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Royal Decree 991/2000 Of 2 June, Which Develops Law 26/1999, Of 9 July, Measures Of Support To The Geographical Mobility Of Members Of The Armed Forces.

Original Language Title: Real Decreto 991/2000, de 2 de junio, por el que se desarrolla la Ley 26/1999, de 9 de julio, de medidas de apoyo a la movilidad geográfica de los miembros de las Fuerzas Armadas.

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TEXT

The model designed for the Armed Forces of the future, regulated in Law 17/1999, of 18 May, of the Staff Regulations of the Armed Forces, maintains as one of the singular aspects of the condition of the military geographical mobility arising from the availability for professional reasons, in order to ensure that the military units have adequate professionals at all times and that they can develop enriching trajectories of their own professional profile to respond to the demands of the organization.

Consequently, the essential principle of Law 26/1999, of July 9, of measures to support the geographical mobility of members of the Armed Forces, in which the policy of military housing adapted to the new circumstances, it remains the traditional of facilitating the geographic mobility of the military in active service, attending to their needs of housing for change of destination and locality. This principle is realized by recognizing the military man who changes his destination and locality an economic compensation or providing him with military housing in singular and residual cases. The system of support for geographic mobility is supplemented by the regulation of aid to facilitate access to the housing property of members of the Armed Forces, implementing the important number of military personnel who are not currently users of military housing.

It should also be noted that Law 26/1999, of 9 July, carries out a rationalization of the housing stock, regulates the use of military housing and provides rules for the disposal of these and other non-residential buildings. Defense interest.

The basic principles set out in Law 26/1999 of July 9, the object of this Royal Decree are to dictate the norms of development and application of its precepts, in compliance with what is determined in it.

In relation to the economic compensation, substantial element of the established system, the procedure for its application and recognition is regulated, rules are given for the fixing of its amount by the Minister of Defense and establish the conditions to be able to be a recipient of the same in administrative situations other than that of active service or reservation to destination, according to the rating contained in the additional provision of Law 26/1999, of 9 of July.

Likewise, with respect to military housing that will be transferred under special lease, the procedure for its application, scale, offer and award is regulated, rules on fees for use and attribution of (a) the costs of the maintenance, maintenance and repair of the dwellings, and the conditions under which they may be used in administrative situations other than that of active service or reservation with a destination, on the basis of in the same rating as in the preceding paragraph. It should be noted at this point, as a novelty with regard to the previous legislation, that the request for military housing is entirely independent of the person concerned having requested or receiving economic compensation.

Also, a special regime is regulated for those non-rentable military housing that are linked to certain destinations or positions, mainly in relation to the system of adjudication and incompatibilities that be applicable to their users in respect of other measures to support geographical mobility.

As regards access to housing property, Law 26/1999, of July 9, determines that the Minister of Defense will establish the procedure and requirements for granting it. However, it has been considered appropriate to lay down the essential conditions which must be given in any event, which are specified, for direct aid, in which the beneficiary is in active service and that the housing acquired is located in national territory and, for the disposal of land to cooperatives, in which it is carried out by contest and which the dwellings to be constructed are in the official protection regime.

It is also the object of this Royal Decree to develop the rules for the disposal of all those military dwellings that are not destined for their assignment under special lease. In this respect, for the occupied dwellings, which shall be covered by direct award to their holders or, failing that, to the beneficiaries who have recognised the right of use for life, the procedure for the application of the determination of the final selling price, in which at least two valuation entities shall be involved. The amount resulting from the calculation of the arithmetic mean of the valuations used shall be deducted from 50 per 100, taking into account the weighting of the life-occupation right recognised for the users.

Unoccupied dwellings may be disposed of by the tender procedure between staff at the service of the Ministry of Defence, in accordance with the scale and procedure to be determined, with the tender price of the same way as for the occupied.

Case of not being awarded for this procedure, it may be possible to go to the auction or to its disposal by direct contracting if the requirements laid down in the State Heritage Regulations are met.

Commercial premises and other buildings that are leased, in accordance with the regulations in force, may be disposed of to their legitimate tenants by direct hiring, in their real market value, fixed as the form of the occupied dwellings, without any deduction. The other premises, as well as the leased ones which have not been acquired by the indicated procedure, and other buildings, may be sold by auction or direct procurement.

With the aim of extending the action of support measures to the greatest possible number of beneficiaries, a general regime of incompatibilities is established between the aforementioned support measures, the occupation of cargo pavilions and the The acquisition of military housing, which includes certain exceptions, mainly referred to those who acquired a house in which the Department had been housed prior to 11 July 1999, the date of entry into force of the Law. 26/1999, dated 9 July.

As for the organization of the Institute, it has been considered appropriate to include it in the same text in order to establish a single regulatory body regulating this matter, thus facilitating its application. Consequently, the article of this Royal Decree is completed with the chapter that regulates the organization, functioning and legal and patrimonial regime of the Institute for Housing of the Armed Forces, in which the modifications are included necessary for their adaptation to the provisions of Law 26/1999, of July 9, and Law 6/1997, of April 14, of the Organization and the Functioning of the General Administration of the State.

Finally, the additional and transitional provisions include the definitions of locality, geographical area, first destination and change of destination, as well as the conditions for incorporation into the heritage of the Institute of the dwellings that it does not currently administer and, in the derogation provision, the rules that maintain its validity until the corresponding in development of this Royal Decree is published.

The actions in the matters that are regulated in this Royal Decree, which are an integral part of the personnel policy of the Department, will be developed according to the planning of the military defense and having in the evolution of the templates and the deployment of the units.

In its virtue, on the proposal of the Minister of Defense with the favorable report of the Ministry of Finance and, as regards the organization of the Institute for Housing of the Armed Forces, at the initiative of the Minister of Defense and Proposal from the Minister for Public Administrations, in agreement with the Council of State and after deliberation by the Council of Ministers at its meeting on 2 June 2000,

D I S P O N G O:

CHAPTER I

General provisions

Article 1. Object.

1. This Royal Decree is intended to lay down the rules for the development and application of the provisions of Law 26/1999 of 9 July on measures to support the geographical mobility of members of the Armed Forces, in which the establishes a system based on:

(a) Facilitate an economic compensation to meet the housing needs caused by change of destination that involves change of location or geographical area.

b) To assign in special lease the military housing, in the singular cases regulated in the aforementioned Law.

c) Provide support for access to home ownership.

2. It is also the object of this Royal Decree to establish the conditions and the procedure to rationalize the use and destination of military dwellings, to develop the norms for the disposal of all those that are not destined for the purposes mentioned in Paragraph (b) of the previous paragraph and determine the powers of the higher bodies and directors of the Ministry of Defence in the matters referred to in this Article.

Article 2. Senior organs and managers.

1. The Minister of Defense is responsible for the ordination, coordination and implementation of the Government's general guidelines as regards the policy for the establishment of formulas to support the geographical mobility of the members of the The Armed Forces and the consequent actions in the field of military housing.

2. The Assistant Secretary of Defense is the chief executive officer of the Minister in the direction and development of the policy and will coordinate, for these purposes, the necessary actions of the different bodies in which it is structured. the Department, being able to dictate the necessary general and specific guidelines and instructions.

3. The Institute for the Housing of the Armed Forces (INCOFAS), a self-governing body assigned to the Ministry of Defense, through the Department's Secretariat, is the body that corresponds to the preparation, planning and execution of the Ministry of Defense. policy.

CHAPTER II

Economic Compensation

Article 3. Beneficiaries.

1. The Ministry of Defense will provide the Armed Forces ' career military officer and the professional troop and marinery officer who maintains a permanent relationship of services, who are in active service or in the reservation to destination, when they change their destination of change of location or geographical area from that of the first or previous destination, the economic compensation to be fixed as set out in this chapter.

The military complement and the professional soldier of troops and marineria who maintain a relationship of services of a temporary nature, will also be given economic compensation once they have completed five years of service time, where the circumstances referred to in the preceding paragraph are given.

2. A military officer who has recognised the right to an economic compensation and is in the situation of active service pending assignment of destination for having ceased to which he was entitled may continue to receive it until the maximum period of 30 years has been completed and six months fixed in the following Article. If the new destination assigned to you is in the same locality or geographical area, the time you have received economic compensation will be computed for the purpose of the maximum term.

3. The military officer who moves to the situation of voluntary leave to enter as a student of a training military training center to access a career military scale of the Armed Forces, will be recognized as economic compensation, if the center is located in a locality or geographical area other than that of its last destination and meets the other requirements for its perception in this chapter. If the said centre is located in the same locality or geographical area as its last destination, it may continue to receive the financial compensation which, where appropriate, has been recognised until the maximum period fixed.

4. The military officer who has lost the right to receive financial compensation for having moved on to the status of suspended employment, if the extraordinary disciplinary sanction for suspension of employment has subsequently been revoked on a basis of (a) a final decision on the administrative or judicial basis, shall be replaced by the right of termination of the said situation and the economic compensation to which it has been paid, in accordance with the maximum period laid down.

In the same way, the military that has passed to the situation of suspended functions, in the case of dismissal of the procedure, absolute judgment or termination of the case of the government of the government without a declaration of responsibility.

5. A military officer who is a member of the reserve, special services, voluntary leave and, without prejudice to the provisions of the previous paragraph, of a suspended job or a suspended job assigned to him by a destination, may receive financial compensation only if the locality or geographical area of the latter is different from that of the last destination in the active or reserve service situation.

6. No financial compensation may be paid if the performance of the duties or the performance of the courses involves the stay abroad or the recovery of compensation for any period of more than three months. Consequently, the right to receive financial compensation shall, where appropriate, be suspended for the duration of the stay in those situations, without affecting the maximum period laid down for its collection.

Article 4. Recognition of the right.

1. It is up to the Managing Director of the Institute for Housing of the Armed Forces to recognize the right to receive financial compensation, upon request from the interested parties.

2. The request, once the new destination has been assigned, will be formalized as an official model, accompanying the documentary justification that will be determined and will be directed to the Managing Director of the Institute for Housing of the Armed Forces, which will be able to to obtain from the staff management bodies which corresponds to the accreditation of the professional conditions claimed by the applicants.

3. The economic compensation shall be recognised on a monthly basis to the beneficiaries of the financial compensation from the month following the date on which the application was lodged in any of the registers or places referred to in Article 38 (4). of Law No 30/1992 of 26 November 1992, of the Legal Regime of Public Administrations and of the Common Administrative Procedure, during the period of time when they are intended continuously in each locality or geographical area, with a maximum duration of thirty-six months.

The procedures initiated by the said applications must be resolved and notified to the parties concerned, in the manner set out in paragraph 5 of this Article, and within a maximum period of six months from their date of entry in the records of the Institute for Housing of the Armed Forces.

4. The recipient of economic compensation will be obliged to notify directly to the Institute for Housing of the Armed Forces, within 15 days, the cessation of the destination that entitles them to their perception, as well as any change in their situation involving the loss or modification of this right. This is without prejudice to the work of the Institute referred to above.

5. The relations of the recipients of economic compensation will be publicly exposed before the 20th of each month in the corresponding delegations of the Institute for Housing of the Armed Forces and Defense Delegations, which will take place notification effects to the data subjects.

Intakes or exclusions shall be displayed in the same manner and shall be notified individually to the persons concerned, at the place indicated for that purpose in the application. The persons concerned may, against the inadmissibility or exclusion of such relations, make the necessary resources.

6. The financial compensation shall be collected for months which are due, depending on the situation of the person concerned on the first working day of each of them.

Article 5. Amount and nature.

1. The amount of the economic compensation shall be fixed each year by the Order of the Minister of Defense, taking into account the prices of the rental housing market in the different localities and the equivalences between the military jobs and the groups the classification of the officials at the service of the public administrations as follows:

a) Army General, Admiral General or Air General to Lieutenant: group A.

b) Alferez and Subofficial Major to Sergeant: group B.

c) Greater Cape to Soldado with a permanent character services relationship: group C.

d) Cape First to Soldado with a service relationship of a temporary character: group D.

2. Financial compensation, without prejudice to its tax purposes, shall be considered as non-remuneration aid. Your receipt of undue payment for not meeting the conditions required for this will give rise to your refund.

The amounts to be reintegrated and, where appropriate, the interest on late payment shall be considered as revenue from public law, being of application for recovery of the procedure for collection on the basis of the award established in the Articles 31 to 34 and 81 of the General Budget Law and regulated in Articles 91 to 176 of the General Rules of Collection.

CHAPTER III

Military housing and cargo pavilions

Article 6. Rating of the dwellings.

1. The dwellings whose ownership or administration is the responsibility of the Housing Institute of the Armed Forces and the General Staff of the Armies, with the exception of those referred to in the following paragraph, shall have the Single qualification for military housing and shall be for the purposes set out in Article 1 of this Royal Decree.

The Minister of Defense may also qualify as military housing, when declared unnecessary and be affected for the purposes and destinations assigned to it, any other units managed by units, Department centres and agencies.

2. Dwellings intended for official residence or for the social representation of the military officer, on the basis of the position he holds or the assigned destination, shall have the sole name of the pavilions.

Article 7. Military housing.

1. All housing classified as military housing is integrated into the own patrimony of the Institute for Housing of the Armed Forces, with the exception of those that constitute an inseparable element of bases, waterings, buildings or military establishments, the relationship of which is to be determined by the Minister of Defence through the relevant Ministerial Orders.

2. Military dwellings located inside bases, waterings, buildings or military establishments, which at their location pose a risk to the security of the same and those other that are in specific areas in which It is necessary to provide housing for the staff, especially in Ceuta and Melilla, to be provided under special leasing arrangements.

It is up to the Minister of Defense to determine, through the corresponding Ministerial Orders communicated, the relationship of these military dwellings.

Only these homes, which are not eligible, will be transferred to use by means of a special administrative contract, which will be formalized in the corresponding administrative document.

The relationship may be modified when the circumstances that served for its elaboration vary, indicating in the provisions that the use or subsequent destination that the military housing will have to the effect affected.

3. Military dwellings, with the exception of those mentioned in the previous paragraph, may be placed under the conditions and in accordance with the procedure laid down in this Royal Decree.

Article 8. Pavilions de cargo.

1. The Minister of Defence shall regulate the arrangements applicable to the pavilions of charge, in which the charges and destinations to which they are assigned as official domicile or social representation shall be determined on the basis of criteria, other, of prominent responsibility or the need for continued presence on the basis of the activities to be carried out; the procedure for the qualification and disqualification as such of the corresponding buildings; the rules for their award, occupation, administration, conservation and eviction; and incompatibilities which, where appropriate, they are considered to be applicable to their users.

2. The buildings described as pavilions of charge may not be disposed of and their disqualification, when the circumstances which have been motivated by it have varied, shall be carried out once they are empty, by means of the corresponding provision in which its use or subsequent destination shall be indicated.

Article 9. Right of use of military housing.

1. The holder of the contract which has acquired the right to use a military dwelling may maintain it for life.

2. In the event of the death of the holder, they may be entitled to the right of use, also for life and without the possibility of transmitting this condition to third parties, the spouse who lived with him at the time of death and persons who are listed below if they have lived together with the holder for the following two years immediately:

a) Person in a similar relationship of affectivity as the spouse.

(b) Children of the holder with a disability equal to or greater than 65 per 100.

c) Other children of the holder, unless the death of the holder has occurred after 11 July 1999, the date of entry into force of Law 26/1999 of 9 July, in which case they may retain the right of use two years or to the date of reaching the age of twenty-five years, whichever is later.

d) Ascending the holder in the first degree.

If there are two or more persons listed in this paragraph, the condition of the beneficiary may be placed only on a natural person who is determined by the order in which they are cited above, equality between children in favour of the lower age.

3. In the case of dwellings which, by a final judgment of invalidity, separation or divorce, or by judgment of the court which so declares, are occupied by a person other than the holder of the contract, the right of use of the successful tenderer shall be the scope to be specified in the relevant judgment or judgment.

4. The acquisition and maintenance of the right of use of a military property is conditional, in any case, to the fact that it constitutes the habitual residence of the owner or, in his absence, of the beneficiary to be determined.

5. The provisions of the preceding paragraphs shall in any event be without prejudice to the provisions of Article 12 on the settlement of military housing contracts and Article 19 on the loss of the right to use housing. Non-rentable military, both of this Royal Decree.

6. The accreditation of the conditions required to be a beneficiary of the right of use of a military housing shall correspond to those interested in the legally admitted means of proof.

Article 10. Lease fee for use and fees.

1. The consideration for the use of military dwellings and parking spaces shall consist of the payment of the corresponding monthly fees.

The user of a military dwelling will be obliged to satisfy the monthly fee he has fixed, as well as to pay the services, making cash his amount, in the corresponding period, by direct banking.

2. The charges, as well as the amounts to be paid for services, have the nature of public prices, unless their qualification as a levy is carried out in the exceptional cases identified in Article 7 (1) of the Treaty. Royal Decree, being of application, consequently, the procedures that for your claim or drawback provides for the legislation regulating the rates and public prices.

3. The Minister of Defence shall fix the amount of charges for the use of military dwellings and parking spaces to be awarded in accordance with the scheme provided for in Law 26/1999 of 9 July.

In the case of military housing, the prices of the rental housing market in the different locations, the location, the area and the state of the land will be taken into account in the case of military housing. housing and, in the parking spaces, the groups of localities and the consideration of closed or open square.

The resulting amount shall not exceed 50 per 100 of the average price of the rental housing market in the corresponding locality.

4. The amount of charges for the use of military dwellings and parking spaces administered by the Institute for Housing of the Armed Forces, awarded prior to the entry into force of Law 26/1999, is fixed for the year 2000. in the amount paid by the users in the year 1999.

5. The level of the fees for use as laid down in the two preceding paragraphs shall be updated each year by the application of the consumer price index for the preceding financial year.

Article 11. Conservation, repairs and expenses.

1. The expenses derived from the following concepts shall be taken into account by the Institute for Housing of the Armed Forces:

(a) The conservation and general maintenance of lifts, courtyards, gardens, portals, staircases and other areas and elements of common use of buildings.

(b) Repairs that are necessary in dwellings and buildings due to breakdowns in water, electricity, gas, heating, ventilation, smoke-out, etc., except for minor repairs requiring wear for the ordinary use of housing.

c) Repairs of construction elements affecting the stability and tightness of the building.

d) Ordinary supplies of water and electrical fluid for common services.

2. The costs not covered by the preceding paragraph shall be taken into account by the users of the military housing and, in particular, the following concepts:

(a) The individual supplies, services and consumption, or which are capable of measuring per counter and the taxes imposed on them.

b) The cleaning services of common inland areas.

(c) The damage, deterioration and damage caused to the houses and common areas of the building due to misuse, neglect or negligence of the users and, in any case, those found outside the normal deterioration when leaving the housing after the check has been carried out.

The allocation of these expenses will be made through the timely reasoned resolution of the Managing Director of the Institute for Housing of the Armed Forces, which will indicate the procedure for making the amount.

3. By way of derogation from paragraph 1 of this Article, once the community of owners of a certain property has been established, the rules governing the establishment of the building shall be governed by the rules of incorporation, as well as the agreements to be adopted on the boards which are (a) the Institute shall bear the costs to which it is responsible according to its share of ownership.

4. In the case of persons living with a disability in housing, the provisions of Article 24 of Law 29/1994 of 24 November 1994 on Urban Leases shall apply.

Article 12. Resolution of contracts.

1. The Institute for Housing of the Armed Forces will be able to resolve in full right, upon hearing of the interested parties, the contract signed concerning any military housing for the following reasons:

(a) Lack of payment of the rental fee or of the amounts of which the user has assumed or is passed on to the user, corresponding to three monthly payments.

b) The subsweeping or cession of the use of the dwelling.

c) The performance of damages caused dolously on the farm or of works not authorized by the Housing Institute of the Armed Forces that modify the configuration of the dwelling and its accessories or cause decrease of the stability or security of the same.

d) When in the house there are disturbing, unhealthy, harmful, dangerous or illicit activities in the house.

(e) Where the dwelling ceases to be intended to satisfy the need for habitual housing of the beneficiary or is used for activities beyond that purpose.

(f) Where the holder has other housing acquired by the procedures for direct award or tender referred to in Chapter VI of this Royal Decree.

g) The death of the holder if there are no beneficiaries defined in Article 9 of this Royal Decree or the one of them.

(h) Extinction of the causes for which the right of use of the dwelling was granted, provided for in Article 9 of this Royal Decree.

2. The contract concluded concerning any military housing may also be settled in cases where, for reasons of public interest, the purpose of the building is changed.

It is up to the Minister of Defense, on the proposal of the Assistant Secretary of the Department, to modify for reasons of public interest the fate of the buildings classified as military housing. Before proceeding to the resolution of the contracts, the relationship of these military houses will be published in the "Official Gazette of the Ministry of Defense," without prejudice to the subsequent individual notification to the affected users, so that in the (a) a period of 15 days, from the date of notification, the persons concerned may make the arguments which, if appropriate, they deem appropriate.

Agreed upon the termination of the contract, the holder of the right of use may receive compensation equivalent to the amount of thirty-six monthly maximum fees for the military housing at the time of the contract. This resolution shall be taken It is for the Managing Director of the said Institute to declare the indicated compensation, the amount of which shall be made effective after the housing has been evicted.

3. The declaration of the disaffection and alienation of certain buildings to be made available to the Management of Infrastructure and Equipment of Defense shall be considered, for these purposes, as a reason of public interest that modifies the the fate of the military housing within it. In this case, the statement and payment of the compensation referred to in the preceding paragraph shall be the responsibility of that body.

4. The action to achieve the eviction when any of the causes mentioned in the previous paragraphs occur, and the housing is not evicted voluntarily within one month from the notice of the eviction requirement, shall be exercised by the Institute for Housing of the Armed Forces in accordance with the procedural rules laid down in Articles 38 and 39 of Law 29/1994 of 24 November.

CHAPTER IV

Non-Alienable Military Housing Regime

Article 13. Transfer of use.

Military dwellings that are expressly declared non-eligible, as set out in Article 7 (2) of this Royal Decree, may be transferred to the special lease.

The award, use and eviction of these dwellings will be governed by the provisions of this chapter, without prejudice to the general rules for military housing in the previous chapter.

Article 14. Beneficiaries.

1. The Institute for Housing of the Armed Forces will be able to award military housing under special lease to the military's military career and to the professional military of troops and marineria that maintains a service relationship. of a permanent character, which are in the active service situation or in the situation of reservation with destination, when they change their destination which involves a change of locality or geographical area in relation to that of the first or previous destination.

For reasons of economy of means and better use of the resources available, the military referred to in the previous paragraph that are in first destination or ulterior destinations without change of locality or geographical area, may be granted access to military housing under special lease if there are no petitioners who meet all the requirements laid down.

2. The military officer who is assigned a military housing and is in the situation of active service pending assignment of destination, for having ceased in which he had, will be able to continue to occupy him until he is assigned a new one, moment in which he is is in line with this chapter.

3. The military officer who is assigned to a military housing and goes on to the situation of voluntary leave to enter as a student of a military training center to access a scale of the Armed Forces ' career military personnel, will be able to continue to deal with it in the new situation if the said center is located in the same location or geographical area as the house.

You will also be able to continue to occupy the housing that the military has awarded to the situation of voluntary leave to attend to the care of the children, by nature or adoption, during the time of stay in this situation.

4. The military officer who is assigned a military housing and moves to the situation of suspended functions, will be able to continue occupying the house in the new situation for a maximum period of six months.

5. The military officer who is awarded a military housing and loses the right to use it for having moved to the status of suspended employment, if the extraordinary disciplinary sanction of suspension of employment is subsequently imposed. (a) the right to be replaced by a final decision, whether administrative or judicial, shall be replaced by the right of termination of the said situation.

Consequently, if you have evicted the house, in addition to being paid the financial compensation corresponding to the time since the eviction, you will be awarded again in the event of being still empty, or another in the the same location or geographical area or, failing that, shall receive the economic compensation under the conditions and limits laid down in this Royal Decree. If the house has not been evicted, the eviction file will be filed.

In the same way, it will be used in the case of the dismissal of the procedure, absolute judgment or termination of the government file without a declaration of responsibility, which motivated the move to the situation of suspended functions.

6. A military officer who is a member of the reserve, special services, voluntary leave and, without prejudice to the provisions of the previous paragraph, of the suspended employment or duty suspended duties assigned to him or her be awarded a military housing only if the locality or geographical area of the house is different from that of the last destination which it has had in active or reserve service.

Article 15. Request.

1. For the award of a military housing under special lease, the application of the persons concerned shall be a precondition and indispensable.

In each locality or geographical area where there are non-eligible military dwellings that may be awarded to them, the persons concerned may submit their application, once they have been assigned to the said locality or geographical area, with whether they have applied for or are receiving economic compensation.

2. The request will be formalized as an official model, accompanying the documentary justification that will be determined and will be directed to the Managing Director of the Institute for Housing of the Armed Forces, which will be able to obtain from the (a) to ensure that the professional conditions are satisfied by the applicants. Those which have entered into any register of the said Institute before the fifteenth day of each month shall have effect the following month.

3. Applications shall be ordered, in accordance with the scale set out in the following Article, in two lists. One, which shall include applicants who meet all the requirements and another, in which the staff referred to in the second subparagraph of paragraph 1 of the previous Article shall be included. The resulting relations shall be published on the tenth day of each month, or the following working day, in the corresponding delegations of the Institute for Housing of the Armed Forces and Defence Delegations, where the persons concerned shall take cognizance of their inclusion or exclusion and assigned punctuation, so that, within 10 calendar days of such publication, they may make complaints which will be resolved before the act of choice of housing referred to in the Article 17 (4) of this Royal Decree.

4. Applicants shall be obliged to notify the Housing Institute of the Armed Forces of any modification of their family and professional circumstances, in respect of those mentioned in their request.

Article 16. Scale of applications.

1. In order to determine the order of precedence of the applications referred to in the previous Article, the following scale shall apply:

a) For each year of service time from the date of incorporation into the Armed Forces: 2 points.

b) For each child under twenty-five years in charge:

10 points (c) Without prejudice to the score referred to in paragraph (b), for each member of the household with a disability exceeding 35 per 100, officially qualified by the competent authority of the Administration: 10 points.

2. The total score of each applicant shall establish the order of precedence in the relevant application relationship.

If the application of the scale indicated in the previous paragraph results in an equal score for two or more applicants, the final order shall be determined by applying, in the order in which they are cited, the following criteria:

Number of children who live with the applicant, number of members of the family unit, time of service, and, finally, age.

3. Together with this score, the number of members of the family unit of the applicant shall also be included, taking into account, exclusively, the spouse, the ascendants and descendants whose co-existence with that person is duly accredited.

Article 17. Offer.

1. It is up to the Managing Director of the Institute for Housing of the Armed Forces to determine the military housing that, if any, will be offered in the different locations under special lease, according to the existing availabilities.

2. In order for military housing to be offered to applicants, it will be a necessary condition for them to be unemployed. The houses will be offered and maintained in conditions of habitability, with the repair and repositions that are necessary in the internal, external or constructive elements being carried out by the Institute for Housing of the Armed Forces. common, which will be passed on to users when they are caused by the misuse or negligence of the users.

The conditions of habitability, the attribution of expenses and the determination of the useful surface and the number of minimum bedrooms in relation to the number of members of the family unit, will be established by the Undersecretary of Defense.

3. Together with the relationship of applicants referred to in Article 15 (3) of this Royal Decree, the military housing to be offered and the order of call for the act of election shall be set out, where appropriate, indicating for each of them its identification, useful surface, parts of which it consists, including the amount of the fee, the amount of the fee, the classification groups of the military personnel eligible for it and the number of members of the unit minimum family requirement to be awarded.

4. The applicants or their duly accredited representatives shall be in the act of election, at the place, day and time set out in the relevant notice, in which the military housing shall be offered for a strict order of according to the characteristics of the same.

5. Military housing with a useful surface of less than 120 square meters, will be offered to all applicants. Those whose useful surface is equal to or greater than 120 square metres may only be offered to applicants whose family unit consists of seven or more members.

6. A military housing which meets the conditions referred to in paragraph 2 of this article, the waiver by the applicant to the same, express or by default to the act of election, will only cause the effect of its absence in the list of (a) military housing petitioners, which may not be incorporated as long as it is intended for the same locality or geographical area.

7. For each act of election of military dwellings, the corresponding record shall be lifted, in which the acceptances and resignations shall be recorded, as well as any incidence that occurs in the act.

8. The parking space option, if any, will be potestative. The use of the parking space may be the object of resignation at any time, but will inevitably end with the cessation of the use of military housing.

Article 18. Award.

1. The award of military housing, offered under special lease arrangements and which have been the subject of choice, shall be made by resolution of the Managing Director of the Institute for Housing of the Armed Forces and shall be effective. from the time of its notification to the data subject.

2. The contract of transfer of use, of special administrative nature, shall be formalized in the corresponding administrative document, in the terms and conditions to be determined in accordance with the provisions of this Royal Decree.

In view of the nature of the contracts to be concluded and their addressees, they shall be exempt from the provision of security.

3. The contract will be awarded and the contract will be formalized, the delivery of the military housing will be carried out, as will be recorded in the corresponding record.

From this moment on, the successful tenderer will have a period of one month for his occupation, after giving, if necessary, the military housing that he will be occupying.

Exceptionally, for reasons derived from the destination or for duly accredited personal circumstances, the Managing Director of the Institute for Housing of the Armed Forces may extend the term.

After that period without the housing being occupied due to the beneficiary, the award shall be without effect and the person may not enter the list of the petitioners for military housing or receive compensation. The economic activity, as long as it is destined for the same locality or geographical area.

4. The successful tenderer shall be obliged to pay the fee or, where appropriate, the fee corresponding to the month in which the military housing is delivered, if it occurs within the first ten days and, consequently, shall no longer receive the financial compensation from the The same month in the event that I came to perceive it.

5. Once the successful military housing has been formally handed over, the beneficiary shall not be able to enter the list of the petitioners for military housing, or receive any financial compensation, as long as it is intended for the same purpose. location or geographical area.

6. The successful tenderer of a military housing will be obliged to notify the Institute for Housing of the Armed Forces, within 15 days, of the cessation of his occupation, as well as any change in his situation which (i) the cessation or modification of this right.

Article 19. Loss of right of use.

1. The right of use of military dwellings which are expressly declared as non-rentable and occupied, under special lease, after the entry into force of Law 26/1999 of 9 July, shall cease for the following reasons:

(a) Change in the administrative situation granted by the right to the use of the dwelling, without prejudice to the provisions of paragraphs 2 to 5 of Article 14 of this Royal Decree.

b) Change of destination when involving change of locality or geographical area or when the dwelling is linked to the said destination.

c) Loss of the status of a career military or professional soldier of troops and marineria.

d) Pass to the holder's retirement.

e) Death of the holder.

2. The users of the dwelling must vacate it within one month from the date on which the corresponding declarative provision of any of the causes or the death of the owner takes effect.

In the event of no voluntary eviction, the corresponding eviction file will be initiated which will be in accordance with the procedure laid down in Articles 142 to 144 of Decree 2114/1968 of 24 July, for which the approves the Regulation for the implementation of the Law on Housing of Official Protection, recast text adopted by Decrees 2131/1963 of 24 July, and 3964/1964 of 3 December.

Article 20. Non-eligible military housing linked to certain destinations or charges.

1. The Assistant Secretary of Defense, on a proposal from the General Staff of the Army and the management centers of the central organ, will determine the relationship of the non-rentable military housing that is linked to certain positions. These proposals shall be made on the basis of operational, security or service requirements.

2. In addition, the Assistant Secretary of Defense, on a proposal from the General Staff of the Army and the management centers of the central organ, will determine the relationship of the non-rentable military housing located in bases, (a) military establishments, buildings or establishments, which are linked to the generic destinations of the units, centres or bodies located therein.

3. The arrangements applicable to the dwellings referred to in the previous two paragraphs and to their users shall be that laid down in this Royal Decree, with the exceptions set out below:

(a) They may be offered only and, therefore, awarded to staff assigned to the destinations or holding the positions to which they are bound.

b) The award of the houses linked to charges will be carried out by resolution of the Managing Director of the Institute for Housing of the Armed Forces, on a proposal from the head of the unit, center or agency corresponding.

(c) For the fixing of the amount of the fees for the use of these dwellings, account shall be taken of, in addition to the provisions of Article 10 of this Royal Decree, its location within the bases, the waterings, buildings or military establishments and their links to specific positions or to generic destinations for units, centres or agencies.

(d) The cessation of the position or destination to which the dwelling is linked shall be the cause of loss of the right of use of the dwelling, where the provisions of paragraph 2 of the previous article apply.

(e) The military officer who chooses the occupation of a non-eligible military housing linked to the position he holds, may maintain the right of use for the life of the military housing which, if any, has been awarded to him prior to the entry into force of Law 26/1999 of 9 July, unless the latter has also been declared non-rentable and is linked to a particular office or destination.

You will also be able to access access to housing property, regulated in the following chapter, as well as to the purchase of a dwelling by the Ministry of Defense or its agencies. of direct award or contest, giving application the rest of incompatibilities established in this Royal Decree.

4. For military dwellings linked to certain destinations or posts which are occupied by persons who do not correspond to them, as well as to their users, the exceptions set out in the previous paragraph shall not apply to them.

CHAPTER V Aid for Access to Housing Property

Article 21. Types of aid.

1. In order to facilitate access to the housing property of members of the Armed Forces, the following measures are established:

(a) The granting of aid and grants to the military personnel of the Armed Forces and to the military personnel of troops and marineria who maintain a permanent relationship of services.

b) The disposal of land to cooperatives whose primary purpose is the construction of houses owned by the members of the Armed Forces.

2. The Minister of Defence shall determine the requirements and procedures for the implementation of the measures provided for in this Article and shall lay down the criteria for the award of the measures, in accordance with the purpose of the measures. All in accordance with the conditions set out in this chapter.

Article 22. Aid for the acquisition of housing.

1. The granting of aid for the purchase of property shall be made in accordance with Articles 81 and 82 of the General Budget Law and shall be conditional, in any event, on the budgetary resources of each Member State. economic exercise.

2. In order to access these aids, the following requirements must be met:

a) That the requester is in active service situation.

b) That the acquired housing is located in national territory.

3. The processing files for granting them will take into account, among other parameters of the application, the time of services in the Armed Forces and the family loads.

Article 23. Disposal of land to cooperatives.

The disposal of land to cooperatives will be subject to the availability of land destined for this purpose by the Institute for Housing of the Armed Forces and must, in any case, meet the following conditions:

(a) The houses to be built by the aforementioned cooperatives shall be in official protection.

(b) The disposal of the soil shall be carried out by means of the tendering procedure.

(c) The price of the land offer shall be fixed in accordance with the module legally established under the scheme set out above.

(d) The award of the contest shall be carried out by the application of the scale to which it is established by the Minister of Defense, in which he shall be first, among other conditions of the cooperative, to be a professional military which maintains a service relationship of a permanent character, in active service situation.

CHAPTER VI

Rules for the disposal of military housing and other buildings

Article 24. General rules and sales calendars.

1. Dwellings not included in the Ministerial Orders referred to in Article 7 (2) of this Royal Decree, as well as other buildings, may be disposed of in accordance with the rules contained in this Chapter which shall be In any event, any other specific arrangements to which the aforementioned military and other buildings may have been previously received are therefore excluded.

2. The sale prices for the sale by direct award of the commercial houses and premises and those which are fixed as a basis for the sale of these and other buildings by the tender or auction procedures, determine by resolution of the Managing Director of the Institute for Housing of the Armed Forces and will be those who appear in the respective sales offers.

3. The successful tenderers will make the amount of the purchase cash cash at the moment of formalising the public deed.

4. From the moment in which a building is situated in whole or in part, the community of owners will assume all the services and common elements of the estate transmitted. In each of them, the Institute for Housing of the Armed Forces will be integrated as the owner of the houses or premises that have not been enajenadps.

5. Dwellings acquired by the direct award procedure or tender shall not be subject to disposal until three years have elapsed since the date of the sale, except for the death of the acquirer.

6. Sales contracts which are concluded as a result of the disposal of housing, commercial premises and other buildings shall have the nature of private contracts of the Administration.

7. The Minister of Defence shall, in any event, lay down the criteria for determining the order of precedence and the time-frames for the sale of military dwellings, in accordance with public interests.

8. The military housing to be in place must be managed by the Institute for the Housing of the Armed Forces and be part of its patrimony, after purging, if necessary, of its physical and legal situation; the Land Registry, once the necessary work of segregation, release of loads and horizontal division of the corresponding building has been completed; and not to be included in the relationships of non-rentable military housing to which it is refers to Article 7 (2) of this Royal Decree.

Article 25. Disposal of occupied dwellings.

1. The occupied dwellings may be offered to the holder of the contract or, in case of death of the contract, to the beneficiaries who have recognized the right of use for life, as required by Article 9 of this Royal Decree.

In cases of housing that by a firm judgment of nullity, separation or divorce, or by judicial decision that so declares, are occupied by person other than the holder of the contract, the disposal of the dwelling the holder shall only be possible provided that all other requirements provided for in this Royal Decree are met, the condition of expressly stating in the public deed of sale the ends relating to the attribution of the use of the family housing listed in the regulatory agreement approved by the Judge or, failing that, in the measures taken by it, as well as in all the judicial changes rendered by a substantial alteration of the circumstances in accordance with the provisions of Articles 90 and 91 of the Civil Code, and which were produced before the grant of the said deed.

Without prejudice to the foregoing paragraphs, the occupied dwellings shall be offered to the person who has been assigned to use them by a firm judgment of separation, divorce or invalidity, or by judgment of the court. declare, in the event that it does not constitute the habitual residence of the holder of the contract and that he expressly disclaims to exercise the right of purchase once the offer has been received, or tacitly if within two months of receipt of the contract the offer does not manifest its will to acquire, or will revoke its acceptance, The right to permanent occupation of the dwelling under special lease is lost and the right to apply it in Article 28 (5) of this Royal Decree.

The enablement contained in the preceding paragraphs for the disposal of the dwellings shall not be understood as the right acquired in favour of prospective buyers until they receive the corresponding offer.

2. The acquisition of the dwelling shall be potential, maintaining the right of the user to the permanent occupation of the same, under special tenancy, as provided for in Article 9 of this Royal Decree, without any possibility to permutas or changes in dwellings.

3. The final sale price of the occupied dwellings shall be fixed in accordance with the actual market value at the time of their offer, to which the deduction referred to in this paragraph shall apply.

For these purposes, it will be considered as a real market value that will be set by at least two valuation entities, registered in the corresponding register of the Banco de España and selected by public tender, according to the following procedure:

(a) The selected valuation entities, at the request of the Institute for the Housing of the Armed Forces, shall carry out household appraisals, based on the method of comparison, procedures, criteria and technical instructions set out in the Order of 30 November 1994 on rules for the valuation of immovable property for certain financial institutions, the Ministry of Economy and Finance, and those other conditions laid down in the Specifications for technical requirements.

(b) The valuation shall determine the average price per square metre of the total area constructed of the building. The common elements and general services of the building shall be taken into account in this assessment.

The valuation firms shall set the actual market value of each dwelling, taking into account the average price per square metre referred to in the preceding paragraph, the corresponding corrections for their situation and characteristics. (a) specific and relevant specific parking spaces shall be allocated equally between all dwellings in the building.

(c) The actual market value of each dwelling shall be that of finding the arithmetic mean of the valuations and shall be valid for twelve months for the purpose of the offer of sale to its users, after which it shall be need to be determined again according to the procedure described.

The resulting amount as a real market value shall be deducted from the amount of the deduction which, taking into account the criteria which have been applied for fixing the fees for use and the weighting of the life-occupation right of the users, is valued in a unit form in the 50 per 100, thus determining the final sale price.

4. The occupied dwellings shall be set up by the direct award procedure, with the following particularities:

(a) The Managing Director of the Institute for Housing of the Armed Forces will dictate the order of commencement of the disposal file, which may refer to a housing or a group of them.

(b) Authorised the initiation of the file, each user shall be notified individually of the offer of sale, including the final price assigned to the dwelling he occupies and the general and particular conditions which are determine. They will also be notified of the time limit in which, if they accept the offer precisely in the terms in which it has been made, they will have to put it to the knowledge of the Institute for Housing of the Armed Forces.

(c) Finished the period referred to in paragraph (b) above, the Managing Director of the said Institute shall dictate the appropriate resolution by awarding the houses whose tender has been accepted, in the price and under the conditions (i) certain, which shall be notified individually to the persons concerned.

d) Once the housing has been awarded, the aforementioned Institute will carry out the appropriate actions for the formalization of the corresponding contract of sale.

If any successful tenderer does not formalize the corresponding purchase and sale deed on the date indicated, it will be deemed not to accept the offer of sale of the housing it occupies.

5. Users who have not accepted the offer of sale of the dwelling which they occupy, expressly or tacitly if they do not do so within the period referred to in paragraph (b) of the previous paragraph or do not formalise the deed of sale, may subsequently request their purchase for a period of five years from that offer. In this case, the new offer will be made when the planned sales calendars are not disturbed and the final sale price will be fixed again, in accordance with the procedure laid down in paragraph 3 of this Article.

Article 26. Disposal of vacant dwellings.

1. The vacant dwellings, except where the Minister of Defense chooses to assign them to other units of the Department, may be assigned to the service of the Ministry of Defense by means of a contest between personnel, according to the scales and the procedure to be determined by the Minister of Defence.

In the aforementioned scales, the administrative situation, seniority, family burdens and economic proposition of the contestants will be taken into account, among other parameters, with a priority and in this order, that the the military is in the active service situation, as well as the circumstance, duly accredited, of having evicted the military housing it occupied, in application of the Royal Decree 1751/1990, of December 20, as a consequence of the pass to booking situations.

2. For each dwelling, the final selling price resulting from the valuation carried out in accordance with the procedure described in paragraph 3 of the preceding Article shall be fixed as the tender price for each dwelling.

3. Vacant dwellings which are not awarded by the tender procedure shall be sold by public auction, subject to the procedure laid down in the rules in force. They may also be recruited by direct recruitment when the circumstances provided for in Article 117 of the State Heritage Regulation are met, with the Minister of Defence being given the powers conferred by the same provision. attributes to the Minister for Economic Affairs and Finance.

Article 27. Disposal of commercial premises and other buildings.

1. Commercial premises which are leased may be disposed of by the system of direct award to their legitimate lessee in the price to be fixed in accordance with the procedure described in Article 25 (3) of this Royal Decree, without application of the deduction that in the same is foreseen.

2. Commercial premises and other buildings which do not have a user, or which have not accepted the purchase in the terms referred to in the preceding paragraph, shall be subject to the procedures laid down in paragraph 3 of the preceding Article.

The disposal of these buildings by the Institute for Housing of the Armed Forces will be communicated in advance to the Ministry of Finance, which, if necessary, will carry out the necessary actions for its possible incorporation and affectation to any service of the General Administration of the State or to its attachment to other public bodies in the terms and conditions laid down in the provisions of the State Heritage and prior compensation The budget is in favour of the Institute for the value of the valuation of those.

After three months from the notification to the Ministry of Finance without having received a reply, it will be understood that it will waive the maintenance of the buildings in the State Heritage and the Institute for Housing of the Forces. Navies will be able to alienate them.

CHAPTER VII

Incompatibilities

Article 28. General scheme.

1. The support measures contained in Article 1 (1) of this Royal Decree, the occupation of pavilions and the acquisition of housing by the Ministry of Defense through the procedures for direct award or tender, are (b) excluding in the terms set out in the following paragraphs.

2. The holder of a military housing or a flag of charge shall not be able to receive any financial compensation during the time he is occupying.

3. It shall not be possible to hold two military dwellings, except as provided for in non-eligible military housing linked to certain charges, in paragraph 3 (e) of Article 20 of this Royal Decree.

Also, during the time you are occupying a cargo hall, your owner will not be allowed to award a military housing.

4. In no case shall more than one house be acquired by the Ministry of Defence or its bodies by the procedure of direct or cooperative competition or award which has been built on land held by the Institute for the Housing of the Armed Forces.

5. Those who acquire a housing through the procedure of direct competition or adjudication, or as beneficiaries of a cooperative that would have built it on land held by the Institute for Housing of the Armed Forces, will not be able to access none of the support measures provided for in this Royal Decree, as well as any other assistance from the Ministry of Defence or its agencies for the acquisition of housing.

6. Those who receive any kind of grant or aid, granted by the Ministry of Defence or their agencies for the acquisition of housing, shall not be able to access another of the same nature, as well as any of the support measures provided for in this Royal Decree, nor to the acquisition of housing by the procedure of contest or direct award.

Article 29. Holders of military housing.

Those who are holders of military housing, during the time they are occupying, will not be able to access any of the support measures contained in this Royal Decree, as well as any other aid granted by the Ministry of Defense or its agencies for the acquisition of housing, nor to acquire housing by the procedure of contest provided for in the previous chapter.

Article 30. Owners of houses listed by the Ministry of Defense.

Without prejudice to the provisions of this Chapter, who, prior to the entry into force of Law 26/1999 of 9 July, have acquired a house awarded by the tender procedure or direct award by the Ministry of Defense or its agencies, or cooperative that has been built on land held by the Institute for Housing of the Armed Forces, will not be able to access any of the support measures provided for in this Royal Decree, except the economic compensation or housing under special lease at the place of destination different from the location of the acquired dwelling and when in the applicant the circumstances are met which to be beneficiary of them are determined in this Royal Decree.

CHAPTER VIII

Institute for Housing of the Armed Forces

SECTION 1.GENERAL PROVISIONS

Article 31. Classification, membership and legal status.

1. The Institute for Housing of the Armed Forces, created by Royal Decree 1751/1990, of 20 December, is set up as an autonomous agency, attached to the Ministry of Defense through the Department's Secretariat, with personality (a) a differentiated legal basis, a full capacity to act for the fulfilment of its own purposes, its own assets and its own treasury, and its management autonomy, and subject to the arrangements provided for in Chapter II of Title III of Law 6/1997 of 14 April 1997, Organization and Operation of the General Administration of the State, with the exceptions established In Law 26/1999 of 9 July, in respect of its patrimonial regime.

2. Its budgetary, economic and financial, accounting and intervention and financial control arrangements will be established for the autonomous bodies in the General Budget Law and other provisions in force on these matters. However, until the amendment of the Royal Decree No 1091/1988 of 23 September 1988 approving the recast text of the General Budget Law, the relevant matters shall be governed by the provisions of the Recast of the General Budget Law applicable to autonomous bodies of a commercial, industrial, financial or similar nature.

Article 32. Functions.

The Armed Forces Housing Institute has the following main functions:

a) Recognize and pay for economic compensation.

b) To award housing under special lease to military personnel.

c) Maintain, conserve, and manage military housing.

(d) Propose to the Minister of Defense the amount of the charges for use or, where applicable, charges for military housing and parking spaces.

e) Conceding, in the terms determined by the Minister of Defense, aid for the acquisition of homes by military personnel.

f) Promote and support the formation of associations and cooperatives that implement property construction programs for military personnel.

g) Those other functions attributed by Law 26/1999, of July 9, or others and its provisions of development.

Article 33. Legal capacity.

To fulfill its aims, the Institute will have the widest legal capacity to:

a) Acquire, alienate and lease buildings, premises and land.

b) Gravar, permute, dispose of and dispose of the goods that constitute its patrimony.

c) Contreating the performance of works and service delivery or running directly on each other.

d) To pass on to users the services and supplies that are provided in the homes and to demand payment of the same.

e) Solve claims on patrimonial liability that are filed against the body.

Article 34. Patrimonial regime.

1. The economic resources of the Institute may be derived from the assets and rights of the Institute's assets and the products and income of the assets and property which it has attached to it; the specific items assigned to it in the General Budget of the State; current or capital transfers from the general government or public entities; the ordinary and extraordinary income which it is entitled to receive; donations, legacies and other contributions from private and private entities; and any other resources which may be attributed.

Likewise, they will become part of the patrimony of the Institute for the fulfillment of the purposes mentioned in this Royal Decree, the economic resources obtained as a result of the alienation of military housing, local commercial and other buildings.

2. The patrimony of the Institute is integrated, in addition to those goods assigned to it by the General Administration of the State, by the houses qualified as military dwellings, by the assets and rights of the extinct Patronates of Military houses, as well as for those who acquire in the course of their management or who are incorporated by any public or private person and by any title.

The Minister of Defense may agree to the transfer of affected soil to his Department or to other public bodies that are dependent on him, for the purpose of the purpose of the Institute, when it is declared unnecessary and their disaffection, which shall be agreed in accordance with the State's heritage legislation.

3. The surplus of the proceeds from the disposal of the assets, once the obligations arising from the operation of the Institute and the purposes provided for in this Royal Decree, will be applied to meet the costs of the the process of professionalization and modernization of the Armed Forces and to reduce the initial deficit of the State budget, through the appropriate transfers from the Institute to the State.

The revenues that will be produced in the State budget as a result of the indicated transfers, will be able to generate credit in the corresponding programs of the Ministry of Defense, according to the Minister of Finance.

Article 35. End of the administrative route.

In accordance with the provisions of paragraph 3 of the Additional Article 15 (5) of Law 6/1997 of 14 April, the acts and resolutions of the Managing Director of the Institute put an end to the administrative route.

Against the same will only proceed with the administrative-administrative appeal, being able to be brought, with a potestative character, a resource of replenishment.

SECTION 2.A GOVERNING BODIES

Article 36. Governing bodies.

The governing bodies of the Institute are as follows:

a) The Rector Board.

b) The Managing Director General.

Article 37. Governing Council.

1. The Governing Council may meet in plenary and in the Standing Committee.

2. The Rector Board shall be composed of the following members:

a) The President, who will be the Assistant Secretary of Defense.

b) The Vice President, who will be the Managing Director of the Institute.

c) Vocals:

The Director-General of Economic Affairs at the Ministry of Defense.

The Director-General of Infrastructure at the Ministry of Defense.

The Director General of Personnel at the Ministry of Defense.

The General Legal Adviser of the Ministry of Defense.

The General Controller of the Ministry of Defense.

The Heads of the Mandates or Chief of Staff of the three Armies.

The Director-General of Budgets at the Ministry of Finance.

The technical secretary general of the Ministry of Public Administration.

d) The Secretary, who will be the Secretary General of the Institute, with a voice but without a vote.

The meetings of the Rector Board shall take place at least once a year and, on an extraordinary basis, when it is convened.

3. The Permanent Commission, chaired by the Managing Director General, shall be composed of the Heads of the Mandates or the Chief of Staff of the Armies, the General Counsel of the Defense, the General Controller of Defense and two more appointed by the Rector's plenary session, acting as secretary, with a voice but without a vote, the general secretary of the Institute.

The meetings of the Standing Committee shall take place at least once a quarter and, exceptionally, when it is convened.

4. The Plenary and the Permanent Commission shall be governed by the provisions of Chapter II of Title II of Law 30/1992 of 26 November.

Article 38. Functions of the Rector Board.

1. The Governing Council, as the governing body, has the main functions of directing, orienting, promoting and facilitating the Institute's own activities.

2. In particular, it corresponds to:

a) Approve the preliminary draft budgets and the annual general plan of action, with the investment program, of the Institute.

b) To know the execution and development of the objectives, as well as the states of expenditure and revenue of the Institute.

c) Propose the Minister of Defense with the amount of the economic compensation.

(d) Propose to the Minister of Defense the fixing of the amount of the lease fee or, where applicable, the fees for the use of military housing and parking spaces.

e) Approve the maximum amount of help for access to home ownership.

f) Approve the disposal of land to cooperatives whose primary purpose is the construction of houses owned by the members of the Armed Forces.

g) Other functions necessary for the achievement of the purposes of the Agency.

3. The powers referred to in paragraphs (a), (c) and (d) of the preceding paragraph shall be exercised, in any case, by the Plenary of the Governing Council.

Article 39. Managing Director General.

1. The Managing Director will be appointed by Royal Decree, on the proposal of the Minister of Defense, in accordance with the provisions of Law 6/1997, of April 14, and will assume the direction and management of the Institute.

2. In particular, it corresponds to:

(a) Ostend the official representation of the Institute and exercise the management of personnel and the services and activities of the Institute, without prejudice to the competences that correspond to this matter, according to the legislation in force, to other administrations and bodies.

(b) Approve expenditure and order payments, after budgetary entry for this purpose, to carry out any collection and revenue of the Institute and act as a contracting authority in accordance with Article 12 of Law 13/1995, In May, the Public Administration Contracts.

c) To dispose of the movable property, military, commercial premises and other buildings of the Institute.

d) Develop and raise to the Governing Council, for its approval, the preliminary draft budget and the annual general plan of action, with the investment program, of the Institute.

e) Present to the Governing Council the proposals for the determination of the lessor of use or, where appropriate, the fees corresponding to all military dwellings and parking spaces and the amount of compensation economic.

f) Resolve the contracts entered into by the users of non-rentable military housing and agree to the opening and resolution of the eviction proceedings for the reasons provided for in Articles 12 and 19 of this Royal Decree.

g) Agreed to the ex officio review, in respect of acts dictated by the organs of the dependents.

(h) to award commercial housing and premises in the form provided for in regulation, to authorize the execution of works and to inspect the state of conservation and use made of housing, commercial premises and other buildings.

i) Grant aid and grants for access to property in housing.

j) Resolve the Institute's assets liability files, as well as previous claims in civil and labor matters.

k) In general, exercise all those functions or powers attributed to it by law or regulation, as well as know, resolve and execute any matters not expressly attributed to the Governing Council and affect the good governance and administration of the Institute.

3. In the event of absence, vacancy or illness, the Managing Director shall be replaced by the Deputy Directors-General of the dependents, in accordance with the order referred to in paragraph 1 of the following Article.

SECTION 3.a ORGANICA STRUCTURE

Article 40. Organic structure.

1. The Institute, for its operation and administration, will have the following units, with an organic level of Subdirectorate General, dependent on the Managing Director General: General Secretariat, General Economic and Financial Subdirectorate, Subdirectorate General of Management and Subdirectorate General of the Liquidator Office.

The holders of these units will be appointed by the Minister of Defense, in accordance with the current legislation.

2. Corresponds to the General Secretariat:

a) Manage the internal regime, security, registration, file and general services, as well as general planning and management of the IT media.

b) To process and manage matters relating to personnel and relations with other relevant units and representative bodies in the field.

c) Coordinate and supervise the operation of the Institute's Delegations, as well as any other functions not attributed to the Institute's units.

3. Corresponds to the General Economic-Financial Subdirection:

(a) Manage revenue and expenditure, make payments and payments and manage cash and, in general, all economic matters affecting the Agency.

b) Prepare and develop the predraft budgets and perform accounting management.

c) Managing and managing procurement files.

4. Corresponds to the General Management Subdirection:

(a) Manage matters relating to the allocation to beneficiaries of economic compensation, military housing under special lease arrangements and leased commercial premises.

b) Carry out the necessary management activities to provide grants and grants for access to housing property.

c) Develop and execute the works programs in military, commercial and other buildings, as well as those necessary for their maintenance, preservation and replacement.

5. Corresponds to the General Subdirection of the Liquidator Office:

a) Take the updated inventory of the real estate and perform the necessary activities for its unlinde, debugging and registration.

b) Prepare, process and execute the files for the disposal of military and other buildings, as well as the rights constituted on them.

c) To study urban planning plans and to develop collaboration agreements with public entities in the field of heritage.

6. It will also depend on the Managing Director General Legal Counsel and the Delegate Intervention, with the organic level to be established in the corresponding relation of jobs.

7. In those localities which make it advisable, the Institute may have delegations to facilitate its management. The provisions in which they shall be determined shall specify the powers which correspond to them.

The creation, modification or deletion of these organs will be carried out by joint order of the Ministers of Defense and Public Administrations.

Additional disposition first. Definition of locality and geographical area.

1. For the purposes of this Royal Decree, each of the municipalities listed in the list of local entities determined by the Ministry of Public Administration shall be understood as a locality, with the exception of the local authorities. in the following paragraphs.

2. With respect to the requirements established to be a beneficiary of economic compensation or military housing, the Minister of Defense, on a proposal from the Governing Council of the Institute for Housing of the Armed Forces and prior report of the Heads of State The Senior States of the Armies, may identify as a single locality the geographical area formed by two or more municipal terms, according to their reasonable proximity, possibilities of communication between them and existence in the same units, centres or bodies of the Ministry of Defence.

3. For the fixing of the amount of the economic compensation, as well as the charge for the use of military dwellings and parking spaces, the Minister of Defense will be able to associate the different localities in groups, depending on similar conditions. (a) in the case of housing, in particular the entity of the municipalities and the rental market, as well as any other features which are considered appropriate in each case.

Additional provision second. First destination and change of destination.

For the purposes set out in this Royal Decree, the following shall be taken into account:

(a) For the military complement and the professional military of troops and marineria, it will be considered as the first destination that they were assigned to serve five years of service time. As a result, it is understood that there is change of destination with change of location or geographical area, for the first time, when it is assigned another in locality or geographical area different from that of the referred first destination.

(b) A change of destination shall be considered to be the performance of courses or the performance of tasks, for a period equal to or greater than one year, in a locality other than that of the assigned destination, whichever is the same. administrative.

In no case can the service commission be considered as a change of destination.

First transient disposition. Right to apply for military housing and to continue to receive economic compensation.

1. Upon the entry into force of this Royal Decree, all the requests for military housing previously formulated are without effect.

The military personnel who, upon the entry into force of this Royal Decree, are included in the lists of applicants for military housing, may submit a new application in those localities where housing exists. Non-eligible military personnel may be awarded.

Such applications shall be ordered, in accordance with the scale set out in Article 16 of this Royal Decree, in the lists referred to in Article 15 (3) thereof. The first will include those who meet all the requirements of Article 23 of Royal Decree 1751/1990 of 20 December, and in the second the applicants at first destination or subsequent destinations without change of locality or area (a) the geographical location of the territory;

2. Without prejudice to the provisions of the previous paragraph, applicants for military housing who have already received economic compensation for the entry into force of Law 26/1999 of 9 July will be held to this right for a maximum period of time. three years since that date, provided that the conditions are maintained for recognition in this Royal Decree.

Second transient disposition. Incorporation into the general regime of military housing not administered by the Institute for Housing of the Armed Forces.

1. To the military houses whose administration did not correspond to the Institute for Housing of the Armed Forces at the entry into force of Law 26/1999, of July 9, will not apply to them the general regime established in this Royal Decree until the minutes of delivery of such dwellings have not been formalised to the said Institute, prior to the purification, where appropriate, of the physical and legal situation of the buildings concerned, or of the period referred to in the fifth additional provision of The Law cited above. Once the above has been done, they will be assigned the destination corresponding to the effects provided for in Article 7 of this Royal Decree.

To the aforementioned houses, as long as they are not managed by the Institute for the Housing of the Armed Forces, the regulations for which they were being governed will apply, except as provided for in the following paragraph. In his case, the right to the use of such dwellings, according to the indicated regulations, the Managing Director of the Institute for the Housing of the Armed Forces, has been declared. houses until the minutes of delivery are formalized, shall order the opening, shall process and resolve the procedure provided for in Article 19.2 of this Royal Decree.

2. In any event, the use fee to be set by the Minister of Defence for military dwellings as provided for in Article 10 (3) of this Royal Decree shall be progressively applied for a period of three years from the following to the entry into force of Law 26/1999 of 9 July on housing referred to in the previous paragraph.

Transitional provision third. Buildings in the process of disposal.

The dwellings and other properties that the entry into force of Law 26/1999, of July 9, will be in the process of alienation, will maintain the conditions already established or committed for sale, that will culminate the agency the case has been initiated. After the expiry of the two-year period from the date of entry into force, the process shall be terminated, subject to the provisions laid down in this Royal Decree.

Single repeal provision. Repeal of regulations.

1. The following provisions are repealed:

(a) The precepts of Royal Decrees 1751/1990 of 20 December 1990 and 219/1997 of 14 February, which remained in force in accordance with the provisions of the Single Repeal Provision of Law 26/1999 of 9 July.

b) Ministerial Order 94/1995 of 29 June, regulating the regime for the award, use and eviction of service homes.

2. As long as the corresponding Ministerial Orders for the development of this Royal Decree and supplementary provisions are not dictated, the following provisions shall remain in force:

a) Ministerial Order 11/1993, of 2 February, creating the Delegations of the Institute for Housing of the Armed Forces and establishing the competencies that the Manager's delegation correspond to and the Order Ministerial 78/1995, of 22 June, for which several delegations of the Institute for the Housing of the Armed Forces are deleted and made up.

b) Resolution 3/1995, of 3 January, of the Managing Director of the Institute for Housing of the Armed Forces, for which the military housing stock is classified for the purposes of determining the usage fee.

c) Ministerial Order 15/1995, of January 30, for which the organs of representation of the users of military dwellings are regulated.

(d) Ministerial Order 33/1995 of 9 March, for which additional rules are laid down in connection with the award of military units of logistic support and garage places, and Resolution 42/1995 of 21 March of the Director General Manager of the Institute for Housing of the Armed Forces, which regulates the system of awarding and use of car parks and garages.

(e) Ministerial Order 22/1996 of 5 February laying down the fees for the use of military dwellings occupied by widows meeting certain requirements.

(f) Ministerial Order 179/1996 of 21 October on the constitution of the commission to propose the destination to be given to certain flags and other types of military housing.

g) Resolution 66/1997, of 10 April, of the Deputy Secretary of Defense, on identification as a locality of certain geographical areas.

(h) Ministerial Order 399/1998 of 21 December 1998 laying down new charges for the use of military dwellings and determining the replacement of the financial compensation.

3. As long as there are dwellings to which they are applicable, the following provisions shall remain in force:

(a) Ministerial orders 26/1993 of 17 March 1993 and 127/1993 of 28 December 1993 governing the applicable arrangements and the fees for the use of the dwellings referred to in Article 44 of the Royal Decree Decree 1751/1990 of 20 December 1990.

(b) Ministerial Order 22/1997 of 17 February 1997 laying down rules for the procedure for the processing and resolution of applications for an extension pursuant to Article 34 of the Royal Decree 1751/1990, of 20 December.

4. Similarly, any provisions of equal or lower rank shall be contrary to the provisions of this Royal Decree.

Final disposition first. Powers of development.

The Minister of Defense is hereby authorized to issue, in the field of his or her powers, any provisions necessary for the development and application of this Royal Decree, without prejudice to the express authorizations that The same is collected.

Final disposition second. Budgetary changes.

The Ministry of Finance will carry out the budgetary changes that are necessary for the development and implementation of this Royal Decree.

Final disposition third. 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 2 June 2000.

JOHN CARLOS R.

First Deputy Prime Minister and Minister of the Presidency, MARIANO RAJOY BREY