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Order Of 20 December 1994 By Which Dictate Standards For The Preparation Of Census Of Housing Leases.

Original Language Title: Orden de 20 de diciembre de 1994 por la que se dictan normas para la elaboraciĆ³n del censo de contratos de arrendamiento de viviendas.

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TEXT

The additional provision, sixth of Law 29/1994 of 24 November, of Urban Leases, establishes that the Government will proceed, through the Ministry of Public Works, Transport and the Environment, within one year to from the entry into force of that Law, to draw up a census of the contracts for leases of dwellings subject to it and subsist to its entry into force.

By imperative of this additional provision, the said census, which shall comprise the identifying data of the lessor and the tenant, of the date, duration and income of the contract, and of the existence or otherwise of clauses of review, to be drawn up, either at the request of the lessors, for whom the obligation to forward such data to the Ministry is established within the maximum period of three months, from the entry into force of the Law, either at the request of the tenants, who are also recognised as having the right to apply for inclusion in the census of their on the basis of the information provided by the Commission, the Commission, the Commission, the Commission, the Commission, the Commission, the Commission, the Commission, the European Parliament and the Council of the European Union. fourth final provision of the Act.

As a result, this Order is intended to establish appropriate prescriptions to make it easier for landlords and lessees to comply with this obligation or to exercise their right, and to draw up the census created. by the Law.

In its virtue, I have:

First.

1. The fulfilment by the lessors of the obligation to refer to the Ministry of Public Works, the Environment Transport the data of the contracts of leases of dwellings referred to in the additional provision sixth of Law 29/1994, On 24 November, for Urban Leases, within the time limit laid down by that provision, for inclusion in the census created by it, and the exercise by the tenants of the faculty to request inclusion in the aforementioned census the same additional provision shall be made in accordance with the official form of form which is includes as an attachment.

2. The official form, comprehensive of the identifying data of the lessor, the tenant, the dwelling object of the contract, its income, the existence or not of the review clauses therein, of its duration and of its date, shall be available from those interested in the Provincial and Special Directions in Ceuta and Melilla, from the Ministry of Public Works, Transport and the Environment.

3. The Provincial and Special Directorates may supply the entities or bodies of other public administrations which so request, copies of the said form for the purpose of facilitating the fulfilment of the duty or the exercise of the right established by the Law.

4. If the persons concerned are unable to obtain the forms in the said organs, they may formalize the application using a copy of the form attached to this order.

Second.

1. The home owners referred to in the preceding paragraph shall submit the corresponding declarations within the maximum period of three months from 1 January 1995.

2. Tenants, by giving written account to the landlord of the data referred in accordance with the provisions of the Law, shall be entitled to request the inclusion in the census of their respective contracts, which shall be carried out in the manner indicated for the declaration cited by the lessors.

Third.

1. The declarations and requests for inclusion in the census shall be presented in the General Register of the Ministry of Public Works, Transport and the Environment, in those of its Provincial and Special Directorates in Ceuta and Melilla, or in any of the following:

In the Records of any administrative body, belonging to the General Administration of the State, to that of any Administration of the Autonomous Communities, or to that of any of the entities that make up the Local Administration.

In the post offices, in the regulated form.

In diplomatic representations or consular offices of Spain abroad.

Any other that establishes the current provisions.

2. The Registry of the Public Administration in which the declaration is lodged in triplicate shall enter the date of filing and return one of the stamped copies to the person concerned.

Fourth.

The lessors who must submit more than twenty declarations may do so in computer support, after agreement on the characteristics of this with the corresponding services of the General Directorate for Housing, the Urbanism and Architecture.

Fifth.

The Provincial and Special Directorates of the Ministry of Public Works, Transport and the Environment, once received the forms or computer supports, must send them to the Directorate General for Housing, the Urbanism and Architecture, referring to the totality of the received, no later than April 1, 1995.

Sixth.

Once the census is drawn up, the Directorate General for Housing, Urbanism and Architecture will issue, at the request of the interested parties, the corresponding certificates of inclusion of the contract in the census.

Seventh.

The Secretary of State for the Environment and Housing and the Director General for Housing, Urbanism and Architecture will be able to make the necessary resolutions for the development and implementation of this Order.

Eighth.

This Order will enter into force on January 1, 1995.

Madrid, 20 December 1994.

BORRELL FONTELLES

Excma. Ms. Secretary of State for the Environment and Housing and Ilmos. Mr Deputy Secretary, Director General for Housing, Urbanism and Architecture, Provincial Directors and Special Directors of the Department.

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