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Royal Decree 407/2001, Of 20 April, On Composition, Functions And Operating Regime Of The Superior Council Of The Real Estate Property And Higher Commissions For Real Estate Coordination Of Rural And Urban.

Original Language Title: Real Decreto 407/2001, de 20 de abril, sobre composición, funciones y régimen de funcionamiento del Consejo Superior de la Propiedad Inmobiliaria y de las Comisiones Superiores de Coordinación Inmobiliaria de Rústica y de Urbana.

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TEXT

The Order of 30 November 1989 determined the composition and functions of the Superior Council of Property Property, an organ currently assigned to the General Directorate of the Catastro. For its part, the Order of 18 November 1999 for the development of Royal Decree 390/1998 of 13 March, which regulates the functions and the organic structure of the delegations of the Economy and Finance, in its unique derogation, The fourth and seventh paragraphs of the Order of 21 September 1988, relating both to the High Commission for the Coordination of Real Estate, are hereby declared.

Reorganized the General Administration of the State and, in particular, promulgated the Royal Decree 689/2000, of 12 May, establishing the organic structure of the Ministries of Economy and Finance, and the Royal Decree 1330/2000 of 7 July, for which the basic organic structure of the Ministry of Finance is developed, it is necessary to adapt the composition, functions and functioning of the aforementioned organs to the organization and structure currently in force.

In its virtue, on the proposal of the Minister of Finance, after the approval of the Minister of Public Administration and after deliberation of the Council of Ministers at its meeting of April 20, 2001,

D I S P O N G O:

Article 1. Composition of the Superior Council of Property Property.

The Superior Real Estate Board will be composed of the following members:

(a) President, the Secretary of State for Finance.

b) Vice President, the Secretary-General for Fiscal, Territorial and Community Policy.

(c) Vocals: by the Ministry of Finance, the Director General of the State Tax Administration Agency, the Director General of the Catastro, the Inspector General of the Ministry of Finance and the Director General of Taxation; by the Ministry of Public Works, the Director-General of Housing, Architecture and Urbanism; by the Ministry of Justice, the Director General of Registers and the Notary; by the Ministry of Agriculture, Fisheries and Food, the Director General Economic Planning and Institutional Coordination; by the Ministry of Economy, Director-General of Sectoral Policies.

By the Autonomous Communities, two representatives appointed by the Fiscal and Financial Policy Council, and by the Local Administration, two representatives appointed by the association of local state entities with increased implementation.

d) Secretary, with a voice and without a vote, an official with the rank of Deputy Director General or assimilated to the General Directorate of the Catastro, appointed by the Chairman of the Superior Council of Property Property.

Article 2. Functions of the Superior Council of Property Property.

Correspond to the Superior Council of Property Property the following functions:

(a) The analysis of the general criteria to be applied to the cadastral valuation systems of the real estate.

b) The study of the general criteria for the collaboration with the Autonomous Communities and with the Local Corporations in the development of the functions entrusted to the General Directorate of the Catastro.

c) The study of proposals for regulatory changes in cadastral matters and the report, which are optional in nature.

d) The carrying out of analysis and proposals related to real estate taxation.

e) The study of any other matter submitted to you by the President.

Article 3. Composition of the Superior Commissions of the Real Estate Coordination of Rustica and Urbana.

The composition of the Rustic And Urban Real Estate Coordination Commissions will be as follows:

1. Composition of the Superior Commission for the Real Estate Coordination of Rustica:

a) President, the Director General of the Catastro.

(b) Vocals: five higher graduates, preferably agronomists or montes, destined for the Ministry of Finance, appointed by the Director General of the Catastro.

Four senior graduates, representatives of the Local Administration, appointed by the association of local state entities with greater implementation.

Two technical graduates from the Autonomous Communities, appointed by the Fiscal and Financial Policy Council.

c) Secretary, with a voice and without a vote, an official belonging to the Corps and Escalas of the A group destined for the General Directorate of the Catastro, appointed by the President of the Superior Commission.

2. Composition of the Superior Commission for Urban Real Estate Coordination:

a) President, the Director General of the Catastro.

(b) Vocals: five top graduates, preferably architects appointed by the Ministry of Finance, appointed by the Director General of the Catastro.

Four senior graduates, representatives of the Local Administration, appointed by the association of local state entities with greater implementation.

Two senior graduates, representatives of the Autonomous Communities, appointed by the Fiscal and Financial Policy Council.

c) Secretary, with a voice and without a vote, an official belonging to the Corps and Escalas of the A group destined for the General Directorate of the Catastro, appointed by the President of the Superior Commission.

During the meetings of the Higher Commissions, any other persons directly interested in any of the topics to be dealt with may be incorporated into them, with a voice and without a vote, and that would have been especially so. Invited by the Presidency.

Article 4. Functions of the Superior Commissions of the Real Estate Coordination of Rustica and Urbana.

Correspond to the Superior Commissions of the Real Estate Coordination of Rustica and Urbana, in the field of their respective competences, the following functions:

(a) Propose to the Minister of Finance the modules and criteria for valuation, for cadastral purposes, of the real estate.

b) Propose the guidelines that in technical matters should regulate the performance of the work of training, conservation and review of the Catstars.

c) Approve the framework criteria for national coordination of cadastral values in order to guarantee due equity.

d) to resolve any discrepancies which may be caused to them by the Territorial Technical Boards, in accordance with the provisions of Article 6.6.f) of the Order of 18 November 1999 for the development of Royal Decree 390/1998, March 13, which regulates the functions and organizational structure of the Economy and Finance delegations.

(e) Approve the annual report drawn up by the Territorial Technical Boards provided for in Article 6 (6) (a) of the Order of 18 November 1999 for the development of Royal Decree 390/1998 of 13 March 1998 regulating the functions and the structure of the Economy and Finance Delegations.

(f) Any other actions which the President of the Commission may entrust to them.

Article 5. System of collegiate bodies.

The collegiate bodies provided for in this Royal Decree shall be validly constituted on the first call when the President or the Vice-President and the Secretary or, where appropriate, those who replace them, and the less than half of the vowels. On the second call, which shall be carried out at one hour from the initially indicated for the first call, it shall be sufficient for at least one third of the members of the relevant collegiate body to be present, including to find the President or Vice-President, and the Secretary, or, where appropriate, those who replace them.

In case of vacancy, absence, illness or other legal cause, the President shall be replaced by the Vice-President and, failing that, by the member of the collegiate body of greater hierarchy, seniority and age, by this order, from among his components.

Single additional disposition. Extra regime.

The provisions of Chapter II of Title II of Title II of Law 30/1992, of 26 November, of the Legal Regime of Public and Public Administrations shall be subject to the provisions of this Royal Decree. Common Administrative Procedure.

Single repeal provision. Regulatory repeal.

The Order of 30 November 1989, determining the composition and functions of the Superior Council of Property Property, and the Order of 28 May 1999, of partial modification of the Order of 20 of the December 1989 determining the composition and functioning of certain territorial bodies of the Centre for the Management of Taxation and Tax Cooperation. In addition, the fourth and seventh paragraphs of the Order of 21 September 1988, amending the structure of the Territorial Technical Boards and the High Commission for the Coordination of Real Estate, are hereby repealed.

Single end disposition. Entry into force.

This Royal Decree shall enter into force on the day following that of its publication in the "Official Gazette of the State".

Given in Madrid on 20 April 2001.

JOHN CARLOS R.

The Minister of Finance,

CRISTOBAL MONTORO ROMERO