Law 44 Of March 31, 2015 - Provisions On Subsidized Construction

Original Language Title: Legge 31 marzo 2015 n.44 - Disposizioni in materia di Edilizia Sovvenzionata

Read the untranslated law here: http://www.consigliograndeegenerale.sm/on-line/home/archivio-leggi-decreti-e-regolamenti/scheda17141125.html

Council Commission THE PERMANENT FINANCE, BUDGET AND PROGRAM; CRAFTS, INDUSTRY, TRADE; TOURISM, SERVICES, TRANSPORT AND TELECOMMUNICATIONS, WORK AND COOPERATION its meeting on November 14, 2014 examined and approved at the referen SAN MARINO We the Captains Regent of the Most Serene Republic of San Marino Having regard to Article 4 of the Constitutional Law n.185 / 2005 and Article 6 of Qualified Law n.186 / 2005; We promulgate and publish the following ordinary law approved by the Great and General Council at its meeting on March 20, 2015: March 31, 2015 44 LAW PROVISIONS IN THE FIELD OF BUILDING AIDED TITLE I AIMS 'Art.1 (Purpose) 1. This law It defines the conditions, methods and procedures for access to the state contribution aimed at supporting the families living on the territory of the Republic of San Marino in order to meet their housing needs in the territory. TITLE II STATE CONTRIBUTION Art. 2 (the household Definition) 1. The family, recipient of the state contribution, is that recorded in the family status certificate issued by the Office of Civil State of the Republic of San Marino. Considering household member's spouse until the ruling of judicial separation or the separation agreement approval date. 2. Where, in verification and control of the requirements pursuant to Articles 12 and 16, the Office of Labor determines the change in household composition occurred following the submission of the application, the evaluation of the existence of the requirements for admission to the benefit or its maintenance account shall be taken of the same change. Art. 3 (Persons entitled to State contribution) 1. Can access to the contribution of the state the citizen of San Marino and the forensic having master data and actual residence, for at least five years in the Republic of San Marino in accordance with current legislation, also as a member of duly registered in the Public Register Housing Cooperative, which respects the following conditions: a) are aged between 18 and 60 years old at the time of the grant application; b) they are not, the applicant himself or members of his immediate family, owners of real estate leases, property rights, the bare ownership, usufruct, dwelling, in whole and / or in part, at home or abroad , of a building intended for use in residential and adapted to the housing needs of the household or of a building with a total cadastral income higher than € 1,000.00 or a building plot with area greater than sqm. 500. The cadastral income is determined on the basis of the revaluation coefficients provided for in Article 81 of Law 165 of 18 December 2003; c) part of a household whose average annual net income reported last three years: c1) does not exceed € 35,000.00 if formed from a single component; c2) does not exceed € 25,000.00 per head if composed of at least two persons; d) the applicant or members of his family have not sold to third parties, for whatever reason, a suitable property to its housing needs in the two years preceding the application for admission to the benefit. 2. The income of a family composed of more than two persons is calculated by adding the income of point c2) of Section 1 above the amount of € 10,000.00 per capita for each additional component. 3. The average annual net income is calculated on the basis of the tax return filed by members of the family. 4. For proper building the housing needs shall mean a residence with a total area of ​​at least square meters. 30 in the case of family nucleus formed by a single component, in addition to square meters. 15 for each additional member forming part of the household. 5. For the total area means the floor area real estate unit, including storage rooms, accessories, bathrooms, balconies and porches with the exception of common stairwells to other buildings, cellars and garages. The surface of the rooms used as cellars and garages can not be greater than the percentage of 15% and 70% of that area. 6. The state contribution may be paid to the person entitled once. 7. Can not access the state grant those who have already benefited from the advantages provided for in the Laws April 24, 1980 32, July 8, 1981 and December 15, 1994 59 110. 8. Do not caught by the prohibition referred to in the preceding paragraph the spouse, not direct beneficiary of the loan, which, as a result of separation or dissolution or termination of the civil effects of marriage, change their residence.
9. The rates in the upper paragraph 1 letter c) may be amended by delegated decree. Art. 4 (Financial coverage and definition of the interest rate) 1. The Budget Law, in accordance with the provisions of Law 30 of February 18, 1998, fixed the allocations for each year or for multiple years to cover the costs for the contribution by the State. 2. With special delegated decree has fixed the maximum interest rate that can be applied on the loans referred to in this Act, taking account of changes in market rates and the social purpose of this Act. Determining the rate will take into account reports received from industry associations of the banking and financial sector and associations of legally recognized consumers. Art. 5 (Loans secured from the state contribution) 1. Beneficiaries of the state contribution are the persons referred to in Article 3. 2. The loans secured by the state contribution paid by banks and financial companies, which aims purchase , the construction of new homes, completion, expansion, upgrading, scientific restoration and conservative rehabilitation of properties to be used as first home of the applicant and his family and adapted to the housing needs of the core itself under 'Article 3, paragraph 4, including by entering into real estate lease or takeover contract. 3. Loans for renovation of homes included in the Historic Places, Historic Nuclei of Law 7 of 29 January 1992, for the renovation of the buildings included in the Law 103 of 18 September 1990, for scientific restoration or conservative renewal of including properties in homogeneous areas "a" referred to in Article 33 of Law 29 January 1992 7, as well as for scientific restoration or conservative restoration of the buildings included in the catalog "a" and "B" of Law 18 September 1990 103 are not cumulative and therefore, are not covered by the contribution of the State when the applicant for the same property has already received the benefits referred to Delegate Decrees 86 and May 5, 2010 May 5, 2010 and 87 of which the law 15 December 1994 n.110. 4. The fee referred to in paragraph 2 shall not be granted if the subject of the mortgage property is classified or classifiable as a stately home called type A1 according to the cadastral categories established by the applicable legislation. 5. There are assisted by state contribution mortgages granted for routine maintenance and / or extraordinary. 6. loans secured by the state contribution should be designed to homes that have a total area of ​​less than 200 sqm, to be calculated according to the provisions of paragraph 5 of Article 7. 3. The State did not match any contributions for lower mortgages to EUR 40,000.00 and above to EUR 450,000.00. 8. The state contribution is calculated on the amount of the loan actually contracted by the applicant. The state contribution is still calculated on the maximum amount of € 130,000.00 even if the loan has been contracted for a higher amount. 9. The amounts referred to above in paragraphs 7 and 8 may be modified by delegated decree. Art. 6 (Duration and determination of the state contribution) 1. The state subsidy is provided and assists the mortgage for its entire duration that can not exceed the maximum of twenty-five year period. 2. The total amount of the contribution is determined exclusively in accordance with the length of the loan and the rate of the Republic of San Marino average indicated annually by the Central Bank for loans made at a fixed interest rate calculated on the last date of application referred to in 'Article 11. 3. the state contribution is calculated in proportion to the interests backing the mortgage itself determined under the previous paragraph and is equal to: a) 55% of the interest for loans lasting less than or equal to years ventincinque; b) 60% of the interest for lifetime mortgages equal to or less than twenty years; c) 65% of the interest for lifetime mortgages equal to or less than fifteen years; d) 70% of the interest for lifetime mortgages equal to or less than ten. 4. The annual contribution shall be calculated by dividing the total contribution so determined by the number of years of the loan entered duration. 5. The contribution of the delivery system is established with State congressional regulation. Art. 7 (Suspension of assistance) 1. The state contribution is suspended in the following cases: a) the beneficiary fails to provide payment receipt or other appropriate documentation to certify the payment of the installment or the installments related to the previous year ' Labour office;
b) in case of loan for the purchase of property, the beneficiary fails to deliver within six months after conclusion of the loan agreement to the Office of Labor, the act of purchasing the property subject of the grant; c) in case of loan having as objective the construction, completion, expansion, upgrading, scientific restoration and conservative renovation of real estate, the beneficiary within six months from the signing of the loan agreement does not deliver to the Office of the work communication construction start submitted to the relevant departments; d) if, within three years from the signing of the contract of loan, the beneficiary does not deliver to the Office of Labor certificate of conformity of the dwelling building subject of the grant; e) the beneficiary fails to deliver Labour Office the documentation relating to the transfer of residency to the subject of the loan within six months of issue of the certificate of conformity construction; f) if the inspections conducted show that the recipient family does not reside in the home object of the loan for the duration of the payment of the contribution by the State; g) where the members of the family beneficiary, after payment of the contribution, are no longer in possession of the requirements of Article 3, paragraph 1, letters b) and c); h) if the beneficiary does not give in, within twelve months of purchase of the new house, the building became inadequate to the housing needs of the household of the same applicant. Art. 8 (Early repayment and termination of the mortgage) 1. Within seven days early from extinction or by resolution of the loan, the bank or the finance company give to the Office communication ordering the cessation of the contribution. Art. 9 (Withdrawal of contributions) 1. The Office of Labour has the decadence contribution where, following the checks referred to in Article 16, ensure the ends of the household beneficiary of the assistance the absence of any of the requirements Article 3, paragraph 1, letters b) and c) the date of application of that levy. 2. In case of forfeiture of the beneficiary is obliged to return all'Ecc.ma Room, within sixty days from the decision of the Labour Office, the amount of erogatogli contributions up to that date. 3. The contribution also lapses if within one year of notification of the decision of suspension of the same as per paragraph 1 of Article 7 the circumstances that they are not deleted resulting in discontinuation. 4. The beneficiary is not required to return the amount of the contribution erogatogli, in the case of forfeiture of the contribution under the provision of the preceding paragraph. Art. 10 (Communication measures) 1. The provisions of Articles 7, 8 and 9 shall be adopted by the Office of Labor and are notified by registered mail with return receipt to the beneficiary and the credit institution or financial company lender. Of such measures it is also posted on the Directorate of Public Finance and the Attorney General of the State. Art. 11 (access to the benefits Question) 1. The application for admission to the state contribution is forwarded, even by post with registered letter with acknowledgment of receipt, by the owner of the apartment or from the finance lease tenant to 'Labour Office, on specially prepared forms of the same, within one year of the conclusion of the loan agreement. 2. The application shall be accompanied by the following documentation: a) the loan agreement signed with the San Marino law credit institution or foreign bank; b) substitute declaration regarding the existence of the requirements of Article 3, paragraph 1, in accordance with Law 159 of October 5, 2011; c) the minutes of the board of the cooperative that indicated what the admission of the applicant's contribution partner, if the purchase is made through the cooperative. 3. shall apply mutatis mutandis to the present law, the provisions of the Laws October 5, 2011 # 159 and # 160. Art. 12 (Examination and modes of delivery) 1. The Office of Labour decision regarding access to the contribution of the applicant within sixty days of the filing of the application referred to in Article 11, after verification of the fulfillment of the requirements from ' Article 3. This examination is carried out in the order of receipt and provided funds provided to balance on a special chapter. 2. The resolution authorizing access to the contribution, with an indication of the amount and duration of payment, shall be notified by registered letter with acknowledgment of
receipt to the applicant. The resolution is also posted on the Directorate of Public Finance. 3. The applicant against whom the resolution referred to in paragraph 1 was adopted must submit, in a single solution, documentation proving the payment of the loan installments. 4. Financial assistance is carried out by the Labor Office within ninety days of submission of the documentation referred to in the preceding paragraph. 5. The Office of Labour has the payment of the fee directly to the applicant. Art. 13 (portability of the mortgage) 1. Beneficiaries of the state contribution is granted the right to enter into with a different lender than the one with which the contract was initially assisted by the mutual contribution, a contractual subrogation of the original mortgage with no the application of penalties or other charges of any kind. 2. The surrogate credit institution is required within thirty days following the termination of the loan agreement to communicate to the bank subrogor the amount of the outstanding debt. The subrogation credit institution granting the loan for the remaining amount indicated by the institution of a surrogate credit for the remaining term of the original loan. 3. The subrogor lender takes over any collateral and guarantees granted by the borrower at the Institute of surrogate credit. Art. 14 (Guarantees) 1. Financing granted under this Act are secured by a mortgage or other forms of guarantees in favor of the credit institution or financial company lender on the real estate object of the assisted funding from contributions. 2. The registration of the mortgage or the establishment of other forms of guarantee and any possible amending acts and extinguish the same, and the subingresso are subject to registration, mortgage and transcription in a fixed amount. Art. 15 (Claw-back) 1. Obligations arising from loans backed by the state contribution and the warranty shall not be subject, after the consolidation of the mortgage referred to in the following paragraph, no action to void the competition provided by Article 3 of the Law 15 November 1917 17, as amended, or the action for revocation "pauliana". 2. The mortgage referred to in Article 14 is consolidated within ten days after registering with the Property Register Records. Art. 16 (Revision of the loan) 1. The Office of Labour, upon notification or ex officio, whenever it deems it necessary and in any case every three years, verifying the existence and permanence of the conditions for the provision of assistance the purpose of the measures referred to in articles 7 and 9. TITLE III COMMISSION fOR tHE MANAGEMENT oF BUILDING RESIDENTIAL Art. 17 (Commission for the Management of Construction Residential) 1. E 'established the Commission for the Management of Construction Residential, appointed by the Great and General Council for the duration of the legislature. Art. 18 (Composition) 1. The Commission for the Management of Construction Residential consists of: a) a representative of the Secretariat of State for Labour with responsibility for Cooperation; b) two representatives of the political forces which express the majority in the Great and General Council; c) two representatives of the political forces which express the minority within the Great and General Council. 2. The Commission in its meeting to appoint settlement inside the President and the Vice-President. 3. Take part in the sessions of the Commission for the Management of Construction Residential an official from the Labour and an official of the State Accounting - Heritage Sector. 4. The following are incompatible with the office of member of the Commission for the Management of Housing Residential: a) members of the Council Great and General; b) assignments with individual powers of legal representation, political and administrative office in political parties, political movements and trade union organizations; c) Members of the Commission for Territorial Policies; d) anyone who has interests in the real estate sector, which the manufacturer or business associate who operate in the construction and / or real estate intermediation. 5. The Secretary of the minutes may also be chosen from outside the members of the Commission. Art. 19 (Functions) 1. The Commission for the Management of Housing Residential: a) review and decision on the hierarchical appeals filed pursuant to Article 21; b) it absorbs and performs the functions referred to in Article 26, paragraph 2. Art. 20 (Operation) 1. The Commission meets at least once a month, convened by its President. 2. The Commission shall be validly constituted when there is a majority of its members; Resolutions are taken by majority vote.
3. The meetings are minuted by its secretary signing the minutes together with the Chairman. In performing demandatele functions, the Commission may seek and receive help and contribution of the Offices of the Public Administration competent on the issues. 4. The Commission members that boast a direct or indirect interest on the subject of deliberation practices are obliged to give prior notice to the Chairman and to refrain from its decision. Art. 21 (Hierarchical Appeal) 1. An appeal against the measures taken by the Office of Labor in accordance with this law the person concerned can promote administrative appeal on legal grounds and on to the Commission for the Management of Construction Residential. 2. The action referred to in the preceding paragraph is submitted to the Commission for the Management of Construction Residential within a deadline of fifteen days of receipt of the contested measure. The action is notified to the Commission for Residential Housing Management at the Office of Labour. 3. The Commission for the Management of Construction Residential pronounce on the appeal filed within thirty days of its submission. The Commission's decision shall be communicated to by registered letter with acknowledgment of receipt in the next fifteen days. Art. 22 (to the courts) 1. An appeal against the decisions made by the Commission for the Management of Construction Residential referred to in Article 21 shall be admitted in court proceedings under the Act 28 June 1989 68. 2. The experiment of hierarchical procedures specified in Article 21 is the eligibility status of the administrative courts. TITLE IV TRANSITIONAL AND FINAL PROVISIONS Art. 23 (Transitional Provisions) 1. Applications for subsidized housing finance, already submitted before the entry into force of this Act, shall be examined in accordance with the laws in force at the time of the presentation. 2. E 'given the opportunity to applicants, within thirty days after the entry into force of this Act, to withdraw his applications have not yet been examined for the purpose of submitting the application in accordance with this law. Art. 24 (Loans disbursed under the previous laws) 1. The subsidized loans already in existence at the date of entry into force of this Act continue to be governed by the laws in force at the time of grant. 2. For the underwriters of loans already in existence at the date of entry into force of this Act, which terminated in advance the loan granted under the laws previously in force, is recognized as a tax credit to be calculated General Tax on income, 80 % of the subsidy paid by the State interest on the remaining annual installments, to be divided in five annual installments starting from the tax period in which the extinction occurred. 3. For the underwriters of mortgage loans already in existence at the date of entry into force of this Act is granted the right, subject to the Office communication to break down the remaining debt of the loan in a manner different from those indicated in the repayment plan. Art. 25 (the privilege Transfer) 1. The buildings and purchased with the benefits of Law 110 of December 15, 1994 and its subsequent amendments are not transferable inter vivos in any way, in whole or in part, until the extinction of the loan, under penalty of nullity. 2. Notwithstanding the provisions of the preceding paragraph, the Commission for the Management of Construction Residential may authorize the mortgage holder to dispose of the property where one has become inadequate to the changing housing needs of the household, in accordance with the provisions of paragraph 2 of Article 3 of Law 110 of 15 December 1994, in order to allow the purchase of a new property. 3. The holder of the loan agreement entered into pursuant to Law 110 of December 15, 1994 and its subsequent amendments, which verses in the conditions referred to in the preceding paragraph, may apply to the Commission for the Management of Construction Residential being allowed to Property transfer and cancellation of privilege on the same burden. 4. The granting of authorization is subject to the condition that the property that the applicant intends to purchase both the demand and space completed on the date and on the same both ordered the transfer of the privilege in favor of the state. 5. The housing cooperative member can forward the request for authorization to transfer the privilege of another accommodation only if the cooperative has already done, with a public act, the allocation of housing property in his favor.
6. Authorisation to the housing cooperative partner is subject to cancellation by the cooperative and the acceptance of the conditions for the granting of the loan in favor of individuals. Art. 26 (Commission for Subsidized Housing Management) 1. Until the settlement of the members of the Commission for Residential Housing Management referred to in Title III, the tasks and functions attributed to this in the present law shall be exercised by the Commission for the Management Subsidized Housing. 2. From the settlement date specified in the preceding paragraph, the Commission for the Management of Construction Residential is responsible, together with the functions under this Act, the functions already assigned to the Commission for Housing Management Funded under law 110 of 15 December 1994 and its subsequent amendments. Art. 27 (repealed provisions) 1. The following are repealed all rules contrary to the present law and in particular Article 1, Title II and Title V of the Law 110 of December 15, 1994 and its subsequent amendments. 2. E 'repealed the paragraph 3 of Article 43 of 110/1994 Law. Art. 28 (Entry into force) 1. This law comes into force on the fifteenth day following that of its legal publication. Our Residence, this day of 31 March 2015/1714 THE CAPTAINS REGENT Gian Franco Terenzi - Guerrino Zanotti THE SECRETARY OF STATE FOR INTERNAL AFFAIRS Gian Carlo Venturini