DECREE No. 521 THE LEGISLATURE OF THE REPUBLIC OF EL SALVADOR, CONSIDERING
I.- according to Article 101 of the Constitution of the Republic, the State shall promote economic and social development by increasing production, productivity and the rational use of resources.
II.- according to Article 102 of the Constitution of the Republic, the State encourages and protects private initiative, within steps to increase national wealth and to ensure the benefits of this condition, as many inhabitants.
III.- That the construction industry, being a dynamic sector of the national economy, which not only helps to overcome the housing shortage in the country, but also constitutes a generating source of many jobs, is necessary to promote its development.
IV.- That to promote economic and social development of the construction industry and encourage private initiative, creating legal provisions whose purpose becomes necessary, the streamlining of procedures to be followed for the authorization of different construction projects in our country.
in exercise of its constitutional powers and initiative of the President of the Republic, through the Minister of Public Works, Transportation and Housing and Urban Development, and with the support of Deputy Arnoldo Martyr Marin Villanueva.
DECREES the following:
SPECIAL LAW Expediting procedures FOR THE PROMOTION OF CONSTRUCTION PROJECTS
CHAPTER I PURPOSE AND SCOPE
Object Art. 1. This law aims to promote economic and social development of the country, by streamlining procedures and administrative procedures implemented by the Executive Branch, autonomous entities and municipalities for the granting of permits and authorizations for || | 2
development of construction projects and parceling, facilitating growth in the efficiency of public administration.
Scope Art. 2. The projects, which will apply this law are:
a) Construction projects of any nature, in the coastal and marine area. For the purposes of this law, this strip is composed of the following municipalities: in the department of Ahuachapán, Apaneca municipalities, Guaymango, Jujutla, San Pedro and San Francisco Menéndez Puxtla; in the department of Sonsonate, the municipalities of Sonsonate, Acajutla, Caluco, Cuisnahuat, Izalco, Juayúa, Nahuizalco, Nahulingo, Salcoatitán, San Antonio del Monte, San Julian, Santa Catarina Masahuat, Santa Isabel Ishuatán, Santo Domingo de Guzman and Sonzacate; in the department of La Libertad, the municipalities of La Libertad, Chiltiupán, Comasagua, Huizúcar, Jicalapa, San José Villanueva, Tamanique, Teotepeque and Zaragoza; in the department of San Salvador, and the municipalities of Rosario de Mora Panchimalco; in the department of La Paz, the municipalities of Cuyultitán, El Rosario, Olocuilta, San Francisco Chinameca, San Juan Nonualco, San Pedro Nonualco, San Juan Talpa, San Juan Tepezontes, San Luis La Herradura, San Luis Talpa, San Miguel Tepezontes, San Pedro Masahuat, San Antonio Masahuat, San Rafael Obrajuelo, Santiago Nonualco, Tapalhuaca and Zacatecoluca; in the department of San Vicente, the town of Tecoluca; in the department of Usulutan, municipalities California, Concepcion Batres, Ereguayquín, Jiquilisco, Jucuarán, Ozatlán, Puerto El Triunfo, San Agustin, San Dionisio, San Francisco Javier, Santa Elena, Santa Maria, Tecapán and Usulutan; in the department of San Miguel, the municipalities of Chirilagua, El Transito, San Jorge and San Rafael Oriente; and in the department of La Union, the municipalities of Conchagua, El Carmen, Intipucá, La Union, Meanguera del Golfo, Pasaquina, San Alejo and Santa Rosa de Lima;
B) Construction projects and parceling throughout the national territory regardless of their nature, unless their execution is prohibited by law.
Not be subject to this law, those construction projects housing or commercial premises individually or renovations, modifications, restoration or rehabilitation of properties with cultural value, subparcelaciones, simple segregations or projects regulated by the Law special Subdivisions and Parcelaciones for residential use.
Material Scope Art. 3. The procedures and administrative procedures included in this law, are intended to obtain the following permits and authorizations:
3. PRELIMINARY ASSESSMENT
a) Feasibility of drinking water and sewerage or management of excreta and greywater;
B) Authorization on the system of sewage disposal;
C) Certification of fire prevention and safety measures;
D) Feasibility for solid waste collection;
E) Qualification of place;
F) Line Construction;
G) Feasibility of rainwater drainage;
H) Review vial and zoning;
I) Statement on the need for studies on environmental and cultural heritage issues.
II. PERMIT APPROVAL
a) Environmental Permit;
B) Work license by the Secretary of State or entity having responsibility for the administration of cultural heritage;
C) Building permit and parceling;
D) Approval of water and sewage systems.
III. RECEIVING AND PROJECTS
a) Receipt of works;
B) Permission to inhabit;
C) Clearances systems or stages of aqueducts and sewage systems.
CHAPTER II Expediting procedures INTEGRATED CONSTRUCTION PROJECT COORDINATOR SYSTEM AND COMMITTEE SYSTEM
Integrated System Streamlined Procedures for Construction Projects
Art. 4. Create the Integrated System Streamlining Procedures for Construction Project, hereinafter the "System" will be called.
The system will consist of the following institutions:
a) Presidency of the Republic;
B) Department of Housing and Urban Development;
C) Municipalities, individually or collectively, with competence in processing building permits and subdivision;
D) Ministry of Environment and Natural Resources;
E) Ministry of Health;
F) Ministry of Labour and Social Welfare;
G) The Secretary of State or body having charge of the management of cultural heritage;
H) National Administration of Aqueducts and Sewers;
I) National Fire Corps; and
j) National Registration Center.
All government agencies, autonomous institutions, municipalities and their holders will be obliged to cooperate with the system for the implementation of this law, which shall comply with the deadlines set out therein. Coordinating Committee
Art System. 5. Create the System Coordinating Committee, hereinafter the "Coordinating Committee" which will be composed of representatives of each of the following institutions:
a) A representative of the Department of Housing and Urban Development;
b) A representative of the Presidency of the Republic;
C) A representative of the Secretary of State or body having charge of the management of cultural heritage;
D) A representative of the Ministry of Environment and Natural Resources; and
e) A representative of the Association of Municipalities of the Republic of El Salvador.
The Coordinating Committee will be chaired and coordinated by the representative of the Department of Housing and Urban Development.
Functions Coordinator Art Committee. 6. The Coordinating Committee shall have the following functions:
a) To advise and provide recommendations on any aspect related to the fulfillment of the objectives of this Act;
B) Issue the internal operating rules necessary for the proper functioning of the Integration Office of Construction and Construction Procedures Article 8 of this Act refers;
C) Assist in the resolution of conflicts that may arise between the institutions of the system, in granting permits;
D) Check that the authorities involved comply within the time allocated for each, with coordinated, prompt and efficient processing of permits requested:
e) Evaluate the cases in which it operated the silence administrative in a positive direction or a deadline set by this law was violated, referring to the authorities the corresponding information, taking into account the provisions of Article 30 of this law.
F) Manage the resources necessary to achieve the purposes of this Act;
G) To issue a favorable opinion for the categorization of projects, which referred to in subparagraph b) of Article 33 of this Law; and
h) Any other functions necessary for the fulfillment of the objectives of this law.
All decisions of the Coordinating Committee shall be taken by majority agreement of its members.
Art. 7. In developing its activities, the Coordinating Committee may consult other agencies, both private and public, as well as forming advisory groups when necessary, integrating them according to the needs of the case, with the aim of promoting the achievement of for the purposes of this Act. It also said quarterly Committee shall submit a public report of accountability, setting forth information concerning the application of the law. CHAPTER III
OFFICE INTEGRATION OF PAPERWORK development and construction
Paperwork Integration Office of Construction and Construction
Art. 8. The Coordinating Committee will have an integrated reception and management of applications for building permits and subdivision included in the scope of this law, hereinafter referred OIC, consisting of office the following institutions: || | a) Ministry of Environment and Natural Resources;
B) The Secretary of State or body having charge of the management of cultural heritage; and
c) Department of Housing and Urban Development.
This Office will be coordinated operationally by the Department of Housing and Urban Development. Each delegate shall be entitled, upon agreement issued by the head of the institution to which he belongs, the respective authority to perform the necessary activities to be handled quickly, effectiveness, transparency and adherence to laws, the procedures that apply ; provided that such powers are not delegated.
This office will have its headquarters in the city of San Salvador and can install offices outside that city, according to the needs and institutional 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 files to process, which must be fed by all the institutions of the system, publishing relevant information on them, the user, centrally; also will follow up on deadlines, seeking efficiency develop alternative procedures and deadlines.
The ICO has the obligation to keep updated on the requirements, administrative procedures, criteria, environmental zoning and cultural systems, to provide it to the user information; for this purpose, the institutions of the system will be required to update relevant information regarding your procedure.
CHAPTER IV PROCEDURE PHASES
Phases of the Procedure Art. 9. The procedures listed in this Act shall be processed through the following phases:
a) Preliminary Assessment;
B) Permit Approval; and
c) Receipt of works and projects.
Notwithstanding the foregoing, any interested party may make prior consultations with the competent authorities regarding the feasibility of a building, to be earmarked for construction projects and parceling, in accordance with the provisions of the laws of matter. any interested party may also make individual proceedings before such authorities must in that case perform them outside the OIC, in accordance with the laws of the relevant subject.
None of the cases referred to in the preceding paragraph, the deadlines in this law, nor the effects of administrative silence shall apply. Preliminary Assessment Phase
Art. 10. Phase Preliminary Assessment includes the procedures set forth in Article 3, Roman I) of the present law and the pronouncements of the institutions responsible for environmental and cultural materials about feasibilities, no requirement or need for presentation special studies in accordance with the relevant regulations and type of project.
Before the start of this phase act, the user must request the feasibility of potable water and sewerage ANDA, which must rule on these, within twenty days after receipt of that request.
In case ANDA not reply within the preceding paragraph to be understood that the requested permit has been denied, so that the applicant may file an appeal in Article 27 of this relates to law or request the return of the application and its annexes.
In case the answer of ANDA is unfavorable, the applicant may if desired, to obtain authorization, submit a proposed solution for obtaining the feasibility initially requested to ANDA, which must assess the proposed solution, resolve and notify that decision to the interested party, within no more than thirty days.
During this phase, the user must ask the competent institutions other certifications, authorizations and permits required by current regulations for obtaining
Step Phase Preliminary Assessment, Competition Department of Housing and Urban Development
Art. 11. In those municipalities that do not have their management plans and local development, and respective bylaws, any private or public institution, must seek approval of building permits and parceling the Department of Housing and Urban Development and the applications for qualification place, line construction, feasibility of rainwater, road review and zoning; must present at this stage, in addition to the respective applications, other documents referred to in Article 13 of this law and the annexes referred legally required.
This documentation must be submitted to the ICO, along with the legal requirements of competition from other institutions related to Phase Preliminary Assessment for due processing under the procedure established in this law.
The Department of Housing and Urban Development will have a period of twenty days to resolve on the above requests.
Step Evaluation Phase Preliminary Competition municipalities or municipal associations Techniques
Art Offices. 12. For projects according to their geographical location, approval of permits within the jurisdiction of the municipalities or associations of municipalities techniques offices, applications for qualification place, line construction, feasibility of rainwater drainage, review vial and zoning, user should directly report to the municipality or corresponding technical office, which will have a maximum period of twenty days to resolve, must be notified to the person concerned the approval or not of all such formalities within the time limit set in this law.
In these cases, the authorities are aware of the procedure, must notify electronically or by technical means available for the purpose, the ICO later than the next business day after the receipt of the requests, accurate indication of its content and the date and time of receipt of the request, for accounting purposes and compliance with the deadlines established in this law. Similarly, the competent authority shall notify the ICO the final resolution of the steps taken.
With the approval of the procedures, referred to in this Article, by municipalities or associations of municipalities techniques offices, the applicant must submit to the UCI, the final resolutions qualification place, line construction feasibility of rainwater, road and zoning review, along with other related documents in the following article.
9 Request documentation Preliminary Assessment
Art. 13. The owner of land, his representative or agent, shall submit to the ICO, to the stage of preliminary assessment, the following documents:
a) Application Form qualifying place, line construction, feasibility rain water, road and zoning review, when the geographical location of the project, the Department of Housing and Urban Development has competence for the approval of permits; Otherwise, they must submit the final resolutions related to these procedures issued by the competent authority; except that the OIC has issued certification stating where it has operated the administrative silence in a positive direction;
B) Documents proving the applicant's personality and power to request the approval of building permits and land parceling respect, if any;
C) Original or certified copy testimony in the record ownership of the property;
D) cadastral location issued by the National Registration Center;
E) Form and environmental requirements of the Environment Act and its Regulations, if required, according to guidelines issued and agreements in the field of Environment and Natural Resources;
F) Application forms for evaluation of the project with cultural, archaeological and paleontological content;
G) Resolution of ANDA or other competent authority on the application feasibility of water and wastewater;
H) Authorization management system excreta and greywater, in the absence of feasibility of potable water and sewerage by ANDA;
I) Receipt of payment procedures, according to the prices and tariffs that are legally established, for each of the institutions that require them.
J) Copies of all documents submitted, including plans, according to the requirements established by law.
K) Other documents required, according to the existing law.
The institutions shall publish the forms and documents required at this stage in their websites, so they can be downloaded by interested parties, which may not be more requirements than those required by the regulations, decrees or applicable agreements or different information related to the verification of the above requirements.
Return of Documents Art. 14. The OIC shall be entitled to return applications and all documentation to the person concerned, if that is not complete or does not meet the requirements established by the competent institution to meet the specific procedure, which will restart within in case of resubmission. For the purposes of this Article, where an institution does not have a delegate permanently in the OIC, you must refer to this in the next ten days after the entry into force of this law, all the requirements and criteria for admission applications.
Art Forms Forwarding. 15. Upon receipt of the forms by the UCI, shall be sent using any technical means, electronic, magnetic or any other that enables consistency in writing and provide guarantees of security and reliability to the participating institutions, in what is relevant to knowledge of each institution, for purposes of analysis, no later than the day following receipt; sending physical documents as needed for your statement or request electronically notified entity.
The notification by the means mentioned in the preceding paragraph by the OIC, will have full force for the development of accounting procedures and deadlines established in this law.
Resolutions Preliminary Assessment Phase
Art. 16. The resolution issued by the Department of Housing and Urban Development qualifying place, line construction, feasibility of rainwater drainage, road and zoning review shall be notified by the UCI to the Ministry of Environment and natural, and the Secretary of State or body having charge of the administration of cultural heritage of the country, the day after the deadline specified in Article 11. When the ICO final qualifying place resolutions submitted, line construction , feasibility of rainwater, road review and zoning, being municipal or techniques municipal associations offices competition, the OIC shall forward the documents received to the other competent authorities meet in the preliminary phase later than the day following the receipt of documentation and complete requirements that are required in the laws and regulations applicable to each subject.
The agency notifications may be made electronically, according to the means available for that purpose participating institutions, and will contain a copy of the action taken, records, photographs and other resolutions issued by the competent authorities specified in this law.
The Ministry of Environment and Natural Resources, at this stage, will determine whether the project requires the preparation of an environmental impact study. For those projects that do not require, the Ministry of Environment and Natural Resources issued resolution No requirement Environmental Impact Study and, otherwise, the terms of reference containing technical guidelines to guide the development of the study.
The Secretary of State or body having charge of the administration of cultural heritage of the country, at this stage, must decide on the feasibility of the project or the need for presentation of specific technical studies.
The Ministry of Environment and Natural Resources and the Secretary of State or body having charge of the administration of cultural heritage of the country to decide on the need for presentation or specific technical studies and other relevant in this phase shall notify its decisions to the UCI no later than twenty days after the notification by the OIC resolutions of the phase of the Preliminary Assessment.
If, according to the authorities mentioned in this article, the project will be not feasible, according to its regulations, the process will be completed at this stage.
Documentation Request Approval of Building Permits and Allotment
Art. 17. The applicant must submit to the UCI for the management stage and approval of permits, in addition to the documents required by the applicable regulations for permit applications related to urban theme, the following documents:
a) Study environmental impact, if required by the Ministry of Environment and Natural Resources in the Preliminary Assessment Phase, or resolution of not requiring the same, when applicable;
B) studies required by the Secretary of State or body having charge of the management of cultural heritage; and
c) Other studies, applications and documentation required by law for the type of project. Phase
Permit Approval Art. 18. Approval For Phase Permit, institutions, according to their competence, have the following deadlines:
If the project requires approval from the Secretary of State or body having charge of the administration of the estate cultural development, this will have a maximum of sixty days to decide on the feasibility of the project, and shall notify this decision to the ICO.
If the project requires environmental impact study by the Ministry of Environment and Natural Resources, this resolved within a maximum period of sixty days must notify the UCI.
In the case of the approval of the environmental impact study, the Ministry of Environment and Natural Resources, issue the corresponding environmental permit, in the ten days after the deposit rendered referred to law Middle Environment.
For the approval of the aqueduct and sewer systems, the National Administration of Aqueducts and Sewers resolved within a maximum period of sixty days from receipt of the request.
After obtaining the permits or authorizations referred to the preceding paragraphs, according to the procedures established in this law, the ICO will notify the competent authorities, who after that date will have a maximum twenty-five days to grant the final permit, and shall notify this situation to the ICO.
Term Effects of Art. 19. Any decision must be properly justified, substantiated and notified within the time limits set out in this law.
In the above procedures, when an authority is not resolved within the time limits established in this law, unless otherwise stated, it means that the resolution has been issued for the person concerned in the requested direction and can continue with the following procedures, according to the relevant procedure.
If the building permit or subdivision is not provided within a period specified in the final paragraph of the preceding article, the Department of Housing and Urban Development, municipalities or associations of municipalities techniques offices, according to their competence, have the obligation to favorably resolved and notified within fifteen days of the request for a building permit or subdivision; however, they shall be given all the necessary measures in order to protect the health and safety of users of the project and other inhabitants, as stipulated in the laws of matter.
In the case that the resolution referred to in the preceding paragraph is not issued within this period, the UCI will issue a certificate stating where it has operated the administrative silence in a positive direction and that the draft means approved in the terms requested by the applicant, which shall be presented for purposes of compliance with the security that Article 18 of this law refers to.
The deadline to pay the deposit referred to in the preceding paragraph shall be thirty days, these from the date on which it was notified of the resolution confirming the effects of positive administrative silence.
After filing the bond, the OIC must issue the certification of its resolution. The lack of presentation of the deposit within previously established, will void permission.
When administrative silence has operated in a positive sense, in cases of applications for approval of environmental impact assessment, environmental management program presented by the developer will be considered approved and will serve as a basis for establishing the respective authority the amount of the bond and practice relevant environmental audits.
In all other cases, the request for bail and approval of environmental impact assessment shall be notified to the holder within the approval of the study, in order to render it appropriate three days.
Preventions Art Fund. 20. The preventions throughout the procedure should be based on the technical aspects required in advance for the project concerned and in exceptional cases to be specialized to fulfill studies carried out, the period shall be suspended for a maximum thirty days counted from the day of the respective notification. In the case of preventions on municipal solvency, these should refer to the holder is up to date with taxes affecting the property where the project will be developed.
In each procedure, regulated by this law, observations should be formulated clearly and precisely, 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 must reasonably be based; and in that case, the user may request directly or through the OIC meetings with the institution that has made the comments in order to obtain advice on how to solve them. Interested
Notifications to Art. 21. Of all the resolutions that the members system authorities notify the OIC, you should inform the person concerned by the latter using any technical means, electronic, magnetic or any other that enables consistency in writing and provide security guarantees and reliability, at the latest within three days of receipt, without this term count for purposes of establishing the administrative silence.
Reception Phase Project:
Works and Measures Art. 22. On completion of the construction, the project owner shall submit the request to the ICO, municipality or association of municipalities appropriate, to be appropriate to the partial receipt and / or end of work, service enablement and permission to inhabit.
For the purposes of this Act, it shall mean partial acceptance "formal act by which a stage of development of the project or approved work substantially completed so that it can be enabled independently of the rest is received".
The Department of Housing and Urban Development as operational coordinator of the OIC, will distribute the request for receipt of projects to the authorities involved, and these will have a maximum period of fifteen days to resolve after receiving notice under the same terms and consequences established by this law.
To operate the administrative silence in the positive direction in enabling projects by ANDA, interested parties must make partial deliveries of projects, to determine that they have complied with the regulations.
Suspension of Time Art. 23. The deadlines established under this Act, shall be suspended in the following cases:
a) When once admitted the request, the competent institution warn submitting incomplete, irregular or documentation inconsistent with the requirements;
B) In case of national emergency or public calamity duly declared by the competent authority;
C) Should you require additional studies to verify safety and environmental or cultural conditions, for which the institution responsible shall issue a reasoned decision to that effect;
D) When by law or by resolution of competent authority, the applicant must perform activities such as public consultations, performance bonds or other that may directly affect the progress or continuation of proceedings;
E) Where an application is processed legally established;
F) When a law related to the matter set the suspension of works or on certain grounds;
G) In the case of the alternative solution proposed to ANDA, when this requires some kind of authorization of another institution or government agency.
The suspension of deadlines, determined by the institution, based on the provisions of the preceding paragraphs, temporarily suspend the period of the permit approval process corresponding to the institution, which shall be notified to the ICO, for the purposes consequential, and this in turn notified of that fact to the persons concerned.
Once the causes that led to suspension of the deadline, the interested party may request the resumption of the proceedings before the OIC, which must issue a decision within five days following the filing of the application, in which notified of the authorization to restart the process, which take into account the days elapsed before the suspension, so to respect the deadlines referred to in this law.
Permit Validity Art. 24. The projects covered by the permit granted under this law must be initiated within a period of one year after the date of issue of the license or the issue of certification, attesting that has operated the administrative silence positive sense. After this term without their having begun, they will be expired permits.
When there fortuitous event or force majeure verifiable, as appropriate, to prevent the holder the commencement or continuation of construction work, the term may be extended for one year, upon request to the ICO, explain the reasons.
It is understood that a work has begun, when their level of physical progress has reached at least ten percent than projected.
Customer Care Art. 25. The coordinator of the OIC ensure that officials of the Office provide the interested all the information and assistance required on the procedures to be carried out.
Obligations of Holders
Art Project. 26. Each application, study plans or documents that are required for various procedures related in this law, shall be submitted in physical and digital media, depending on the characteristics to be established by the OIC.
Once obtained the final construction permit or allotment, owners or project developers should keep them, either in original or certified copies, in a visible location and protected for the authorities or their delegates to observe in cases supervision or inspection at the site where the project is implemented.
Art Resource Review. 27. The applicant may submit to review the decision issued by the relevant institutions, in the following cases:
a) When the processing and / or application is declared inadmissible or unfavorably, and that consideration of the resolution lacks concerned technical and / or legal basis; and
b) When the ruling is not properly justified, substantiated or notified within the time limits set out in this law.
The interested party may apply to the appropriate authority with a copy to the Coordinating Committee, appeal for review within eight working days of the respective notification, in order to monitor compliance with the deadlines established in this law.
The appropriate authority shall within eight working days to resolve the resource with only the view of the cars. The appeal for review
regulated in this article shall be prior and interested option, being enabled other complaint mechanisms regulated in special laws of matter. If the interested interpose the appeal, the terms of other resources, regulated by special laws on the subject, counted from the resolution of this.
CHAPTER V 16
Powers Art. 28. In any event, the participating institutions will maintain their legal powers system. The powers of authorization and supervision of the different aspects contained in each procedure, be exercised by each participating institution, according to the competencies, standards and technical requirements established for that purpose by laws and regulations.
General Rule applicable to administrative Silences
Art. 29. In no event shall be deemed granted by administrative silence, authorizations or permits that contravene express commands or prohibitions contained in constitutional, legal, regulatory and administrative acts issued form prior to submission of the application to limit the use and form disposal of properties.
In all cases prior approval procedure or a building permit, subdivision, work or project is granted, for having made use of administrative silence, the OIC must send an information to the Government Ethics Tribunal and the Court Accounts of the Republic, to initiate ex officio administrative procedures and audits legally appropriate, who in turn will be required to submit corresponding to the Attorney General's office for information, in case there is evidence of the commission of a crime. It will also be informed on the implementation of positive silence all institutions of the system.
If analyzes and studies conducted subsequently, it is determined that building, parcelling, work or project that was approved by positive administrative silence poses a risk to personal safety and health of the inhabitants as well as for the cultural heritage or the environment, have occurred in the course of the first paragraph of this Article, the competent authorities may leave the permissions granted void. This revocation may be issued within a maximum period of one year from the ICO notify the respective authority issuing the certification, which attests that has operated the administrative silence in the positive direction or from the date the competent authority issued as appropriate. In such a situation and noted the existence of damage, the authorities, whether holders, officials, technicians or employees who have not resolved the permits within the periods prescribed in this Act and which allowed the approval of projects under administrative silence in a positive sense, they will be responsible administratively by a fine equivalent to the damage caused; and if it is not possible to quantify, up to one thousand minimum wages of trade and services sector as well as criminal liability where appropriate.
In the latter case, to quantify the amount of the fine, the official applicator should be based on the economic capacity of the offender, the personal benefit obtained unlawfully, the type of damage, the harmful consequences of positive silence and recidivism typical behavior, when appropriate.
The developer, builder and responsible professional who sign urban and architectural drawings, documents and applications, are responsible for any violation and violation of the laws in effect at the time of application without prejudice to the responsibility administrative arising for officials issued or omit the issuance of administrative acts relating to the procedure for approving building permits, without agreement or in contravention or violation of the relevant rules.
The penalties provided for in this Article shall be executed and implemented by the Government Ethics Tribunal, according to the procedure established in the Ethics in Government Act.
I perceived in fines for breaches of this law must enter the State General Fund. Deadlines
Art. 30. The periods referred to this law, shall be counted in working days.
Standards for Organization and Operation
Art. 31. Holders of public entities referred to in Article 5 of this Act, shall appoint delegates and representatives within the entry into force of this law fortnight.
The Coordinating Committee shall be convened by the representative to exercise coordination within the entry into force of this law thirty days. This Committee will be responsible for the installation of the OIC, developing manuals organization and functions necessary for the operation of the office, processing the appropriate forms, as regulated by this law and issue its own operating rules, within sixty days following such effect.
Specialty Art. 32.- This law, by its special character, prevail over any other than runs counter.
Deadlines for the Application of Law
Art. 33.- The procedures and time limits for processing of building permits and parcelling to respect this law, shall be applied as follows:
A) From its term public and private projects of any nature, located in the municipalities listed in paragraph a) of the first paragraph of Article 2 of this law, as well as housing projects of parcelling not regulated in the Special Law on Subdivisions and Parcelaciones for housing and for housing construction projects throughout the national territory, provided it is not prohibited by law build in the place where they will be developed; and
b) After 8 months of its effective date, for projects throughout the national territory. All this, without prejudice to those categories of projects which by their nature, environmental impact and complexity, can not be processed in accordance with this law. For such purposes, and within the same period, the Minister of Public Works, Transportation and Housing and Urban Development, following a favorable opinion of the Coordinating Committee System, issue the corresponding Agreement which projects to this end categorizing, taking into account the criteria.
Transitory Art. 34. As President of the Republic does not appoint its representative, shall serve as such, the Technical Secretary of the Presidency. Effective
Art. 35. This Decree shall enter into force sixty days after its publication in the Official Journal.
GIVEN IN THE BLUE ROOM OF THE LEGISLATIVE PALACE: San Salvador, thirty-one days of October in the year two thousand and thirteen.
OTHON Sigfrido Reyes Morales, president.
ALBERTO ROMERO ARMANDO RODRIGUEZ, GUILLERMO ANTONIO NAVARRETE GALLEGOS, FIRST VICE. SECOND VICE PRESIDENT.
MERINO JOSE FRANCISCO LOPEZ, FRANCISCO ROBERTO DURAN LORENZANA, THIRD VICE. FOURTH VICE.
ROBERTO JOSE d'Aubuisson MUNGUIA, FIFTH VICE.
PEÑA LORENA GUADALUPE MENDOZA, CARMEN ELENA CALDERON SOL DE ESCALON, First Secretary. Second Secretary.
SALGADO SANDRA MARLENE GARCIA, JOSE RAFAEL MACHUCA Zelaya, Third Secretary. Fourth secretary.
IRMA VASQUEZ PALACIOS LOURDES, MARGARITA ESCOBAR, FIFTH SECRETARY. SIXTH Secretariat. JOSE FRANCISCO
ZABLAH SAFIE, REYNALDO ANTONIO LOPEZ Cardoza seventh Secretary. EIGHTH SECRETARY.
Casa Presidencial: San Salvador, on the twenty-second day of November two thousand and thirteen.
Published, Carlos Mauricio Funes Cartagena
, President of the Republic.
Gerson Martinez, Minister of Public Works, Transportation and Housing and Urban Development.
Tomo OJ No. 223 No. 401 Date: November 28, 2013
FN / geg 01/06/2014