment Phase Transmission, Competence of the Vice-Ministry of Housing and Urban Development
Art. 11.- In those municipalities that do not have their local planning and development plans, and respective municipal ordinances, any particular or public institution, must apply for approval of building and plotting permits to the Vice-Minister for Housing and Urban Development, as well as requests for place qualification, line of construction, feasibility of rainwater, road review, and zoning; to present at this stage, in addition to the respective applications, the other documents to the 13
This documentation shall be submitted to the OIC, together with the legal requirements of competence of other institutions, related to the Pre-Trial Assessment Phase, for due processing in accordance with the procedure set out in this Act.
The Vice-Ministry of Housing and Urban Development will have a period of twenty days to resolve the above-mentioned requests.
Procedure of the Pre-Trial Evaluation Phase Competence of Municipalities or Technical Offices of Municipal Associations
Art. 12.- For projects that, according to their geographical location, the approval of the permits is the competence of the municipalities or technical offices of associations of municipalities, requests for qualification of place, line of construction, feasibility of drainage of rainwater, road review and zoning, shall be submitted directly by the user in the municipality or corresponding technical office, which shall have a maximum period of twenty days to be resolved, and must be notified to the interested party of the approval, or not.
In such cases, the authorities who are aware of the procedure shall notify the OIC by electronic means or technical means, not later than the next working day, of the receipt of the requests, with precise indication of their contents, as well as of the date and time of receipt of the request, for the purposes of accounting and compliance with the time limits set forth in this Act. In the same way, the competent authority shall notify the OIC of the final resolution of the proceedings.
With the approval of the proceedings, referred to in this article, by the municipalities or technical offices of associations of municipalities, the interested party shall submit to the OIC, the final resolutions of qualification of place, line of construction, feasibility of rainwater, road review and zoning, together with the other documents related to the following article.
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Documentation to Request Pre-Trial Evaluation
Art. 13.- The owner of a land, his representative or president, shall submit to the OIC, for the preliminary assessment stage, the following documents:
(a) Application form for the qualification of place, construction line, feasibility of rainwater, road review and zoning, where by the geographical location of the project, the Vice-Ministry of Housing and Urban Development has competence for the approval of permits; otherwise, the final resolutions related to these procedures issued by the competent authority shall be submitted; unless the OIC has issued certification where it shows that the administrative silence has been operating in a positive sense;
(b) Documents that credit the applicant ' s personry and the authority to request approval of building and plotting permits in respect of the land, if any;
(c) Original testimony or certified copy, containing the property;
(d) Catastral location issued by the National Registry Centre;
(e) Environmental form and requirements set out in the Environmental Law and its Regulations, if required, in accordance with the guidelines and agreements issued in the field of Environment and Natural Resources;
(f) Application forms for evaluation of the project with respect to cultural, archaeological and paleontological content;
(g) Resolution of ANDA or other competent authority on the request for the feasibility of drinking water and sewage;
(h) Authorization of the excreta and gray water management system, if there is no feasibility of drinking water and sewerage by ANDA;
(i) Receipts of payment for processing, according to the prices and tariffs that are legally established, for each of the institutions that require them.
(j) Copy of all documents submitted, including plans, according to legally established requirements.
(k) Other required documents, in accordance with the current legal system.
The relevant institutions shall publish the forms and documents required at this stage, in their respective electronic pages, so that they may be downloaded by the interested parties, which may not contain more requirements of those required in the applicable regulations, decrees or agreements or different information related to the verification of the above requirements.
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Return of documents
Art. 14.- The OIC shall have the power to return the applications and all its documentation to the interested party, if it is not complete or does not comply with the requirements in a manner established by the competent institution to know the specific procedure, which will restart the period in case of a new submission. For the purposes of this article, where an institution does not have a delegate permanently at the OIC, it shall refer to the OIC within 10 days of the entry into force of this law, all the requirements and criteria necessary for the admission of applications.
Submission of Forms
Art. 15.- Received the forms by the OIC, they will be forwarded using any technical means, whether electronic, magnetic or any other that allows the written record and offers guarantees of safety and reliability to the participating institutions, insofar as it is relevant to the knowledge of each institution, for analysis purposes, no later than the day following its receipt; sending the physical documents as necessary for its pronunciation or at the request of the electronically notified entity.
The notification made by the means set out in the preceding paragraph by the OIC shall be fully valid for the development of procedures and the accounting of time limits set out in this Act.
Resolutions of the Pre-Trial Assessment Phase
Art. 16.- The resolution issued by the Vice-Ministry of Housing and Urban Development, the line of construction, the feasibility of rainwater drainage, road review and zoning, should be notified through the OIC to the Ministry of Environment and Natural Resources, and to the Secretariat of State or agency responsible for the administration of the country ' s cultural heritage, the day after the time period specified in article 11. Where the final resolutions of place qualification, line of construction, feasibility of rainwater, road review and zoning are submitted to the OIC, as they are municipal competition or technical offices of associations of municipalities, the OIC will forward the documentation received to the other competent authorities to know at the preliminary stage, no later than the next day to the receipt of the documentation and complete requirements required in the laws and their regulations applicable to each matter.
Inter-agency notifications may be made electronically, according to the means available to the participating institutions, and shall contain a copy of the proceedings, records, photographs and other resolutions issued by the competent authorities mentioned in this Act.
The Ministry of Environment and Natural Resources, at this stage, will determine whether or not the project requires the development of an environmental impact study. For those projects that do not require it, the Ministry of Environment and Natural Resources will issue the resolution of Non-Requirement for Environmental Impact Study and, if not, the terms of reference containing the technical guidelines that guide the preparation of such study.
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The Secretariat of State or agency responsible for the administration of the country ' s cultural heritage, at this stage, should resolve the feasibility of the project or the need for specific technical studies.
The Ministry of Environment and Natural Resources and the Secretariat of State or agency responsible for the administration of the country ' s cultural heritage, in order to resolve the need for specific technical studies or other relevant studies at this stage, shall notify the OIC of its resolutions no later than twenty days after the notification by the OIC of the resolutions of the Preliminary Assessment.
If, according to the authorities mentioned in this article, the draft is not feasible, in accordance with its existing regulations, the process will be completed at this stage.
Documentation to Request Approval of Construction and Plot Permits
Art. 17.- The interested party shall submit to the OIC, for the stage of management and approval of permits, in addition to the documents required by the regulations applicable for the application of permits related to the urban area, the following documents:
(a) Environmental impact study, if required by the Ministry of Environment and Natural Resources in the Pre-Trial Evaluation phase, or resolution of non-requirement thereof, where appropriate;
(b) Studies required by the Secretariat of State or agency responsible for the administration of the country ' s cultural heritage; and,
(c) Other studies, applications and documentation required by law for the type of project.
Approval phase
Art. 18.- For the phase of the adoption of permits, the institutions, according to their competence, shall have the following deadlines:
If the draft requires authorization by the State Secretariat or agency responsible for the administration of the country ' s cultural heritage, it shall have a maximum period of sixty days to resolve the feasibility of the project, and must notify the OIC.
If the project requires environmental impact study by the Ministry of Environment and Natural Resources, it will resolve within a maximum of sixty days, having to notify the OIC.
In the case of the approval of the environmental impact study, the Ministry of Environment and Natural Resources shall issue the corresponding environmental permit within ten days of the release of the bond referred to in the Environmental Law.
For the approval of the aqueduct and sewer systems, the National Aqueduct and Sewage Administration will resolve within sixty days of receipt of the request.
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Upon obtaining the permits or authorizations referred to in the preceding paragraphs, according to the procedures set out in this Act, the OIC shall notify the competent authorities, who from that date shall have a maximum period of twenty-five days for the granting of the final permit, and must notify the OIC of such a situation.
Effects of the Term
Art. 19.- All resolution shall be duly motivated, substantiated and notified within the time limits set forth in this Act.
In the previous proceedings, where an authority does not resolve within the time limits set forth in this law, unless otherwise stated, it shall be understood that such a resolution has been issued in favour of the person concerned in the requested sense, and may continue with the following procedures, as appropriate.
If the building or plotting permit is not granted within the time limit set out in the final paragraph of the previous article, the Vice-Ministry of Housing and Urban Development, municipalities or technical offices of associations of municipalities, according to their competence, shall have the obligation to resolve favourably and notify within fifteen days of the request for the construction or parceling permit; however, all necessary measures shall be indicated in order to safeguard the health and safety of the inhabitants,
In the event that the resolution referred to in the preceding paragraph is not issued within the aforementioned period, the OIC shall issue a certification stating that it has operated the administrative silence in a positive sense and that the draft shall be deemed to be approved in the terms requested by the interested party, which shall be submitted for the purposes of the performance of the bond referred to in article 18 of this Act.
The term for bail referred to in the preceding paragraph shall be thirty days, counted from the date on which the resolution confirming the effects of the positive administrative silence has been notified.
Once the bail has been filed, the OIC shall issue the certification of its resolution. Failure to submit the deposit within the prescribed time limit will terminate the corresponding permit.
When the administrative silence has operated in a positive sense, in the cases of requests for approval of environmental impact study, the environmental management programme presented by the project holder will be approved and will serve as a basis for the respective authority to establish the amount of the bail and to perform the relevant environmental audits.
In all other cases, the requirement for bail and the approval of the environmental impact study should be notified to the holder within three days of the approval of the said study, so that it proceeds to surrender.
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Fund prevention
Art. 20.- Preventions throughout the procedure should be based on the technical aspects required in advance for the project in question and in those exceptional cases where specialized studies should be carried out to meet them, the period shall be suspended for a term of up to thirty days from the day following the notice. In the case of preventions relating to municipal solvency, they should refer to the fact that the owner is up to date with taxes affecting the property in which the project will be developed.
In each process, of those regulated by this law, the observations should be made clearly and accurately, so that the user can resolve them in the sense required by the institution. If there is more than one prevention or observation by the same institution regarding a specific procedure, it should be reasonably substantiated; and in that case, the user may request directly or through the OIC, meetings with the institution that has made the observations, in order to obtain advice on how to solve them.
Notifications to Interest
Art. 21.- Of all the resolutions that the authorities members of the System notify the OIC, the interested party should be informed by using any technical means, whether electronic, magnetic or any other that will enable the written record and provide security and reliability assurances, no later than three days after its receipt, without having this deadline for the purpose of establishing the administrative silence.
Project Reception Phase: Works and Measures
Art. 22.- With the completion of the construction works, the project holder will submit a request to the OIC, municipality or association of corresponding municipalities, for the partial and/or final reception of works, the provision of services and the permit to live.
For the purposes of this law, it will be understood by partial reception “the formal act by which a stage of the development of the approved work or project is received, substantially completed so that it can be enabled independent of the rest”.
The Vice-Ministry of Housing and Urban Development, as the operational coordinator of the OIC, will distribute the request for the receipt of projects to the authorities involved, and these will have a maximum period of fifteen days to resolve after the notification has been received, under the same terms and consequences set out in this law.
In order to exercise the administrative silence in a positive sense in the allocation of projects by ANDA, the interested parties must make partial deliveries of the projects, in order to determine that they have complied with the regulations.
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Suspension of the Plates
Art. 23.- The time limits set forth in this Act shall be suspended in the following cases:
(a) When the application is admitted, the competent institution warns the submission of documentation incomplete, irregular or inconsistencies with the requested requirements;
(b) In case of national emergency or public calamity duly declared by the competent authority;
(c) In case of requiring additional studies to verify safety conditions and environmental or cultural conditions, for which the responsible institution shall issue a motivated resolution;
(d) Where by legal provision or by decision of competent authority, the applicant must undertake activities, such as public consultations, bail performance or others that may directly affect the advance or continuation of the proceedings;
(e) Where a legally established remedy is processed;
(f) Where a law relating to the matter establishes the suspension of work or work in certain cases;
(g) In the case of the alternative solution raised before ANDA, when it requires some kind of authorization from another government institution or unit.
The suspension of deadlines, decided by the institution, on the basis of the previous verbatims, shall temporarily suspend the time limit for the approval of the appropriate permission in the institution, which shall be notified to the OIC, for the related purposes, and this in turn shall notify the interested parties of such approval.
Upon the termination of the case, the person concerned may request the reboot of the proceedings before the OIC, which shall issue a decision within five days of the submission of the application, in which the authorization to reboot the proceedings shall be notified, taking into account the days that have passed prior to the suspension, in such a way as to respect the time limits referred to in this Act.
Permissions
Art. 24.- Projects covered by the permits obtained under this Act shall be initiated within one year of the date of issuance of the permit or issuance of the certification, in which the administrative silence has operated positively. After this term has not begun, the permits will be expired.
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Where there is a case of fortuitous or force majeure, according to the case, that prevents the owner from beginning or continuity of the construction of the work, the validity may be extended for one year, upon request to the OIC, justifying the reasons.
It will be understood that a work has begun, when its level of physical advancement has reached at least ten percent of the projected.
Attention to the User
Art. 25.- The OIC coordinator will ensure that the staff members of the Office provide the interested party with all the information and assistance required on the proceedings.
Obligations of Project Owners
Art. 26.- Each request, study, plans or documents that are required for the different procedures related to this law shall be presented in physical and digital supports, according to the characteristics that the OIC establishes.
Once the final permit for construction or plotting is obtained, the owners or developers of the projects must keep them, either in original or certified copies, in a visible and protected place so that the authorities or their delegates can observe them in the cases of supervision or inspection at the site where the project is executed.
Revision remedy
Art. 27.- The applicant may review the resolution issued by the relevant institutions, in the following cases:
(a) Where the procedure and/or request is declared unfavourably or inadmissible, and for the consideration of the person concerned such a resolution is without technical and/or legal basis; and
(b) Where the resolution is not properly motivated, substantiated or notified within the time limits set out in this Act.
The person concerned may file with the corresponding authority with a copy to the Coordinating Committee, a review remedy within eight working days of the respective notification, in order to monitor the implementation of the deadlines set out in this Act.
The corresponding authority shall have a period of eight working days to resolve the appeal with only the view of the cars.
The review remedy regulated in this article shall be prior to and with the option of the person concerned, the rest of the mechanisms of challenge being authorized in the special laws of the matter. In the event that the person concerned lodges the remedy of review, the time limits of the other resources, regulated by the special laws in the matter, shall be provided on the basis of the decision of the latter.
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CHAPTER V
GENERAL PROVISIONS
Competitions
Art. 28.- In any event, the participating institutions of the system will maintain their legal powers. The powers of authorization and supervision of the different aspects contained in each procedure shall be exercised by each participating institution, according to the competences, standards and technical requirements that for this purpose establish the laws and regulations.
General Rule Applicable to Administrative Silences
Art. 29.- In no case shall it be conferred by administrative silence, authorizations or permits that contravene express mandates or prohibitions contained in constitutional, legal, normative and administrative provisions issued prior to the submission of the request that limit the use and form of disposition of property.
In all cases that are approved a prior procedure or a building permit, plotting, work or project is granted, for the use of the positive administrative silence, the OIC shall refer an information to the Court of Government Ethics and the Court of Accounts of the Republic, so that the administrative and audit procedures that are legally appropriate are initiated, which in turn will have the obligation to refer the information for the Office of the Attorney-General of the Republic. The implementation of positive silence should also be reported to all institutions of the System.
If the analysis and studies carried out subsequently, it is determined that the construction, plotting, work or project that was approved by the positive administrative silence poses a risk for the personal safety and health of the inhabitants, as well as for the cultural heritage or the environment, given in the case of paragraph 1 of this article, the competent authorities may terminate the permits granted. This revocation may be issued within a period of up to one year, from the time that the OIC notify the respective authority of the issuance of the certification, where it states that it has operated the administrative silence in a positive sense or from the date on which the competent authority issued it, according to the case. In such a situation, and in order to warn the existence of the damage, the authorities, whether they are holders, officials, technicians or employees who have not resolved the permits within the time limits set out in this Act and which enabled the approval of the projects under the positive administrative silence, shall be administratively responsible for a fine equivalent to the damage caused; and if it is not possible to quantify them, up to a maximum of a thousand minimum wages in the trade and services sector, as well as to criminal liability in their case.
In the latter case, in order to quantify the amount of the fine, the applicator must be based on the economic capacity of the offender, the personal benefit obtained illegitimately, the type of damage caused, the adverse consequences of positive silence and recidivism in the typical conduct, where appropriate.
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The developer, the builder and the responsible professional who sign the urban and architectural plans, documents and applications, are responsible for any contravention and violation of the laws in force at the time of the application, without prejudice to the administrative liability arising for officials who issue or omit the issuance of administrative acts related to the approval of building permits, without agreement or in violation of the corresponding rules.
The penalties set out in this article shall be processed and applied by the Court of Government Ethics, in accordance with the procedure established in the Law on Government Ethics.
This is received in the form of fines for violations of this law.
Target
Art. 30.- The deadlines referred to in this Act shall be counted in working days.
Organizational and Operational Standards
Art. 31.- The holders of the public entities referred to in article 5 of this Act shall appoint delegates and representatives within fifteen days of the entry into force of this Act.
The Coordinating Committee shall be convened by the representative to coordinate within thirty days of the entry into force of this law. The Committee shall be responsible for the installation of the OIC, the formulation of the organizational manuals and functions necessary for the operation of the office, the development of the corresponding forms, as regulated by this Law and the issuance of its own operating rules, within sixty days of that validity.
Speciality
Art. 32.- This law, by its special character, shall prevail over any other that contraries it.
Periods for the Application of the Law
Art. 33.- The procedures and deadlines for the processing of building and plotting permits referred to in this Act shall apply as follows:
(a) From its validity, public and private projects, of any kind, located in the municipalities related to the first subparagraph (a) of Article 2 of this Law, as well as the housing projects of plotting not regulated in the Special Law of Lotifications and Plots for Habitational Use and for the housing projects of construction, throughout the national territory, provided that it is not prohibited to build by the legal system, in the place, where they will be developed;
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(b) After 8 months after its validity, for projects throughout the national territory. All of the above, without prejudice to those categories of projects which, by their nature, environmental impact and complexity, cannot be processed in accordance with this law. For this purpose, and within the same established time limit, the Minister of Public Works, Transport and Housing and Urban Development, after a favourable opinion of the Coordinating Committee of the System, shall issue the corresponding Agreement in which the projects for this purpose are categorized, taking into account the established criteria.
Transitional provision
Art. 34.- As long as the President of the Republic does not appoint his representative, he shall exercise as such the Technical Secretary of the Presidency.
Vigilance
Article 35.- This Decree shall enter into force sixty days after its publication in the Official Gazette.
DADO en EL SALON AZUL DEL PALACIO LEGISLATIVE: San Salvador, at the thirty-one days of October of the year two thousand thirteen.
OTHON SIGFRIDO MORALES, PRESIDENT.
ALBERTO ROMERO RODRIGUEZ, GUILLERMO ANTONIO GALLEGOS NAVARRETE, FIRST VICEPRESIDENT. SECOND VICEPRESIDENT.
JOSE FRANCISCO MERINO LOPEZ, FRANCISCO ROBERTO LORENZANA DURAN, TERCER VICEPRESIDENT. VICEPRESIDENT FOURTH.
ROBERTO JOSE d’AUBUISSON MUNGUIA, QUINTO VICEPRESIDENT.
LORENA GUADALUPE PEÑA MENDOZA, CARMEN ELENA CALDERON SOL DE ESCALON, FIRST SECRETARIAT. SECOND SECRETARIAT.
SANDRA MARLENE SALGADO GARCIA, JOSE RAFAEL MACHUCA ZELAYA, TERCERA SECRETARIA. SECRETARY FOURTH.
IRMA LOURDES PALACIOS VASQUEZ, MARGARITA ESCOBAR, QUINTA SECRETARIA. SECRETARY SIX.
FRANCISCO JOSE ZABLAH SAFIE, REYNALDO ANTONIO LOPEZ CARDOZA, SEPTIMO SECRETARIO. OCTAVO SECRETARY.
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Presidential House: San Salvador, on the twenty-two days of November of the year two thousand thirteen.
PUBLIQUESE,
Carlos Mauricio Funes Cartagena, President of the Republic.
Gerson Martínez, Minister of Public Works, Transport and Housing and Urban Development.
D. O. No. 223 Volume No. 401 Date: November 28, 2013
FN/geg 06-01-2014
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