1 Decree No. 993 the Legislative Assembly of the Republic of EL SALVADOR, considering: I.-that the articles 103 and 119 of the Constitution of the Republic establishes that the State should aim to arriving as many Salvadoran families to own their home, guaranteeing private property in social function;
II.-that there are subdivisions, partitions, segregations of real estate, whether in fact or in law, known as subdivisions, which represent a real opportunity for access to the right of ownership of real estate in favour of Salvadoran families; which is a mechanism for the same opportunity to become owners of a dwelling;
III. response to that a considerable amount of subdivisions have not followed due process for the legalization and updating thereof; It is necessary to create a mechanism that will allow the achievement of certainty, so it becomes necessary and urgent to enact a special law, establishing basic rules within a framework of legal guarantees and legal certainty for these people;
IV.-that it is necessary to overcome the irregularities in the lots concerned, preventing to not be duly legalized or authorized, families or persons acquiring real estate, get quickly and with certainty the corresponding property titles;
V that in addition the legal uncertainty caused by the marketing of lots and subdivisions in the lot holder; It has also affected the planning and territorial development at the national level, it is essential to establish instruments which regulate the matter properly and avoid the development of subdivisions in areas not suitable for urbanization.
Therefore, in exercise of their powers and on the initiative of the members and of the members: Ciro Cruz Zepeda Peña, José Francisco Merino López, Francisco Roberto Lorenzana Durán, Lorena Guadalupe Peña Mendoza, Cesar Humberto García Aguilera, Elizardo González Lovo, Irma Lourdes Palacios Vásquez, Mario Alberto Tenorio Guerrero, Gaspar Armando Portillo Benítez, Guillermo Antonio Olivo Méndez, David Rodríguez Rivera, Sonia Margarita Rodríguez Sigüenza , Jose Nelson saved Menjivar, Mauricio Ernesto Rodriguez, Karla Gisela Abrego Cáceres, Héctor Antonio Acevedo Moreno, Felix Agreda Chachagua, Miguel Elias Ahues Karra, José Antonio Almendáriz Rivas, Francisco Ruben Alvarado Fuentes, Jose Orlando Arevalo Pineda, Guillermo Avila Quehl, Douglas Leonardo Mejia Aviles, Eduardo Enrique Barrientos Zepeda, Yohalmo Edmundo Cabrera Chacón, José Vidal Delgado Carrillo, Dario Alejandro girls Argueta, José Álvaro Cornejo Mena , Valentin Aristides Corpeño, Carlos Cortez Hernandez, Luis Alberto Corvera Rivas, Santos Eduviges Crespo Chavez, 2 Alma Rosa Cruz de Ana Vilma de Cabrera, Carmen Elena Calderón de Escalón, Henríquez, César Florentin René Reyes Dheming, Nery Arely Diaz de Rivera, Antonio Echeverria Veliz, Omar Arturo Escobar Oviedo, Emma Julia Fabian Hernandez, Jose Rinaldo Garzona Villeda, Eduardo Antonio Gomar Morán, Melvin David Gonzalez Bonilla , Jose Armando large penalty, Jaime Ricardo Handal Samayoa, Juan Carlos Hernandez Portillo, Gladis Marina Landaverde walls, Hortensia Margarita Lopez Quintana, Mario Marroquin Mejía, Ana Guadalupe Martinez Menendez, Guillermo Francisco Mata Bennett, Rolando Mata sources, Saul Anselmo Méndez, Juan Carlos Mendoza Portillo, Erik Mira Bonilla, Heidy Carolina Mira Saravia, Rafael Ricardo Morán Tobar, Yeymi Elizabett Muñoz Morán, Oscar Ernesto Novoa Ayala, Mr. Orestes Fredesmán Ortez Andrade , Rafael Eduardo Paz Velis, Mario Antonio Ponce López, Zoila Beatriz jaw Solis, Norma Carolina Ramírez, Carlos Armando Reyes Ramos, David Ernesto Reyes Molina, Javier Ernesto Reyes Palacios, Inmar Rolando Reyes, Dolores Alberto Rivas Echeverría, Gilberto Rivera Mejía, Jackelin Noemi Rivera Avalos, Marcos Antonio Salazar, Patricia Maria Salazar Mejia, César Humberto Solórzano Dueñas, Karina lvette Lara Sosa, Jaime Gilberto Valdez Hernández , Patricia Elena Valdivieso Gallardo, Ramon Aristides Valencia Arana, Mario Eduardo Valiente Ortiz, Ezra Samuel Vargas Perez, Guadalupe Antonio Vásquez Martínez, Ana Daysi Villalobos Cruz and Francisco Jose Zablah Safie.
DECREES the following: law special of SUBDIVISIONS and SUBDIVISIONS to use residential title first chapter one provisions General object article 1.-the present law is to regulate the possession of good faith, commercialization and transfer of domain to any degree of parcels or batches resulting from the subdivisions nationwide starting from the entry into force of this law; as well as establish a transitional regime for the legalization, legalization and authorization of subdivisions, incorporated and marketed up to the date of entry into force of this Decree.
SCOPE article 2.-will be governed by this law, including the transitional arrangements laid down in the second, all the SUBDIVISIONS title for residential use, except the following: (1) a) projects classified as complete urbanization types 1 and 2, in accordance with the provisions of article 47 of the regulation of the law of urban planning and construction in relation to allotments and housing developments; (1) (b)) the SUBDIVISIONS financed, developed or owned by the State, public institutions, Governments local in the framework of its powers 3 and which is govern by LAS laws related with the agrarian reform; (1) c) LAS located in reserve forest and AREAS natural protected established by decree by the Ministry of environment and natural resources; AND THOSE THAT ARE IN FRAGILE AREA IN ACCORDANCE WITH PROVISIONS OF THE ENVIRONMENT ACT; (1) d) LAS located in zones archaeological or identified as heritage CULTURAL; ((1) e) LAS located in rights of VIA's compliance with the law respective; (1) f) LAS located in areas of protection, in rivers, streams and areas of risk; ((1) g) the identified with risk very high to TSUNAMI, as the criteria technical given in the catalogue of vulnerability and risk due to flood by TSUNAMI in LA COSTA of EL SALVADOR; (1) h) repealed; ((1) (2) i) the slums and areas marginal; (1) j) the invasions, ENCROACHMENTS and other situations that constitute a violation of the law of property, including the possession of bad faith; And, (1) k) all the SUBDIVISIONS or SUBDIVISIONS that do not have use housing.
(1) THE EXCEPTION ESTABLISHED IN THIS ARTICLE DO NOT APPLY, WHEN LOCAL GOVERNMENTS ARE WHO MARKETED THE LOTS OR PARCELS. ((1) LOS cases to which it refers the LITERAL c), may be subjects for the application of the transitional regime, established in the present law, prior OPINION of the Ministry of environment and natural resources, regarding the measures environmental and techniques to implement, which allow COUNTERACT the risks or impacts environmental caused, which you should be referred to more take inside of the twenty days working following the receipt of the application. THE LACK OF THIS OPINION, IS UNDERSTOOD IN THE SENSE THAT THE REGULARISATION PROCESS CAN CONTINUE. (1) THE COMPETENT AUTHORITY, WILL BE VALUED AND WHAT WILL SOLVE CONCERNED; PROVIDED THE SUBDIVISION THAT IS CONCERNED IS MARKETED, IN ACCORDANCE TO THIS LAW, BY FIFTY PERCENT, OF LOTS THAT MAKE UP THE SUBDIVISION. (1) FOR THE PURPOSES OF THIS LAW, IT MEANS EFFECTIVE HABITABILITY, 4 RESIDENTIAL CONSTRUCTION IN WHICH A NATURAL OR A HOUSEHOLD PERSON RESIDES ACTUALLY. (1) IN CASE OF DOUBT ABOUT THE APPLICATION OF THE EXCLUSIONS, QUERIES WILL BE SENT TO THE AUTHORITIES CONCERNED, WHO SHALL EXPRESS HIS OPINION IN WRITING, CATEGORICAL AND STRICT ABOUT CARRIED OUT CONSULTATION AND ACCORDING TO THE LAW THAT CORRESPONDS, IN THE PERIOD THAT FOR EACH INSTITUTION ARE SET IN THE REGULATION OF THIS LAW; OTHERWISE BE SHALL BE RESOLVED IN A POSITIVE SENSE, MEANING THAT THE AUTHORITY CONSULTED HAS RESPONDED IN THE SENSE THAT IS ACCEPTS THAT IMPEDIMENT TO THE IMPLEMENTATION OF THIS THERE IS NO LAW AND ITS SPECIAL REGIME, IN WHAT CORRESPONDS TO THE LEGAL POWERS CONSULTED AUTHORITY. ((1) for sanctioning purposes, certain in the chapter sixth of the title first and chapter five of the second title of this law, are included all the SUBDIVISIONS that is are included inside of the scope of application of this law, except the described in the LITERAL b) of this article. (1) THE REGULATION OF THIS LAW WILL ESTABLISH PROCEDURES SPECIFIC TO THE DETERMINATION OF THE EXCLUSIONS IN THE SPECIAL REGIME, BEING THE INSTITUTIONS THAT MAKE UP THE SINGLE WINDOW, ACCORDING TO THEIR COMPETENCE OR THE COMPETENT AUTHORITY TO HEAR THE REGULARIZATION PROCESS, WHICH WILL DETERMINE IN EACH CASE, THE EXCLUSIONS MENTIONED IN PREVIOUS LITERALS. (1) definitions article 3.-for the purposes of this Act, means: a. Subdivision: simultaneous or successive Division for commercial purposes, of a property if it would lead to the establishment of a core of population;
b. parcel or lot: portion in which divides one or more properties, legally or in fact;
c. provided: natural or legal person who own behalf or on behalf of third parties, and even acting as an unofficial agent, sells one or more parcel projects or subdivisions and is recognized as provided, marketer or owner of the property;
d. owner of the subdivision or subdivision: natural or legal person who exercised according to the law, domain law, on a property in which develops or markets a project of subdivision or subdivision;
e lot-holder: person who has materially and valuable consideration a property with the intention of purchase on it, the right of domain in accordance with the conditions established in the procurement contract;
5 f. procurement of lots term contract: any form of agreement or contract, regardless of the specific legal form, whose economic content involves the agreement on future tradition of the domain of a lot or plot in favour of the lot-holder by the developer of the plot, and the payment of the price by means of periodic payments for a certain period and can deliver the ownership or possession of the lot or parcel at the time of hiring or at the time of having made the payment in full;
g marketing: any action performed by the developers of the allotment, whether owners or not, or any third party to perform, provide, hire, suits or execute acts, facts or omissions whose object are lots or plots derived from a subdivision;
h. development of a subdivision or subdivision: all physical transformation, which falls on real estate, and which aim at the marketing of lots and the establishment of a core of population;
i. subdivision of progressive development: shall apply the provisions of the law of urban planning and construction regulations;
j compensation: is the retribution in kind or in money that must pay the owner or developer plot of the property in favour of the lot holders, or the municipality, where appropriate;
((k developer plot: interchangeably, are all those included in the definitions set forth in the literal c)) and (d) of this article.
Ban article 4.-it is prohibited the development of subdivisions without corresponding legal approvals.
The lots or parcels from a subdivision cannot be market or sell under any title or by any contractual form, differing the tradition of the domain right to the realization of a future condition or payment of price, unless such parcel or lot has its individual registration in the registry of property root and mortgages of the national records center , in later CNR, upon verification of the Office of corresponding cadastral maintenance, under the figure of dismemberment at the head of its owner, after satisfying the technical and legal requirements determined in the regulation of this law.
In those contracts, agreements or any type of legal relationship or in fact, held in contravention of the foregoing paragraph shall constitute unlawful object.
Chapter second creation, order and organization of the window only of PAPERWORK on SUBDIVISIONS and the registration of developers allotment 6 of the window only of procedures on subdivisions of interest Social article 5.-create the one-stop formalities on subdivisions of Social interest, on the one-stop shop, for the processing of subdivision permits which is responsible of the out urban planning and construction law.
Obligation of collaboration article 6.-all government agencies, autonomous institutions, municipalities and their owners shall be obliged to collaborate with the Department for the execution of this Act, and may delegate duties in accordance with the internal regulations of the Executive Branch, respective laws and the Municipal Code where appropriate, to achieve compliance and facilitate the exercise of the powers conferred on them.
The regulations under this law shall have the form of procedures and means for that is of such cooperation.
Of the procedures before the out article 7.-the window only, it shall be composed of the out, and the other institutions referred to in the sixth article of this law, those who receive and give the necessary procedures for obtaining permits for subdivision or subdivision and reception of works within their competence monitoring on a single physical or virtual office for which empowers them to the holders of the institutions that make up the one-stop shop, to delegate their duties or designate delegates institutional as applicable.
The Coordinator of the single window will be the Deputy Minister of housing and urban development.
In any case, the institutions represented at the one-stop shop will keep its regulatory powers. The different aspects contained in the authorization, supervision shall be exercised by each participating institution, according to competences that confer him the laws to do so.
Likewise, the out can develop computer systems of work, manage financial, human and physical resources and define the mechanisms for integration and facilitation that are required.
The one-stop shop, once is submitted any request for proceedings falling under this law, you must give the answer that corresponds within one period not exceeding 120 days following, to the presentation, otherwise, means that the application was accepted in the required sense.
Processing of permits to the municipal or regional offices of ordering Territorial Art. 8.-for the processing of permits for subdivision or subdivision which is responsible of the municipalities in accordance with the urban planning and construction law and other laws of territorial development and management, is can form single windows of municipal or regional level in relation to procedures on subdivisions or subdivisions , as defined in the preceding article, by means of interinstitutional agreements, with the presence of delegates from the mediating institutions.
7 of plans of territorial and institutional coordination Art.9.-for the processing of permits for subdivision or subdivision that correspond to situations provided for by the present law, shall apply the provisions of the instruments and respective territorial management plans and legislation in the field of management and development land, where any.
Publication of the Base of lots suitable for marketing article 10.-the CNR and the out, may be put at the disposal of the public and free of charge, the information that they have at their disposal concerning the subdivisions approved, registered and suitable for marketing, as set out in article 4 of this law and what is established in its rules of procedure the holders of the CNR and the out being empowered to determine the mechanisms and means of publication according to available resources.
The registration of developers allotment Art.11.-create the out, the allotment developers, public register, in which shall be entered, people natural and legal, national or foreign marketed allotment project or subdivision in El Salvador.
The registration is a mechanism for information and transparency on allotment developers who operate at the national level.
Only allotment developers enrolled in the register, may be marketed lots or plots, under the terms of this law, otherwise will incur in the offences established under this law.
The requirements and procedures for the inclusion of developers allotment will be established in the regulation of this law.
Content and updating of the register of developers Parcelarios article 12.-the registry shall contain for each plot developer, the following information: a) General data of the holder, holders or their legal representative, developer Parcelarios, which shall include as a minimum: name, denomination or company name, nature, home, address, organs of administration, legal representation and certification of registration in the trade register, in the case of legal persons; and (b) complete text of final resolutions arising from the sanctioning processes that continue against allotment developers before the out.
8. independently of the obligations to submit reports when they are requested them, and facilitate the inspections that may be ordered, allotment developers are obliged to annually provide the necessary information to update this log for surveillance and so that it can be consulted by any interested party.
Cancellation of entries in the register of allotment developers article 13.-the registration of allotment developers may cancel by written request of himself, provided this check that the transfer made to a natural or legal person is legal and that all obligations are included in it for with the batch-holders, or by resolution of the out on the terms established in this law.
The procedure for the cancellation of the registration of allotment developers is established in the regulation of this law.
Of the modalities contractual employees to sell lots contracts article 14.-the contracts for the acquisition of lots in the term must be stated in duly authenticated private document or deed, as the lot holder prefer it, so this can choose freely to the notary who authenticated private document or the respective contract will be awarded.
Without prejudice to formalities that impose other laws for the existence of these contracts, the same shall contain at least the following: a) General of the present, and in the case that the appearing party, is not the owner of the property or is not in its entirety, must express powers to force to carry out future tradition of the domain of the property , by means of legal instruments which may be relevant;
(b) property description, nature, area, tuition and assessments or real rights which fall on the property;
(c) the reference of the permit date of granting, allotment, the authority that issued it;
(d) registration number of the land lot developer;
(e) price and method of payment;
(f) conditions under which the lot holder will exercise ownership or possession of the lot or plot, while you make full payment of the price;
9 g) acceptance of an obligation on the land lot developer, in the sense that once paid the price, shall give the sale or title that corresponds and do the tradition of the domain of the property in favor of lot-holder, the period of this obligation shall not exceed thirty days;
(h) conditions in which the lot holder may cancel the contract and its effects;
(i) conditions in which the plot developer may terminate the contract and;
(j) the designation of beneficiaries in case of death.
Is the duty of the land lot developer, deliver within one period not greater than thirty days after the cancellation of the obligations set forth in the contract, all the necessary documentation, so that the lot holder can proceed to carry out the tradition of the domain of the property, likewise, is the duty of the notary who authorized a contract for batch term to give a testimony of the public deed of the signed contract to the lot holder.
For the signing of contracts for the purchase of lots in the term, which referred to in this law, it requires the personal appearance of the owner or owners of the property or is effected by means of special power granted by them, for the Act in question.
When batch term procurement contracts, contracts of adhesion allotment developers they deposited copies of the forms in the Consumer Ombudsman, who shall verify, within one period not greater than thirty days from the respective deposit, that they comply with the corresponding rights of the consumer and those laid down in this law, term within which the relevant observations should be made. Otherwise means that forms comply with the legal provisions in force, and may be used by developers allotment. The Consumer Ombudsman may make available allotment developers, formats, models, which will not require deposit to be used.
It is the obligation of the allotment developers, indicate in all receipts of payment of contributions or payments of contribution to the price making the lot-holders, the balance of payment and if the outstanding assessed contributions.
For the marketing of batches of a subdivision or project allotment, specifically in relation to the celebration of authenticated private document or contract of acquisition of lots in the term, these, are considered a right in favour of the lot holder and its lack will be attributable to the owner or the lotificadores, as it has been agreed among these. In case there is no Convention for these effects, both will be jointly and severally responsible.
Presumption of existence of contract of sale to time limits article 15.-it is presumed the existence of a private document authenticated or the contract for lots in the run, when established periodic payments in order to acquire a lot, which has been made offer, without that is expressed by the contracting parties intended to return 10 of the leased property constituting the periodical payments part of the price or condition to carry out the tradition of the property.
The contractual conditions, can try through receipts, invoices, or any suitable means in accordance with the Civil and commercial procedure code and other laws that apply in civil and commercial matters, and will be assessed based on the healthy criticism. The competent judge will define the contractual conditions, when this event occurs.
Report to the municipality article 16.-the duly authenticated private documents or contracts for the acquisition of lots, must be sent to copy by allotment developers, to the municipality in which is located the subdivision, within the 90 days following its provision to effect of creating the corresponding registration and updating of the cadastral registry.
Likewise, any changes that you make to the document stating the negotiation or purchase must be notified for sale a lot.
Assignment of rights to plots article 17.-the lot holder may assign the rights and obligations of the contract for lots in the run to third parties, notifying responsible for the tradition of the ownership and possession of the property acquired, for the improvement of the transfer to the lotificador and in any case. The transfer will include the rights and obligations arising from the contract, as well as the balance credited to the Bill of fare.
This assignment shall be noted duly authenticated private document or in a public deed, whose testimony will be sent with notification to the land lot developer.
Designation of beneficiaries by cause of death article 18.-is a right of the lot holder the designation of beneficiaries of the contract for lots in the term, to the effect that upon his death, beneficiaries to replace him in the rights and obligations arising from the contract, if still not has been made to the lot holder, the tradition of the ownership and possession of the immovable object of recruitment.
In the designation of beneficiaries, the generals of the same, must be expressed so that where the lot holder dies and that date has not has done in his favor the tradition of the domain of the lot or parcel subject to the contract, fertilizers made to price and the balance thereof, be recognized in favour of the beneficiary, and may this stand in outstanding payments; in such a way that voluntarily can be recognized the outstanding debt by the beneficiary, carry on the rights and obligations of which appointed him as the beneficiary.
The beneficiary shall inform the developer land lot, on the death of its benefactor and if you agree or not to the rights and obligations that as beneficiary correspond, within a maximum period of sixty days after the death of the lot holder, and must reverse any penalty, interest, or surcharge for mora, that may be generated during that period.
11. the plot developer, is obliged to carry out the tradition of the domain and possession of the property in favour of the beneficiary, once was canceled the total price of the lot or parcel.
Rights that correspond to the beneficiary or beneficiaries of the contract for lots in the term, in accordance with this law shall be subject to the provisions of article 1334 of the Civil Code.
In the event of death of the lot holder, provided that you do not operate any insurance or beneficiaries or those named have been established do not accept, the heirs or devisees, if necessary, may continue with the analog contract employee, in the same terms by the deceased, while the allotment developers able to assert how causal death for termination of the contract or lease with promise of sale. Any provision against this article shall be unwritten.
The designation of legatee on the right of acquisition of the property or the right to mastery of the same, after the appointment of a beneficiary, means that it replaces the latter.
At all times the lot holder may change the designation of beneficiaries.
Chapter Room of the contract of administration of the subdivision contract administration of the subdivision article 19.-the contract management of the subdivision, is an agreement of wills in which the owner of the property allows the lotificador to perform on behalf of the owner, planning, processing of permits and/or marketing of plots of land lot project. Contract administration empowers plot developer to perform the General issues that do not require a special mandate.
Management contracts, amendments and termination, will be awarded by public deed and register in the register referred to in article 11 of this law, as well as to the trade registry and in the registry of property root and mortgages of the location of the property or subdivision.
For these purposes, the plot developer must submit it in one period not exceeding ten days starting from the granting of the public deed.
Responsibility of the allotment developers article 20.-the lotificador and the owner of the land will respond jointly and severally for compensation of damages that apply for breach of the obligations that both or either of them, has contracted with the lot holder; any clause that limits this liability shall be unwritten.
12. it is presumed the existence of a management contract, when is of at least one of the conditions set out in subsection first of the preceding article.
Requirements of the contract article 21.-the management contracts shall contain at least: a) Declaration of domain by the owner of the immovable object of the contract, as well as: nature, location, extension and history register;
(b) conditions and technical characteristics of the subdivision;
(c) obligations of the parties;
(d) term of the contract;
(e) rules on accountability;
(f) rules for the early settlement of the contract; and (g) mandate in favour of the lotificador to perform administrative, municipal and judicial procedures which may be necessary for the approval, legalization and commercialization of the subdivision.
Chapter fifth the protection of contracts and guarantee of their compliance with approval the project plot article 22.-a time approved the subdivision project by the out, or the appropriate decentralized bodies, these must deliver in a single act, summary of such approval certification and permission, which the person concerned shall submit to the registry's root property and mortgages corresponding to the jurisdiction in which is located the building where will be held the Subdivision, so is temporarily annotated the inscription that corresponds to the property to share. For the registration of the preventive annotation, it will be required that the property is free of charge.
The requirements that shall meet such certification, will be established in the regulation of this law.
The effects of the registration of the preventive annotation are rolled back to the date of their presentation and are limited to that real estate may not be subject to new affectations, levies, liens, transfers, disposals or any other right that it is intended to register, unless in the case of one of the purchasers under any title. These effects of the preventive annotation, will stop by the registration of the transfer document's domain to the batch-holders, 13 beneficiaries or recipients of social equipment; or upon the express request of the competent authority which ordered the preventive annotation corresponding registry to cancel it.
The Lotificador, may request the deallocation of all or part of the licensed property, to be marketed in lots or parcels, provided that any contract term lot acquisition has been concluded.
Ban expresses Art. 23.-it prohibits real estate object of the marginalization of the subdivision are subject to liens or rights limiting the availability of lots or plots in favour of their batch-holders.
If the owner or developer plot of a property where a subdivision, it develops transfiriere the total or partial domain of the same, the buyer will assume all obligations which the owner acquired or developer with the lote - holders, both in the management contract and in the contract of purchase, leaving existing preventive annotation.
When the transfer of the full or partial domain of the properties that make up the subdivision, to a third party whose intention is to continue with the marketing of them, and therefore represent a continuity of the obligations of the owner; the same preventive annotation will remain in force, unless this limit registration of the right to mastery of the new purchaser who will have the quality of lotificador; If this last has accepted commitments with the plot - holders both in the management contract, as in the forward sale contract, so that it does not constitute a mechanism of fraud against creditors and batch-holders, if any.
Any agreement to the contrary shall be void.
Article 24.-the priority estate in which to develop a subdivision under the terms established by the present law, the same parcels or lots into which it is divided, may not be seized by creditors of allotment or proprietary developers, in detriment of the rights of the lot holders, persecution or procedural execution carrying out third will continue to about workflows and resources derived from the income of the subdivision , to which obligations remain the priority indicated in the common law. If domain transfer is effected for any reason, this only can be incorporated and recognizing the obligations arising from the contracts with the batch-holders.
The tradition of succession due to death of rights having the owner of the subdivision, and the domain shall include obligations and burdens arising from contracts for the acquisition of lots or any other similar term, as well as also the contract of administration that has been agreed. In the same way will proceed with court rulings auction and adjudication in payment of the subdivision.
Chapter Sixth 14 regime punitive presumption of the existence of an article 25.-for subdivision penalizing effects it is presumed the existence of a subdivision, when by a natural or legal person is divided physically or materially, with or without buildings, land or will alter the boundaries thereof in order to sell them to any title that may give rise to the establishment of a population core.
Offences article 26.-are administrative violations of this law, the following: a) the lack of granting of the contract for batch term allotment developers in terms which designates this law in favour of the lot holder;
(b) promote, sell, promise to sell or commercialize lots or plots in contravention to the provisions of article 4 of this law;
(c) refuse to make or impede the tradition of the domain of the lot or parcel, once canceled the total price of the lot and that has been obtained corresponding approvals;
(d) obstruct or prevent by any means the designation of beneficiaries, as well as refusing to acknowledge them, when they are legally designated;
(e) not to register, or update the registry of allotment developers when any obligation to do so pursuant to the provisions of the present law;
(f) failure to provide the information required by the out in terms which designates this law or impede the functions of monitoring and inspection that in accordance with this, law made the out on the allotment developers; and (g) simulate under different contractual or registration, figures the creation of subdivisions or subdivisions to avoid meeting the requirements established by this law, urban planning and construction Act, and its regulations.
For the infraction in the literal g), CNR inform the out the name of owner, location, and registration history of the property where detected a possible development of subdivision or subdivision; to the out check such information, start the sanctioning procedure as established by the present law, for which due process must be followed.
15. the infringements referred to in this article shall apply to legal relations or events from the entry into force of this law.
Classification of offences and penalties article 27.-are serious offences, failure to comply with the rules contained in the literal to), d) and f) of the preceding article of this Act.
They are very serious breach of the rules contained in the literal b), c), e) and g) of the preceding article of this Act.
Previous offences shall be punished administratively, in accordance with the following rules, prior implementation of due process: to) serious offences will be sanctioned with fine up to two hundred minimum monthly wages in urban in the trade; and (b) serious offences will be sanctioned with a fine of between two hundred and five hundred minimum monthly wages in urban trade and/or the definitive suspension of the marketing of the subdivision in question.
Infringements to), b), c), d) and e) may be imposed as accessory punishment the suspension of the marketing of lots up to a period of three years and in the same way the inscription allotment developers registration.
Where infringements affect collective rights the fine for very serious offences may be aggravated up to five thousand urban minimum wages in the trade.
Competition to punish art. 28.-Correspondera to the Ombudsman of the consumer, through its disciplinary court, notwithstanding the granted powers to impose penalties in its own law, know the sanctioning procedure
((((and impose sanctions for acts or omissions referred to in subparagraphs to), b), c) and d) article 26 of this law.
The sanctioning procedure to observed consumer advocacy for the handling of the bidding procedures will be laid down in the law of protection to the consumer.
In the same way shall you the Ombudsman's consumer, through its Disciplinary Tribunal, punish violations of this law affecting collective or diffuse interests of the lot holders, in the terms established by the law of the protection to the consumer. In this case the Disciplinary Tribunal will have Faculty of ordering the refund paid by the batch-holders as restorative of the judgment effect.
It will be out by means of his owner, know procedure 16 penalties and impose the sanctions by LAS actions U omissions provided for LOS literal e), f) and g) of article 26 of the present Act, by means of the procedure laid down in the articles following. (1) the informality article 29.-when the Consumer Ombudsman or the out have knowledge of any infringement of their competition to this law, either by denunciation or by any other means, should follow automatically the corresponding process to impose respective sanctions. In no event shall commence two administrative process bidding for the same cause, either by action or omission.
Of the proceedings article 30.-in order to document the actions that are carried out, inspectors or technicians delegated by the Consumer Ombudsman, or the out previous citation of the compartmental developer, rise records which shall contain the place where practice diligence with an indication of the time and date, the constituted authority and the names of the other mourners , the object of diligence and if it is in compliance with a previous resolution, will also be mention of it. Then indicate the result of diligence, expressing themselves with due care the circumstances that are relevant.
Complaints and instruction Art. 31.-any complaint may formulate in writing before the out when it is within their competence, and should contain the identity of the people who have it, the account of the facts that could constitute infringement and, when possible the date of their Commission and the identification of the alleged perpetrators.
If there are sufficient evidence on the existence of an infringement of its competence, in accordance with the present law, the out allowed the complaint and ordered the examination of the respective case reasoned resolution which will contain the facts that motivate the commencement of the procedure, the preliminary qualification of the alleged administrative violation and possible sanction as well as the identification of the alleged offender.
Previous resolutions shall be notified to the alleged infringer so that within five business days you can make allegations, documents and information that it deems appropriate.
Since the beginning of the sanctioning procedure, the Deputy Minister may enact as precautionary suspension of the marketing of the parcels or lots, which may be revoked before the change of the circumstances that led to its adoption.
Test article 32.-due within five business days, refers to the previous article, the out open to testing the procedure for a period of eight working days, in which the parties must present evidence choosing. Within this period, shall take a decision resolution 17 which corresponds.
The out available ex officio at any time during the procedure, the practice of the test which it deems appropriate, giving interested parties intervention.
They will be admitted to test media recognized in the common law, which is applicable and appropriate scientific methods.
Evaluation of the test article 33.-the test shall be assessed in accordance to the technical reports of the inspectors or technicians of the out, constitute evidence.
Motivation of the decision article 34.-the final resolution which is pronounced in the sanctioning procedure will be duly motivated and shall include all of the elements of fact and law arising from the record and the claims and exceptions of the parties.
Notification article 35.-for all offences, set forth in this law, will ensure the alleged offender the right to be notified of the facts that is charged in accordance with the common law.
Article 36.-the resource resolution which imposed the sanction for breach of this Act, only allowed judicial review, which will know and will solve the out or consumer advocacy in your case, giving terminated the administrative instance. The deadline for such an appeal will be five working days from the notification. And it will be resolved in a maximum period of 15 working days.
Enforceable by the resolutions article 37.-the character resolution which would impose a fine shall be made effective the offender, within ten business days following the day that the resolution is firm.
The resolutions shall be enforceable both in terms of the fine imposed as in measures of repair or injunctions that may contain.
The resolution referred to in this provision is not fulfilled within the period fixed in the preceding paragraph, the Deputy Minister shall refer certification to the Prosecutor General of the Republic to make the penalty effective following appropriate action before the competent courts.
Proportionality and basis of sanctions 18 article 38.-the imposition of administrative sanctions regulated and established in the present law, shall apply the principle of proportionality in the offence and the penalty, taking into account the following criteria: a) the severity of the damage caused to the health or quality of life of the inhabitants of the lots;
(b) the actions taken by the offender to prevent or repair the damage caused;
(c) the benefits obtained by the infringer;
(d) the damage made the environment in breach of the regulations in force at the time of become the subdivision;
(e) the reiteration in violation of this law and its regulations; and (f) the size of the subdivision project.
TITLE second chapter the first regime transitional to the regularization of the subdivisions provisions General Declaration of public order Art. 39-stated enforcement the transitional regime, as well as the regularization of ownership, possession and ownership of the plots derived from the subdivisions for the benefit of the lot holder and its provisions shall prevail over any others that contradict them.
Creation and object of the regime transitional article 40.-create a regime transition for a period of six years from the entry into force of this law, which has by object establish a procedure INTEGRAL for the approval or validation of LAS SUBDIVISIONS developed and marketed without have met with LOS requirements legal and technical corresponding, which ensure the security legal to LAS people that have acquired or hired lots in these SUBDIVISIONS.
THE TIME LIMIT REFERRED TO IN THE PREVIOUS PARAGRAPH, DOES NOT IMPLY THE TERM THAT HAVE THE LOTIFICADORES TO START THEIR REGULARIZATION PROCESSES BUT, THE OBLIGATION WHICH IS THE COMPETENT AUTHORITY, TO FINALIZE SUBMITTED REGULARIZATION BEFORE IT PROCESSES AND ALLOTMENT AND PROPRIETARY DEVELOPERS TO MEET THE 19 REQUIRED BY THE COMPETENT AUTHORITY IN DIFFERENT RESOLUTIONS ISSUED.
WITHIN THIS REGIME, THE LOTIFICADORES SHOULD START THEIR PROCEDURE, UP TO ONE HUNDRED AND EIGHTY DAYS CALENDAR BEFORE THE END OF THE PERIOD OF DURATION OF THIS REGIME, EITHER FREE TO THE VICE-MINISTRY OF HOUSING AND URBAN DEVELOPMENT OR TO ANOTHER COMPETENT AUTHORITY.
WILL NOT BE SUBJECT TO THE PROVISIONS OF THE PRESENT TRANSITIONAL REGIME, THOSE SUBDIVISIONS OR SUBDIVISIONS FOR RESIDENTIAL USE, WHOSE MARKETING HAS STARTED BEFORE SEPTEMBER 7, 2012, WITHOUT HAVING OBTAINED THE PROPER PERMITS OR HAVING THEM, THEY HAVE LOST THEIR VALIDITY OR THEY HAVE BEEN MODIFIED IN SUCH A WAY THAT SUCH SITUATION, PREVENTS ITS REGISTRATION AT THE NATIONAL CENTER OF RECORDS.
THE developer land lot, the owner or his HEIRS, declared or not, of a subdivision, that is found in the situation, described above, you must prove convincingly the previous circumstances, by means of: a) the documents of marketing that prove the existence of LA subdivision inside period previously established, subject as required in the article 41 of this law; And, (b)) that the percentage of lots ENROLLED in the registry of the property root E mortgages corresponding, is not less than 80 per cent of lots that make up the subdivision from his home.
SATISFYING THE ABOVE REQUIREMENTS, YOU MAY REQUEST REGISTRATION OF THE MISSING LOTS ACCORDING TO THE CADASTRE AND REGISTRY PROCESS SIMPLE SEGREGATIONS, PROVIDED THAT THE PROPERTY UPON WHICH IS THE SUBDIVISION OR PART OF IT, CAN COUNT ON SUFFICIENT REGISTRATION AREA TO DO SO AND THERE IS NO INVOLVEMENT IN THE IDENTIFICATION OF PENDING REGISTRATION.
THE COMPETENT AUTHORITY, TO ESTABLISH COMPLIANCE WITH THE PREVIOUS CRITERION
IT WILL BE THE NATIONAL CENTRE OF RECORDS THROUGH THE OFFICES OF CADASTRAL MAINTENANCE DIRECTION OF THE GEOGRAPHICAL INSTITUTE AND THE NATIONAL LAND REGISTRY.
FOR THIS PURPOSE, IT MUST COMPLY WITH THE PROVISIONS OF THE REGULATION OF THIS LAW.
IF THE OWNER OR DEVELOPER PLOTS WERE NOT IN ACCORDANCE WITH THE DETERMINED BY THE CADASTRAL MAINTENANCE OFFICES, MAY BE OF SUCH A RESOLUTION, ACCORDING TO THE PROVISIONS OF ARTICLES 17, 18, 19 AND 20 OF THE ACT'S PROCEDURES UNIFORMS FOR THE SUBMISSION, PROCESSING AND REGISTRATION OR DEPOSIT OF INSTRUMENTS ON THE RECORDS OF PROPERTY ROOT AND MORTGAGES, SOCIAL REAL ESTATE TRADE AND INTELLECTUAL PROPERTY, ISSUED BY LEGISLATIVE DECREE NUMBER 257, JANUARY 28 IN THE YEAR 2004, PUBLISHED IN THE OFFICIAL JOURNAL NUMBER 126, VOLUME NUMBER 20 364 7 JULY OF 2004.
FOR THE PURPOSES OF THIS LAW, THE RESOLUTIONS OF THE OFFICES OF NATIONAL CADASTRAL MAINTENANCE RECORDS, ARE SUBJECT TO RESOURCES AND PROCEDURES REFERRED TO IN ARTICLES CITED IN THE PREVIOUS PARAGRAPH. ((1) (2) the date of commencement of the marketing test article 41.-the beginning of the marketing of the subdivision, may be tested by any of the following means: to) through the presentation of contracts for the acquisition of lots term duly LEGALIZED the LOTIFICADORA company accounting records; And, b) by means of CONSTANCY of cancellation or receipts COMPELLING and with support accounting that check payments newspapers of part of LOS lot-holders plot developer as part of the price TOTAL to cancel the batch.
If the subdivision not is find inhabited or not count with development any that show the existence of the same, the authority competent you can also request also of the tests of marketing before mentioned any of the following: a) Declaration sworn granted before notary, in which appear the lot holders with which are have marketed lots; And, b) record of home of the subdivision issued by EL Mayor MUNICIPAL of LA jurisdiction where is find the property object of the allotment. AND IN CASES WHERE APPROPRIATE MAY BE CONSIDERED PROOF OF MARKETING THAN THOSE LISTED IN PARAGRAPH OF THIS ARTICLE FIRST. (1) article 42.-is responsibility obligation to allotment all immovable object of the present transitional system developers, undergo the process of regularization.
The responsibility of complying with the process owner or owners of the property or the General properties and in solidarity to others that are considered as parcel developers in accordance with this law.
Competent authority article 43.-the competent authority to know the process of regularization of subdivisions 21 shall be determined in accordance with the powers granted with respect to the procedures of authorization of subdivisions according to the urban planning and construction, law and other laws related to the matter.
The competent authorities, is the out or municipalities, where appropriate, for processing of the regularisation process, hold the provisions of this law and its regulations.
Chapter second procedure of regularization article 44.-the regularization of the subdivisions shall be in accordance with the following procedure: the competent authority, convene to LOS developers allotment that have developed or marketed SUBDIVISIONS without counting with the permits legal corresponding, often that is necessary and with the periodicity that it deems suitable during the effective of the term to which is concerns the article 40 of this law , THROUGH GENERAL PUBLICATIONS IN TWO NEWSPAPERS WITH NATIONAL CIRCULATION, OR GUIDELINES IN RADIAL MEDIA, SO THAT THEY PRESENT THE ONLY FORM OF REGULARIZATION IN A PERIOD UP TO SIX MONTHS, COUNTED FROM SUCH PUBLICATION, TOGETHER WITH THE ACCOMPANYING DOCUMENTATION IN WHICH YOU CAN SEE GENERALS OF THE APPLICANT AND THE AVAILABLE PROPERTY DATA, AS WELL AS THE LEGAL STATUS PHYSICAL, SOCIAL, REGISTRY AND CADASTRE OF REAL ESTATE AT THE TIME OF INITIAL LICENSURE. ((1) together with the form of regularization, the allotment developers must submit the following documentation: a) a document showing the status with which acts the lotificador and owner of the subdivision where appropriate;
(b) level of topographic survey that reflects the physical reality of the settlement and distribution of batches of the allotment, which must agree with the registration and cadastral data of the property in the corresponding register;
(c) description of the subdivision, including the management of the available basic services relating to the supply of drinking water, wastewater management, water from surface runoff (rain water), solid waste common, if any;
(d) identification of risks presenting the property where seated the subdivision, which generated insecurity for the people who inhabit it;
(e) proof of cancellation of rights corresponding to the process of regularization.
In those cases in which risk areas are identified, but despite this, the risks can be mitigated, such mitigation must be carried out by means of the remedies set out in this law, for its subsequent approval.
REQUESTS FOR REGULARIZATION OF THOSE SUBDIVISIONS WHICH ARE FOUND 22 LOCATED IN RISK AREAS, TECHNICALLY ESTABLISHED BY THE MINISTRY OF PUBLIC WORKS, AND ON WHICH APPROPRIATE COMPENSATION, WILL PRESENT A PLAN OF MITIGATION WORKS SUPPORTED BY THE CORRESPONDING TECHNICAL STUDIES, WHERE IS ESTABLISHED MANAGERS RUN THE WORKS AND THE RESPECTIVE TIMETABLE FOR IMPLEMENTATION WHICH WILL BE EVALUATED BY THE OUT, WHO CAN OR DOES NOT GIVE ITS APPROVAL. IN CASE OF NOT HAVING SUCH APPROVAL OF THE OUT, WILL BE DENIED WITHOUT FURTHER FORMALITY. THE SUBDIVISIONS IN CASE PREVENTING THE RISK CONDITIONS, TO BE TOTALLY CAN REGULARIZE PARTIALLY. (1) the competent authority will not receive any form of application for regularization in cases in which the documentation or information requested present incomplete.
The land lot developer who does not attend the appeals in a timely can enter their procedures of regularisation prior procedure and payment of fines imposed for the infringement established in the present law.
AUTHORITY COMPETENT TO HAVE KNOWLEDGE OF THE EXISTENCE OF A SUBDIVISION DEVELOPED WITHOUT AUTHORIZATION OR THAT IS THE SUBJECT OF COMPLAINT BY THE HOLDERS LOT OR BY ANY PERSON OR INSTITUTION, SHALL NOTIFY THE OWNER OR DEVELOPER PLOT FOR THAT IN THE PERIOD THAT INCLUDES THE CURRENT CALL IS SUBMIT REGULARIZATION PROCEDURE, AND IN THE EVENT OF NON-COMPLIANCE WITH THE PROVISIONS OF THE PRESENT ARTICLE WILL BE CAUSAL INFRINGEMENT AND IS WILL PROCEED IN ACCORDANCE WITH PROVISIONS IN THE FIFTH CHAPTER OF THE TITLE SECOND OF THIS LAW. (1) verification and analysis of the information article 45.-the authority competent to verify the information provided by the developers allotment, conduct the inspections that consider necessary and the analysis detailed of each subdivision, in order determine the risks existing to LA health and safety physical of LAS people that GENERATES the settlement, pronouncing on the requirements technical, environmental and legal that must be be resolved and Dante issue in a term not greater of sixty working days starting from THE RECEIPT OF THE REQUEST, THE FEASIBILITY OF REGULARIZATION AND THE REQUIREMENTS NECESSARY FOR THE SUBDIVISION BE REGULARIZED.
THE COMPETENT AUTHORITY MAY AUXILIARY TECHNICAL OPINIONS ISSUED BY THE INSTITUTE OF LEGALIZATION OF PROPERTY, TO PRONOUNCE ON THE PHYSICAL, LEGAL, SOCIAL AND CADASTRAL REALITY OF THE SUBDIVISIONS SUBJECT TO THE PROCESS OF REGULARIZATION.
IF NOT COINCIDIEREN THE DOCUMENTS SUPPLIED WITH VERIFIED INSPECTIONS OR ANALYSIS OF INFORMATION, THE REQUEST TOGETHER WITH ITS ANNEXES WILL BE RETURNED TO ALLOTMENT DEVELOPERS, THROUGH WRITTEN COMMUNICATION, THAT INDICATED INCONSISTENCIES, IN ORDER THAT CORRECTIONS BE MADE UNTIL THERE PLACE, WHICH WILL HAVE TWO MONTHS COUNTED FROM THE DATE THE COMMUNICATION.
23 the competent authority, you can consult with other institutions to determine the application of the exclusions article 2 LITERAL d) of the present law. FOR THIS, AND IF FURTHER THE SUBDIVISION IS LOCATED WITHIN A RADIUS OF TWO KILOMETRES AWAY FROM SOME ARCHAEOLOGICAL SITE OR SITE OF CULTURAL INTEREST, AND INSPECTION CARRIED OUT BY THE MINISTRY OF CULTURE OF THE PRESIDENCY, RESOLVED THAT YOU NECESSARY ARCHAEOLOGICAL STUDIES, THE PERSON CONCERNED MUST TAKE THESE STUDIES IF THUS THE COMPETENT AUTHORITY OTHERWISE IT WITH CORE CRITERIA AND REPORTS THAT CAN BE APPLIED TO THE CASE.
OWNER AND DEVELOPER PLOTS, WILL BE REQUIRED TO DELIVER THE INFORMATION AND SCHEDULE OF ACTIVITIES FOR THE REALIZATION OF STUDIES TO ANY PLACE, TO THE COMPETENT AUTHORITY, PRIOR SEEN GOOD INSTITUTION THISS STUFF REQUESTED STUDIES; PROVIDING FOR THE TERMINATION OF SUCH
STUDY ONE NONGREATER TERM OF FORTY DAYS TO PRESENT THE FINAL RESULTS CERTIFIED BY THE COMPETENT INSTITUTION ON THE SUBJECT. (1) criteria for the issuance of the resolution of regularization Art. 46.-LA authority competent used how parameters for the emission of LA resolution of regularization, LOS requirements of urbanization of SUBDIVISIONS qualified with grade of urbanization U4 of conformity to LO SENALADO in the regulation of the law of URBANISM and construction in LO relative to SUBDIVISIONS and developments housing ABOUT CORDS GUTTERS, RAINWATER AND SEWAGE, SOCIAL FACILITIES AND PARKLAND. IN PREVIOUS CASES, AS WELL AS IN THE CASE OF SERVICES OF DRINKING WATER, THE OWNER AND DEVELOPER PLOTS MUST BE AS RESPONSIBLE FOR SOLIDARITY, IN ACCORDANCE WITH ARTICLE 42 OF THIS LAW, CONSIDER AT LEAST ONE SOLUTION ACCORDING TO THE LOCATION AND DEGREES OF DEVELOPMENT SET OUT IN THE REGULATION OF THE LAW OF URBAN PLANNING AND CONSTRUCTION IN RELATION TO SUBDIVISIONS AND HOUSING DEVELOPMENTS AND IF YOU DO NOT MEET THESE REQUIREMENTS , A VIABLE SOLUTION MUST BE PRESENTED IN ACCORDANCE WITH THE REQUIREMENTS ESTABLISHED BY LAW, TOGETHER WITH THE CORRESPONDING TECHNICAL BACKUP.
IN SPECIAL CASES, REPRESENTING A RISK TO THE SECURITY OF THE POPULATION, THE COMPETENT AUTHORITY IN AN EXCEPTIONAL WAY, MAY REQUEST AN OPINION, WHICH SHALL BE INFORMED TO THE MINISTRY OF ENVIRONMENT AND NATURAL RESOURCES IN THE ENVIRONMENTAL CRITERIA IN THE TECHNICAL GUIDELINES, WHICH MUST BE ISSUED BY AGREEMENT IN THE FIELD OF ENVIRONMENT AND NATURAL RESOURCES, IN THE FIRST SIXTY DAYS AFTER THE ENTRY INTO FORCE OF THIS LAW.
THE MINISTRY OF CULTURE OF THE PRESIDENCY, WILL BE RESPONSIBLE FOR DETERMINING THE EXISTENCE OF ARCHAEOLOGICAL OR CULTURAL HERITAGE, BY MEANS OF THE CRITERIA LAID DOWN IN SPECIAL REGULATIONS OF CULTURAL HERITAGE, RESPECTING THE PROCEDURES CONTAINED IN THIS ACT AND ITS REGULATIONS. THE AREA TO BE CONSIDERED WILL BE THE THIRD ITEM 45 OF THE PRESENT SUBSECTION REFERRED TO IN ACT 24.
THE COMPETENT AUTHORITY SHALL PRONOUNCE ON ALL ASPECTS LAID DOWN IN THE PRESENT LAW AND ITS REGULATION, FAILING TO MAKE CONSULTATIONS IF IT CONSIDERS IT NECESSARY TO OTHER AUTHORITIES WHO HAVE A PERIOD OF TWENTY WORKING DAYS TO RESPOND CATEGORICALLY AND DETERMINANT ON QUERIES, AND CAN THESE AUTHORITIES REQUEST THE COMPLETION OF STUDIES IN SPECIAL CASES, FOR WHICH IS SHALL AT THE END OF THE PREVIOUS ARTICLE SUBSECTION. (1) resolution of regularization article 47.-plot developer shall have a period of twenty working days to comment on the resolution of the feasibility of regularization and the requirements for declaring REGULARISED the subdivision and present new proposals for compensation or the same technician, if detail is thus required to. AFTER THE PREVIOUS PERIOD, THE AUTHORITY COMPETENT TO ISSUE RESOLUTION DETERMINING THE CONDITIONS IN WHICH THE SUBDIVISION MUST REGULARIZE AND COMPENSATION WHICH SHALL COMPLY WITH THE ALLOTMENT DEVELOPERS.
THE LAND LOT DEVELOPER MAY REQUEST IN WRITING TO THE COMPETENT AUTHORITY AND UP TO THREE TIMES, EXTENSION FOR THE SUBMISSION OF THE STATEMENT ON THE RESOLUTION OF THE FEASIBILITY OF REGULARIZATION OR RETURN, JUSTIFYING THE REASONS FOR THE REQUEST, WHICH WILL BE EXTENDED FOR THE PERIOD DEEMED REASONABLE BY THE COMPETENT AUTHORITY TO MEET THE REQUIREMENTS, ALWAYS AND WHEN TO CHECK THE VERACITY WITH EVIDENCE SUPPORTING DOCUMENTS. IN ANY CASE IS NOTIFIED WITHIN A MAXIMUM OF TEN WORKING DAYS TIME AFTER RECEIVED THE REQUEST, AND THE TIME LIMITS SHALL BE BORNE AS THE RULING FROM THE THIRD WORKING DAY DATE OF ISSUED THE EXTENSION RESOLUTION. BREACH IN THE GIVEN TERM OR IN YOUR CASE IF THE MAXIMUM OF EXTENSIONS GRANTING PERMITTED BY THIS ACT, IF PLOT DEVELOPER DOES NOT COMPLY WITH THE REQUIREMENTS OF THE RESOLUTIONS ISSUED BY THE COMPETENT AUTHORITY, IS DEEMED ABANDONMENT OF THE PROCESS DEFINED IN ARTICLE 60 AND WILL PROCEED TO APPLY THE SANCTIONING REGIME ESTABLISHED IN THIS LAW.
THE resolution of regularization to issue the competent authority shall at least contain: a) the delimitation of the AREA of the subdivision which is declares REGULARISED and AREAS which are declared not REGULARIZABLES to you;
b) the delimitation of AREAS green and equipment SOCIAL, if the has;
c) LAS areas of reserve for the development of the systems General of 25 infrastructure road and services public DOMICILIARY, among others, that have an impact on the AREA;
d) identification of zones of protection environmental and areas of risk;
e) finding the compensation that you should make the developer plot;
f) technical reports related with the requirements archaeological, cultural and urban development that has been requested; And, g) signature of the competent authority.
IF IT REQUIRES YOU DO MAPS UPDATE, THIS MUST BE CARRIED OUT BY THE PREVIOUS LOTIFICADOR THE ISSUANCE OF RESOLUTION OF REGULARIZATION.
RESOLUTION OF REGULARIZATION MAY HAVE RECOURSE TO APPEAL TO THE MINISTRY OF PUBLIC WORKS, TRANSPORT AND HOUSING AND URBAN DEVELOPMENT OR TO THE CITY COUNCIL WHERE APPROPRIATE, ANY DECISION BY WHICH COMPENSATION IS IMPOSED. (1) article 47-A-in case that the plans already approved in regularization contain errors that must be corrected to be presented to the CNR, the person concerned may submit a request for modification or RECTIFICATION of approval of plans by errors that contain, in which shall substantiate its request.
THE AUTHORITY COMPETENT SHALL PROCESS THE REQUEST IF IT VERIFIES THAT CONTAINED MISTAKES ARE CORRECTABLE AND NOT SUCH THAT DISTORT THE REGULARIZATION GRANTED. THE NEW RESOLUTION WAS ATTACHED TO THE REGULARIZATION ORIGINAL RECORD AND WILL BE PART OF THE SAME.
PAYMENT OF RIGHTS PERTAINING TO THIS APPLICATION WILL BE THE EQUIVALENT TO 25 PERCENT OF THE AMOUNT CANCELLED IN RESPECT OF THE APPLICATION FOR REGULARIZATION, WITH A MINIMUM OF FIFTY DOLLARS OF THE UNITED STATES OF AMERICA. ((1) compensation article 48.-the present transitional regime includes the following types of compensation: to) compensation for non-compliance with the applicable rules established by the competent authorities in relation to the economic value or retribution in kind which shall deliver the parcel developers to compensate the lot-holders, the community or the municipality, defaults to the technical rules as determined;
(b) give to the municipality one or more batches that are available, free of all liens 26, so that they are destined for green areas or area of social facilities, prior verification of the minimum conditions for applications intended for;
(c) grant of nearby land for parkland or social facilities;
(d) creation and donation of works of infrastructure for the benefit of the lot holders;
(e) those arising from environmental issues to give back by impacts or negative effects generated by the plot development and that they cannot be avoided, corrected, mitigated or replaced; and (f) financial compensation in favour of the lot holders.
When they are committed within a subdivision, lots in areas at risk, protected areas, rights-of-way, removal and in general in certain areas not legalize them, allotment developers must build works of protection required, and refund 100% of the price of the lot at market value, or prepare a plan of relocation by agreement with the , or the lot holders according to be the case.
When payment of the respective compensation is made in cash to the batch-holders, this will take place under the supervision of the Consumer Ombudsman and the competent authority will know the process of regularization.
The compensation for carrying out works or investments in the subdivision, are environmental or not, will be carried out by the land lot developer under the supervision of the respective competent authority.
For the determination and ranking of the compensation, the competent authority shall apply the following criteria: seriousness of the breaches, amount of affected batches of the subdivision, percentage of habitability of the subdivision, degree of involvement to the life, physical integrity or health of the lot holders, issuing resolution that determines amounts or species that constitute compensation, expressing in all cases , the cash value of defaults in order to make enforceable obligations in cash, in order to perform works that apply.
For the fulfilment of the respective compensation the lotificadores and the owner of the property will have joint and several liability without prejudice to any criminal liability that you may incur.
Else pertaining to criteria and form of determination of compensation shall be established by law.
Marginalization of existence of the allotment
Article 49.-a after issue resolution of feasibility of regularization, the authority competent to deliver trade at the property registry root and mortgage correspondent, so is PREEMPTIVELY note the existence of the allotment in the corresponding registration record or, safeguarding, or 27 real estate General where the subdivision of any future disposal or persecution Act has been developed , PROVIDED THAT DID NOT PREVIOUSLY EXIST A RIGHT REGISTERED IN FAVOUR OF THIRD PARTIES; WITHOUT PREJUDICE TO THE PERSECUTION THAT MAY BE MADE ON FLOWS OF CASH CARDHOLDERS ACCOUNTS PAYABLE THE BATCH PRODUCT, AND THE OTHER ELEMENTS OF THE PLOT DEVELOPER SUBJECT TO ASSESSMENT. THIS OFFICE MUST CONTAIN THE AREA IN WHICH THE SUBDIVISION HAS BEEN DEVELOPED.
THE EFFECTS OF SUCH ANNOTATION WILL PREVENT THE REGISTRATION OF ANY CHARGE OR TRANSFERS OTHER THAN THAT THIS ARTICLE ALLOWS. TRANSFERS OF DOMAIN IN FAVOUR OF THE LOT HOLDERS CAN REGISTER LOTS COMPRISED IN THE ALLOTMENT, ALWAYS THAT COMPLIED WITH THEIR CONTRACTUAL COMMITMENTS AND THE ALLOTMENT IS DULY REGULARISED AS STIPULATED IN THIS LAW. IN ADDITION, THE TRANSFER BECAUSE OF THE DEATH OF THE OWNER OF THE PROPERTY SHALL BE ENTERED. ALSO REMAINDERS DOMAIN TRANSFERS SHALL BE RECORDED OR PORTION OF THE PROPERTY GENERAL THAT IS NOT AFFECTED BY THE DEVELOPMENT OF THE ALLOTMENT.
THE MARGINALIZATION OF THE PREVENTIVE ANNOTATION EXISTENCE OF ALLOTMENT, IT WILL NOT BE CAUSAL TO PREVENT THE PRESENTATION, PROCESSING AND REGISTRATION AT THE NATIONAL CENTER OF RECORDS OF ANY ACT OR DILIGENCE WITHIN THE REGULARIZATION PROCEDURE, NOT HAVING NONE OF THESE COMPROMISING OR MARGINALIZED REAL ESTATE DOMAIN.
IN THOSE CASES IN WHICH THE REAL ESTATE OR IN WHICH THE SUBDIVISION IS DEVELOPED IS RESOLVED BY THE COMPETENT AUTHORITY, A DENIAL OF REGULARIZATION, NOT THE OFFICE REFERRED TO IN THE SUBPARAGRAPH FIRST OF THIS ARTICLE WILL BE. (1) Disclaimer administrative article 50.-the Declaration of regularization together with compliance in time and form of the measures of compensation, exempt allotment developers of administrative responsibility for regulatory breaches with respect to the development of the subdivision concerned laid down in the resolution.
Prohibitions Article 51.-establish the following prohibitions allotment developers: to) that the subdivisions are expanded beyond the actual boundaries that were reported, verified and reported in the regularization process, except that the enlargement is verified in accordance with the corresponding legal procedures;
(b) sub-parcelar, or modify batches, subsequent to the approval without having requested proper reform to the competent authority;
(c) market lots or parcels, if after completion of the call to the developer land lot 28, this is not subjects to the regularisation process or who had left the same for breach of deadlines or resolutions.
Any breach of the provisions of the present article shall be punished by the competent authority in accordance with the procedure laid down in the sixth chapter of the first title of this law, without prejudice to the criminal liability that came to incur.
Chapter third of the process of registration of the subdivisions of the process of registration the subdivisions article 52.-the owner, developer plot or provided, shall have a period of sixty days from the notification of the decision is declared the regularization of the subdivision or subdivision, to present the relevant documents, in accordance with the following provisions to the national records center : The developers of the allotment of the subdivisions or allotments whose authorization has been granted by the competent authority and the professional or technician responsible for the topographic survey and the preparation of the approved plans, must declare by means of public deed and under solemn oath, plans presented with the script corresponding to the place and real property boundaries and that In addition, there are no disputes of third parties on the edges of the same; in the case already had effected dismemberments, also must demonstrate the surface extension and technical description to these properties, indication and identification of lots sold and numbers of registration have been reduced. The public deed, subject to cadastral verification and corresponding registration qualification.
The registration of writing referred to in this article, will be required to carry out the registration of subsequent transfers made by the owner on the property being lotificando or parcelando, either through simple segregations or by dismemberment at the head of its owner in accordance with the provisions of the present law.
The falsehood of this statement will make the offender incurring corresponding criminal responsibility, and the respective official notice to the Attorney-General's Office of the Commission of a possible illicit.
Professional referred to in the second paragraph of this article, shall be Civil Engineer, architect, technician in Civil Engineering or technical architecture, and duly registered with the national register of architects, engineers, designers and builders of the out.
Article 53.-If the building in which the subdivision that has been regularized developed have the seventy and five percent or more of the total batches registered in favour of third parties, the owner will be batch transfer via simple segregations which will be controlled on the basis of the approved 29 planes.
Article 54.-If the building in which the subdivision that has been regularised was developed has less than seventy-five percent of the pending registration lots or has not performed any fractionation, in addition to the instruments referred to in the following article, should provide and submit to the corresponding register, the break-up at the head of its owner , after checking the plane in the CNR cadastre.
Article 55.-in the event that the subdivision or subdivision has been carried out on several properties, they shall meet, provided they form one body, giving the respective public deed; In addition, to that effect, if there is difference between the registry history and the actual area described in the plans approved by the competent authority, be must grant writing referred to in article 52 of this law, for purposes of registration and subsequent transfers made by the owner in favour of third parties.
Article 55 - to-plot developer shall have a period of one hundred and eighty days from the registration of the writing of the break-up at the head of its owner, as articles PRECEDENTS, to transfer batches REGULARIZED the lot holders that have been cancelled in its entirety the price of them.
THE COMPETENT AUTHORITY MAY ASK THE NATIONAL CENTER RECORDS THE CORRESPONDING REGISTRY TRACTS REGISTRATIONS THAT ARE RESULTING FROM REGULARISATION. IN THE EVENT OF NON-COMPLIANCE WITH THE PROVISIONS OF THE PRECEDING PARAGRAPH, THE COMPETENT AUTHORITY OR THE LOT HOLDERS THE CORRESPONDING COMPLAINT MAY BE BROUGHT BEFORE THE OMBUDSMAN OF THE CONSUMER START SANCTIONING PROCEDURES.
IN THE EVENT THAT ANY OF THE LOT HOLDERS MAY NOT APPEAR TO THE GRANTING OF THE PUBLIC DEED PURCHASE, EITHER BECAUSE OF MISSING OR DECEASED, THE DEVELOPER PLOTS WILL IN WRITING THIS SITUATION TO THE COMPETENT AUTHORITY FOR PURPOSES WHICH DO NOT APPLY THE PENALTIES PROCEDURE LAID DOWN IN THE FOREGOING PARAGRAPH, PRESENTING EVIDENCE HAVE NOTIFIED TO THE HOLDERS BATCH COMPLETION OF THE PROCESS OF REGULARIZATION AND THE CALL FOR THE GRANTING OF THE DEED OF SALE IN THEIR FAVOR. (1) Faculty of inspection article 56.-El out or the competent authority in the case, will have the right of inspection, control and sanction this law confers.
In any case, the out or the competent authority in the case, fined the immovable generals and allotment developers, homeowners in case does not submit to the regularization process, as provided for in the present law without prejudice to notify the Attorney General of the Republic where appropriate in the case of evidence of possible criminal offences.
Chapter room 30 of the process of legalization of the subdivisions curator special absent not declared article 57.-If the owner or one of the owners of the property where a subdivision has been made whatsoever absent undeclared and who do not know that they have left attorney or legal representative with sufficient powers to award contracts that may be necessary in favour of purchasers of plots or follow the regularisation process or when a legal person lacks (legal representative or Manager in the Republic, will be appointed them special curator in accordance with the following procedure: a) the interested person, may turn to the competent judge in civil matters of the place
in which are located the buildings, which hereinafter is referred to as "The judge" or before a notary, to apply for the appointment of special curator to represent it to one or more of the absent not declared;
b) the judge or the notary will admit the request immediately, ordering the publication of a notice that incorporates the same. Such publication will be made only once, in a newspaper of national circulation, placing also such notice in the boundaries of the property where the subdivision and in more visible places thereof; as well as on the undercard of the Municipal Government of the site where that property;
(c) the notice of the judge or notary will prevent that if the undeclared away I will find in the country or have a proxy or legal representative, is brought before the judge or notary who has quoted it, within twenty days after publication;
(d) if within the period specified in the previous paragraph, submission of the owner / co-owner absent, your agent or legal representative, judge or notary, shall suspend the proceedings for the appointment of a curator;
(e) if the expiry of the aforementioned term the owner non-submission or co-owner, undeclared absent, or his attorney or legal representative, judge or notary shall proceed to appoint the special curator who shall be a lawyer, and you must explain the implications of the charge, who must demonstrate acceptance of the charge under oath and stick to it faithfully and legally; and (f) the special conservator named will legitimize his personality with appropriate certification issued by the judge or the notary, considering that the Faculty of grant, in favour of purchasers of lots, the Scriptures that are necessary, and make the proceedings or any legal act for the legalization of the property of its represented.
Acceptance of inheritance article 58.-when the owner and the lot holder may be necessary to follow the procedure indicated in the provisions of chapter II, title VII, the third book of the Civil Code, or the law of the notary exercise of the voluntary jurisdiction and other proceedings, concerning inhabitants owners or lot offices of the Secretary of the Supreme Court of Justice reply will be within 31 five business days following of received and publication the respective edict they will do only once in a newspaper of national circulation.
Subdivisions with charges article 59.-in the case that, on the estate of the SUBDIVISIONS fall mortgages, liens or other charges make it impossible to conclude sales of plots in FAVOR the lot holders, General real estate owners and creditors should FORMALIZE a PLAN that guarantees the payment of claims and obligations and cancellation of assessments within a period NO greater A three years FROM THE BREAK-UP AT THE HEAD OF ITS OWNER.
SUCH AGREEMENT SHALL CONTAIN THE CONDITION THAT ONCE HOLDER LOT HAS CANCELLED ALL THEIR LOT OR LOTS, MARKETED WITHIN THE TERM ESTABLISHED IN THE PREVIOUS PARAGRAPH, THE CREDITOR SHALL DISMANTLE PART OF THE GENERAL PROPERTY AND IS WILL PROCEED TO THE DEED OF THE LOT OR LOTS FOR THE LOT HOLDER.
PAYMENTS MAY AGREE THAT THEY ARE LOADED TO THE MONETARY FLOWS FROM THE SUBDIVISION. ((1) Chapter fifth offences and penalties offences art. 60. are violations of the present transitional regime, as follows: to) do not undergo the process of regularization in the period stipulated in this law or who had left the same for breach of deadlines or resolutions;
(b) failure to comply voluntarily with the obligation to compensate, in accordance with the ruling by the competent authority;
(c) to continue selling lots or parcels without submitting to the regularization process established under this Act;
(d) to continue selling lots or plots in those cases in which the regularization of the subdivision or requested allotment authorization has been refused; (and e) does not comply with the other obligations and prohibitions imposed by the regularization regime established in this law.
Article 61.-the above infractions will be sanctioned administratively by the competent authority to know the process of regularization, in accordance with the following rules: a) the offence contained in the letter e) of the preceding article, is 32 enacted with fine whose amount RANGING between seventy and five and two hundred fifty wages minimum monthly urban in SECTOR trade, without prejudice to the corresponding CIVIL and criminal liability; And, (1) b) infringements contained in the letters to), b), c) and d) of the preceding article, is enact with a fine whose amount OSCILLATED between two hundred fifty and one and two thousand wage minimum monthly urban in SECTOR trade, without prejudice to the corresponding CIVIL and criminal liability. (1) Article 62.-breaches them referred to in the present chapter will follow the sanctioning procedure and criteria laid down in the sixth chapter of the first title of this law.
Chapter sixth provisions late publications article 63.-the out and the other competent authorities may publish a list of the subdivisions and parceladores developers subjected or not to the process of regularization.
Special Fund for subdivisions Art. 64-has established a payment only, by the process of regularization of SUBDIVISIONS, which is calculated with BASE to a cent of dollar of the United States of AMERICA, per metre square, of the TOTAL EXTENSION of the project of subdivision which is further REGULARIZE.
THE SINGLE PAYMENT DESCRIBED ABOVE AND LAID DOWN IN ARTICLE 47-A, SHOULD BE DONE WITH WRIT OF PAYMENT IN THE COLLECTIONS OF THE OFFICE OF THE COMPETENT AUTHORITY, AND WILL BE DESTINED FOR THE SUSTAINABILITY OF THE HANDLING OF PROCESSES OF REGULARIZATION OF SUBDIVISIONS. IN THE CASE OF THE DEPUTY MINISTER OF HOUSING AND URBAN DEVELOPMENT, WILL BE ADMITTED TO THE FUND'S SPECIAL ACTIVITIES OF THE MINISTRY OF PUBLIC WORKS, TRANSPORT AND HOUSING AND URBAN DEVELOPMENT.
IN ANY CASE, THE FEES ESTABLISHED BY THIS SPECIAL LAW, CANNOT BE MODIFIED BY THE COMPETENT AUTHORITIES TO DEAL WITH THE PROCESS OF REGULARIZATION OF SUBDIVISIONS IN ACCORDANCE WITH ARTICLE 43 OF THE SAME. (1) payment of rights registration and cadastre article 65.-the cadastre and registry rights payments will be those laid down in the laws and agreements of the CNR, except the projects qualified social interest by the ILP, in accordance with prescribed 33 in the article 3 of the law of creation of the unit of Social property registry.
Article 66.-Los indispensable rights established in this law in favour of the lot holders are inalienable.
Specialty of the law article 67.-the present law is special character, so that its provisions shall prevail over any other that counteract it.
All that is not expressly foreseen in this law, shall apply supplementary civil rules and other provisions contained in the common legislation that may be necessary to apply, which is not contrary to this Act.
Time limits article 68.-deadlines referred to in this law be counted in business days unless expressed otherwise in this law.
Regulation article 69.-the President of the Republic shall issue the regulation of this law within a maximum period of 120 days from the publication of this law in the official journal.
Entry into force article 70.-the present law shall enter into force 120 days after its publication in the official journal.
GIVEN in the blue room of the Legislative Palace: San Salvador, twenty-five days of the month of January of two thousand twelve.
OTHON SIGFRIDO REYES MORALES, PRESIDENT.
CIRO CRUZ ZEPEDA PENA, GUILLERMO ANTONIO GALLEGOS NAVARRETE, SENIOR VICE PRESIDENT. SECOND VICE PRESIDENT.
JOSE FRANCISCO MERINO LÓPEZ, ALBERTO ARMANDO ROMERO RODRIGUEZ, THIRD VICE PRESIDENT. FOURTH VICE PRESIDENT.
FRANCISCO ROBERTO LORENZANA DURAN, FIFTH VICE PRESIDENT.
34 LORENA GUADALUPE PEÑA MENDOZA, CÉSAR HUMBERTO GARCIA AGUILERA FIRST SECRETARY. SECOND SECRETARY.
ELIZARDO GONZÁLEZ LOVO, ROBERTO JOSÉ d'AUBUISSON, Third Secretary. FOURTH SECRETARY.
IRMA LOURDES PALACES VASQUEZ, FIFTH SECRETARY. SIXTH SECRETARIAT.
MARIO ALBERTO TENORIO GUERRERO, SEVENTH SECRETARY.
Note: In compliance with the provisions of article 97, subsection 3rd of the Interior regulation of this organ of the State, it is noted that this Decree was received on February 15, 2012, with observations made by the President of the Republic, resolving, this Legislative Assembly accept partially these observations in the plenary of the twenty-second of February of this year.
Cesar Humberto Garcia Aguilera Second Secretary.
Presidential House: San Salvador, in the fifth day of the month of March of the year two thousand twelve.
PUBLISHED, Carlos Mauricio Funes Cartagena, President of the Republic.
Gerson Martínez, Minister of public works, transport and housing and urban development.
D. o. No. 46 vol. No. 394 date: March 7, 2012 ROM/adar 30-03-2012 reform: (1) D. l. No. 48, 16 July 2015, D. O. No. 160, T. 408, 3 September 2015.
(2) D. l. No. 219, 10 December 2015, D. O. No. 4, T. 410, January 7, 2016.
35 SV 23/09/15 18/02/16 FN INDEX LEGISLATIVE