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Royal Decree 1056 / 2015, On 20 November, Which Regulates The Granting Of A Direct Grant To The Municipality Of Lorca, For Rehabilitation, Regeneration And Urban Renewal In Lorca.

Original Language Title: Real Decreto 1056/2015, de 20 de noviembre, por el que se regula la concesión de una subvención directa al Ayuntamiento de Lorca, para la rehabilitación, regeneración y renovación urbana en Lorca.

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TEXT

The Ministry of Public Works, as an organ of the General Administration of the State responsible for the preparation and implementation of the Government's policy on access to housing, construction, urban planning, land and architecture, has among its objectives to promote the rehabilitation and reconstruction of the urban areas deteriorated or in the process of degradation.

The earthquake in Lorca on 11 May 2011 caused considerable damage. The immediate action of the public authorities was necessary through the approval of various state and regional rules in order to recover the urban, economic and social fabric in the region, as well as the gradual restoration of the normality in the city of Lorca.

The severity of the damage caused to numerous housing buildings has required rehabilitation and in many cases, its demolition and subsequent reconstruction.

In many cases, these urban tissues already presented factors that advised rehabilitation and reform interventions, which have become more necessary with the incidence of the earthquake.

In order to contribute to the recovery of the property park of Lorca, the General Budget Law of the State for 2015 signed a budget item amounting to 2,000,000.00 euros with the following literal: 17.09.261N.740.03 ' Sepes Lorca. Murcia ".

The object of this royal decree is the execution of works of rehabilitation, regeneration and urban renewal as well as those urban actions that need to be undertaken by the City of Lorca as a result of the damage suffered by the earthquake in the municipality, aimed at improving or expanding the public housing stock.

This is intended to advance the completion of the reconstruction and rehabilitation processes, especially in the cases that have been aggravated by the socioeconomic circumstances affecting the victims of the disaster. earthquake, in many cases of vulnerable population groups, with scarce economic resources, which means to prevent the conclusion of these processes.

The existence of certain community members who do not want or cannot join the reedificatory process, makes it necessary to arbitrate exceptional mechanisms that permit the obtaining by the City of Lorca of the resources necessary for the total recovery of the city, especially when the replacement of some houses does not allow for more delay, since it is urgent that the displaced persons can access a dwelling.

This is why, since there are reasons of public and social interest, the State, through the Ministry of Public Works, will collaborate directly in the financing of rehabilitation, regeneration and urban renovation works in Lorca, by the grant of a direct grant in accordance with Articles 22.2.c) and 28.2 and 3 of Law 38/2003 of 17 November, General of Subsidies and Article 67 of Royal Decree 887/2006 of 21 July 2000, for which the approves the Regulation of Law 38/2003 of 17 November, General of Grants, since it is a special initiative of economic characteristics aimed at the reconstruction and rehabilitation of houses destroyed or affected by the earthquake, not included in the general transfers of funds for the financing of the actions in housing, so the public call for the grant is not appropriate.

In this sense, it should be noted that among the measures provided for in the Council of Ministers ' Agreement of 28 October 2011, it was available that the Public Entity of Soil, SEPES, could intervene as a public promoter. of protected housing, prior to the assignment of the Ministry of Development and within the framework of collaboration specific to subscribe with the Autonomous Community of the Region of Murcia and the City of Lorca. In the development of the above, a Protocol of collaboration between the City of Lorca and SEPES for the adoption of measures in the field of housing was signed, dated October 3, 2011.

Given the time since the Protocol's subscription without it being developed and in order to better serve the interests of the affected neighbors, it is considered more appropriate for the recovery of the municipality. act, through the City of Lorca, contributing to the financing of the rehabilitation, regeneration and urban renovation works that are still outstanding as a result of the earthquake.

Thus, in order to comply with the will of the legislator to contribute EUR 2,000,000.00 to the recovery of Lorca, the amount entered in the General Budget Act 2015 under heading 17.09.261N.740.03 ' Sepes Lorca. Murcia ", will go to the City of Lorca.

Therefore, the granting of this aid, although it produces a change in the beneficiary of the subsidy, in no case alters the purpose for which it was established by the Budget Law, which is no other than to contribute to the recovery of the municipality's real estate park.

In its virtue, on the proposal of the Minister of Public Works, prior to the report of the Ministry of Finance and Public Administrations, and after deliberation of the Council of Ministers at its meeting of November 20, 2015,

DISPONGO:

Article 1. Object and scope of application.

This royal decree aims to regulate the granting of a direct grant to the City of Lorca in the financial year 2015, in order to contribute to the financing of the rehabilitation, regeneration and Urban renewal and urban renovation activities that need to be carried out by the City Council after the earthquake occurred in the municipality, aimed at improving or expanding the public housing stock.

Only those actions that are derived from the damage caused by the earthquake, which has affected the housing stock inhabited by vulnerable population groups, will be eligible.

The City Council will present, through the collaborating entity, a certificate with the relationship of real estate and urban actions that could receive the funds derived from this grant. This certificate shall have the compliance of the contributing entity.

The housing resulting from the rehabilitation, regeneration or renovation activities that are the subject of the grant will be used for public or social promotion housing, preferably for those affected by the earthquake. Regime of use and access shall be among those provided for by Law 6/2015, of March 24, of Housing of the Region of Murcia and normative provisions of development.

Article 2. Reasons of public interest in your concession.

This subsidy is granted directly pursuant to Article 22.2.c) of Law 38/2003 of 17 November, General of Grants, in relation to the provisions of Article 28 (2) and (3) of the Treaty. This Law, for reasons of public and social interest.

In particular, the reasons for the public interest justifying the direct grant of the subsidy stem from the exceptional consequences of the earthquake in Lorca and the socio-economic situation of some of the the survivors, who make it unfeasible or especially burdensome, in some cases, their participation in the reconstruction or rehabilitation, when the culmination of these processes is urgent. For this reason, it is necessary to arbitrate the appropriate mechanisms that allow the obtaining by the City of Lorca of the resources necessary for the total recovery of the city.

Article 3. Beneficiary and amount.

The beneficiary of the contributions will be the City of Lorca, who will have to deal with and manage this aid, as well as adopt the necessary measures, both of a normative nature and in the field of the management that will proceed, in order to the houses affected by the earthquake in Lorca are rehabilitated and rebuilt, without prejudice to the powers of the Autonomous Community of the Region of Murcia, in accordance with the provisions of the following Article.

The amount of the direct grant will be EUR 2,000,000.00.

Article 4. Contributing entity.

The Autonomous Community of the Region of Murcia will be a contributing entity and will fulfill its obligations under the provisions of Article 15 of Law 38/2003, General of Grants, as well as obligations. determined in this royal decree.

In particular, the Autonomous Community of the Region of Murcia is responsible for monitoring and verifying that the necessary measures have been taken by the beneficiary, both in terms of legislation and in the field of management. (a) where appropriate, in order to carry out the urban activities, the houses affected by the earthquake in Lorca will be rehabilitated and rebuilt. It is also the justification for the Ministry of Promotion of the fulfilment of the purpose for which the grant is awarded.

Article 5. Concession and payment procedure.

This grant will be granted directly in accordance with Articles 22 and 28 of Law 38/2003 of 17 November, General of Grants. The start of the concession procedure and its management corresponds to the General Directorate of Architecture, Housing and Soil of the Ministry of Public Works.

The amount of the subsidy will be paid out of the appropriations that are provided in the budget of the Ministry of Public Works, under its own budgetary resources.

The General Directorate of Architecture, Housing and Soil of the Ministry of Public Works will issue a grant decision, for the amount of 2,000,000.00 euros.

The City of Lorca will have a 20-day period to count from the notification of the resolution to accept the grant in an express way. The City Council shall submit the certificate referred to in Article 1 of this royal decree to the Ministry of Public Works within the same period of time, through the collaborating entity and with its conformity.

Funding of funds will be made once the grant acceptance and presentation of the certificate mentioned in the previous paragraph have been received.

The payment of the grant does not require the creation of prior guarantees.

Article 6. Obligations of the beneficiary.

The City of Lorca, as a beneficiary of the grant, will be obliged to comply with the obligations contained in Article 14 of Law 38/2003, General of Grants and in particular those deriving from the present royal decree.

The management of the actions to be carried out will be carried out by the City of Lorca that will allocate the resulting homes to public or social promotion housing, according to the provisions of Law 6/2015, of March 24, of the Housing of the Region of Murcia and regulations of development.

The City of Lorca is responsible for the allocation of the houses. The City Council shall approve and make public the procedure for the award, to which effect it shall lay down the requirements to be met by the beneficiaries and the scale for the award, in accordance with the provisions of Law 6/2015 of 24 March of the Housing of the Region of Murcia and regulations of development.

In all the publicity and communication actions carried out since the entry into force of this royal decree, concerning the works covered by this grant, the participation of the General Administration must be recorded. of the State in its financing, by the inclusion of the institutional image in the corresponding supports, in accordance with the current regulations.

Article 7. Regime of justification.

To the City of Lorca it is appropriate to accredit, before the collaborating entity, the fulfillment of the requirements and conditions that determine the grant of the grant, as well as the performance of the activity and the fulfillment of the purpose of the same.

The contributing entity shall verify compliance with the conditions determined for the grant of the grant.

The justification of the grant awarded by the Ministry of Public Works through the issuance by the Autonomous Community of the Region of Murcia of a certificate, issued and signed by competent authority, in which it is accredit the performance of the works up to the maximum amount of the grant awarded, the fulfilment of the purpose of the grant and in which any other aid which the beneficiary may have received for the grant the purpose, with an indication of the total amount collected and the total cost of the works.

The certificate will be accompanied by a report issued by the body that determines the Autonomous Community of the Region of Murcia to prove the veracity and regularity of the supporting documentation of the grant. If the Autonomous Community considers it appropriate, it shall also be accompanied by a report issued by the competent intervention or body of the City of Lorca. The maximum time limit for the submission of the documentation shall be 30 November 2018.

In the event of non-compliance with requirements and obligations established for the grant of the grants, the funds received will be reimbursed.

Article 8. Monitoring and verification of the grant.

The Ministry of Public Works reserves the right to carry out activities to check the works and any other activities related to the monitoring of the grant, without prejudice to the competences that correspond to the Autonomous Community of the Region of Murcia as a contributing entity.

Article 9. Compatibility and limits of aid.

The grant awarded to the City of Lorca by this royal decree will be compatible with any other aid for the rehabilitation, regeneration and renovation of the affected houses to which it could have been to be eligible for the same purpose, provided that the total amount received does not exceed the final cost of carrying out the works.

In the latter case, the excess amount will be refunded to the Treasury.

The Autonomous Community of the Region of Murcia shall ensure and certify the compliance with this and other requirements that are regulated in the regulations applicable to these grants.

Article 10. Reimbursement of the grant.

The beneficiary shall be required to repay the grant with the corresponding interest of late payment from the time of payment of the grant in the cases and in the terms provided for in Articles 37 et seq. of Law 38/2003, November 17, General of Grants; the procedure for reintegrating regulated in Chapter II of Title II of the said Law is applied.

Article 11. Applicable legal regime.

This grant will be governed, in addition to the provisions of this royal decree, by Law 38/2003, of 17 November, General of Grants, by the Regulation of the aforementioned Law, approved by Royal Decree 887/2006, of July 21, thus as for the remaining administrative law rules that are applicable.

Final disposition first. Competence title.

This royal decree is dictated by the provisions of article 149.1.13. of the Spanish Constitution, which attributes to the State the competence to lay the foundations and coordination of the general planning of the activity. economic.

Final disposition second. Development and execution faculties.

The Minister of Public Works is empowered to adopt, in the field of its competences, how many provisions are necessary for the development and implementation of this royal decree.

Final disposition third. Entry into force.

This royal decree will enter into force on the day of its publication in the "Official State Gazette".

Given in Madrid, 20 November 2015.

FELIPE R.

The Minister of Development,

ANA MARIA PASTOR JULIAN