The exercise of the military function presents, as one of its most important characteristics and demands, the mobility of its members throughout its entire career. With it, it contributes to the best professional training of the military and, therefore, to the greater operability of the different Units of the Armed Forces.

This perception was already at the base of the Royal Decree of 25 February 1928, which created a Patronato de Casas Militares to attend to the " contingency that the military personnel would not find accommodation or only the find inadequate and far away in relation to the demands of the vigilant military service.

The analysis of the evolution experienced since then in the deployment and functions of the Armed Forces allows us to link in our days the housing policy to be developed by the Ministry of Defense with the needs of Logistical support to the various Units, Centres and Agencies.

Contributing to ensuring such a link, the Department's personnel policy must have, among other objectives, that of covering the housing needs of active-duty military personnel arising from their geographical mobility and taking into account the operational reasons of the Armies.

In order to achieve this objective, the final provision of Law 4/1990, of 29 June, of the General Budget of the State for 1990, authorizes the Ministry of Defense to modify the system of qualification of the housing belonging to the autonomous body resulting from the recasting of the Patronato de Casas Militares, the Patronato de Casas de la Armada and the Patronato de Casas del Ejercito del Aire, when this recasting takes place.

The new design of housing policy is structured on a new administrative organization, under the Ministry of Military Administration, with the creation of the Institute for Housing of the The Armed Forces (INCOFAS); and seeks to satisfy the ambitious objective that is proposed by combining the supply of housing with a subsidiary compensation system.

However, the situation of the heritage of the Patronates of the Military Houses requires the adoption of transitional measures with which the achievement of the object designed with the lowest possible cost for those who are affected by the application of the measures contained in this Royal Decree. The budgetary constraints also require gradual and progressive implementation of the effects contained in this rule.

These conditions, together with the needs of military defense planning, have been taken into account in order to set the deadlines for the implementation of these measures, establishing a coherent whole.

As complementary measures of this policy open channels that facilitate access to the acquisition of property in property so that military personnel, at the end of their period of activity, have their needs met. housing by obviating the difficulties that its acquisition causes to its mobility.

In its virtue, on a joint proposal of the Ministers of Defense, Economy and Finance, and for the Public Administrations, in agreement with the Council of State and after deliberation by the Council of Ministers, at its meeting on December 1990,

DISPONGO:

CHAPTER FIRST

General provisions

Article 1. °

order to contribute to the operation of the Armed Forces and facilitate the geographic mobility of its members, the Defense Ministry, in accordance with the needs of military defense planning, will adopt the measures. appropriate to cover the housing needs of the members of the Armed Forces arising from their mobility; in order to recognize, in their absence, economic compensations of a substitute character and to promote the access of the members of the Forces Armed with home ownership.

Art. 2. °

1. It is up to the Secretary of State for Military Administration to define, address and manage the housing policy for members of the Armed Forces.

2. In order to achieve the objectives set out in the previous article, the Secretariat of State of Military Administration will have the bodies created in this Royal Decree and coordinate the actions that will be necessary for the Department and Social Institute of the Armed Forces.

3. The Secretary of State for Military Administration may delegate to the Director-General of Personnel of the Department the functions attributed to him in the preceding numbers.

4. Action in the field of military housing shall be subject to personnel policy and shall be drawn up taking into account the evolution of the templates and the deployment of the Units.

CHAPTER II

Institute for Housing of the Armed Forces

Art. 3. °

1. In accordance with the provisions of Article 80 and the seventh final provision of Law 4/1990, of 29 June, of the General Budget of the State for 1990, the Institute for the Housing of the Armed Forces (INCOFAS) is hereby established. (b) of the Royal Decree of 23 September 1988 on the effects provided for in Article 4.1 (b) of the Royal Decree-Law No 1091/1988 of 23 September 1988 on the recast of the General Budget Law, with legal and full personality ability to work for the fulfilment of its purposes and with the structure and functions identified in the articles next.

2. The Institute for Housing of the Armed Forces, attached to the Ministry of Defense, will depend on the Secretariat of State of Military Administration, through the Directorate General of Personnel of the Ministry of Defense.

Art. 4. °

The Institute for Housing of the Armed Forces aims to cover the housing needs of the military personnel in active duty in the active service situation in the terms provided for in the present Royal Decree and its provisions for development.

Art. 5. °

1. In order to achieve its objectives, the Institute for Housing of the Armed Forces will be able to carry out the following actions:

(a) The proposal for the classification of military housing as military housing for logistic support and the classification of its disqualification.

b) The promotion, acquisition, construction, administration and conservation of military housing for logistical support.

(c) The proposal for the fixing of the annual amount of charges for the use of military housing for logistical support.

d) The acquisition, urbanization and land of land for the construction of military housing of logistic support.

e) The acquisition of dwellings built by third parties for their qualification as military housing of logistic support and their subsequent disposal of use.

f) The direct procurement and execution of works and services in accordance with current legislation.

g) How many actions serve the best management and compliance of the Institute's goals.

2. Likewise, and without prejudice to the provisions of the additional provision of this Royal Decree, the Institute for Housing of the Armed Forces will be able to dispose, tax and lease premises, buildings and land to both public entities and public entities. to individuals.

Art. 6. °

For the purposes of this Royal Decree, it will be understood by military units of logistic support, integrated in the demanio affected the Ministry of Defense, those whose use, in reason of the geographic mobility that characterizes the function Military personnel are transferred, for consideration and in the locality of their destination, to military personnel in active duty.

Art. 7. °

Governing Bodies of the Institute shall be the Governing Board and the Manager.

Art. 8. °

1. The Governing Council of the Institute for Housing of the Armed Forces is chaired by the Minister of Defense, and, in his absence, the Secretary of State of Military Administration, who will be the Vice President, and are part of it as Vocals the Directors General Staff, Infrastructure and Economic Affairs of the Ministry of Defense; the General Controller of Defense; the General Legal Adviser of the Defense; the Manager of the Social Institute of the Armed Forces; the Heads of State or Government; Staff of the three Armies; the Manager of the Institute for Housing of the Forces Navies and a Director General for each of the Ministries of Economy and Finance, Public Works and Urbanism and for Public Administrations.

2. The Governing Council shall act in plenary session, which shall meet at least once a year, and in the Standing Committee. This will be chaired by the Director-General of Personnel of the Ministry of Defence and will be part of the Director-General of Infrastructure of the Ministry of Defence, the General Financial Controller, the General Legal Adviser of the Ministry of Defence. Defense, the Manager of the Social Institute of the Armed Forces, the Chiefs of Staff of the Armies and the Manager of the Institute for Housing of the Armed Forces.

3. Both the plenary and the Standing Committee shall adopt their agreements in accordance with the provisions of the Law on Administrative Procedure.

Art. 9. °

1. They are the powers of the Governing Council:

a) Establish the rules for the government, management and administration of the Armed Forces Housing Institute.

(b) Agree to the exercise of the judicial actions necessary to achieve their ends and to maintain relations with Authorities or individuals to those same effects.

c) Propose to the Minister of Defense the fixing of the amount of the fee corresponding to the transfer of use of the military housing of logistic support.

d) Propose to the Minister of Defense the programs of acquisition or construction of military housing of logistic support.

e) You have tested the accounts and balance sheets, as well as the Memory and the preliminary draft annual revenue and expenditure budget of the Institute for Housing of the Armed Forces.

f) Propose to the Minister of Defense the Annual Plan of Objectives of the Institute for Housing of the Armed Forces.

g) To monitor and monitor the actions of the Institute for the Housing of the Armed Forces.

h) Any other necessary for the achievement of their purposes.

2. The powers referred to in paragraphs (d), (e) and (f) of the previous paragraph shall be exercised, in any case, by the Plenary of the Governing Council.

Art. 10.

The Manager of the Institute for Housing of the Armed Forces, who will have the rank of Director General, will be appointed by Royal Decree, on the proposal of the Minister of Defense, and will be responsible for the management of the Institute.

Art. 11.

These are Manager functions:

a) Address the regular performance of the Institute for the Housing of the Armed Forces.

b) Execute the agreements of the Governing Council and the orders or instructions that may be issued by the Ministry of Defense and the Secretary of State for Military Administration.

c) Manage the resources of the Institute for Housing of the Armed Forces and account for management.

d) Present to the Governing Council the preliminary draft annual budget of revenue and expenditure, as well as the Memory of the financial year and final balance sheet.

e) Plan and schedule solar and home acquisitions and construction to submit to the Rector Board.

f) To conclude contracts, approve expenditure and order payments on behalf of the Agency, within the scope of its competence, and after budgetary entry for this purpose.

g) To process the construction files approved by the Council, managing the financial means, as well as to subscribe to the scriptures derived from these files.

(h) Claim and collect as many amounts or credits are due to the Institute for Housing of the Armed Forces or must be collected from the Agencies of the Ministry of Economy and Finance, General Deposit Box, Entities of credit or who proceeds, and require compliance with any obligations contracted in favor of the Armed Forces Housing Institute.

i) submit, for a report, to the Permanent Commission of the Council Rector the proposal for the classification of military housing as military housing of logistic support and the classification of its disqualification. Once informed, raise it to the Secretary of State for Military Administration for approval.

j) To award the housing and premises, in the form provided for in this Royal Decree, and to grant the corresponding documents.

k) Inspect construction works, adopting or proposing to the Council any measures it deems appropriate.

I) Authorize the execution of works in housing, inspect the state of conservation and use that is made of homes, premises, and other buildings.

m) To hold the Head of the staff of the Institute without prejudice to the competences that correspond, in accordance with the current legislation, to other Authorities or Agencies.

n) Report on the resources of any kind that are brought against the Institute for the Housing of the Armed Forces, and may obtain, for this purpose, the assessments that it deems appropriate.

n) To know, to resolve and to execute as many cases are not expressly attributed to the Rector Council and affect both the good government and administration of the Institute for the Housing of the Armed Forces and the exercise of the functions that you are assigned to.

Art. 12.

For its operation and organization, the Institute for Housing of the Armed Forces will have the following agencies dependent on the Manager: General Secretariat, Economic and Financial Subdirectorate Management.

The holders of these three units, with the organic level of Subdirector general, will be appointed by the Minister of Defense in accordance with the current legislation.

Art. 13.

To facilitate and expedite the management of the Institute, it will be proposed to create delegations of the Institute in those provinces in which the circumstances so advise. The creation provision will specify the competencies that, by delegation of the Manager of the Institute for Housing of the Armed Forces, correspond to them.

Art. 14.

It will constitute the resources of the Institute for Housing of the Armed Forces the assets and rights that make up its patrimony, the grants that are granted to it, the products and income of its assets and the assets that their case is attached to them, the revenue generated by the exercise of their activities and any other income attributed to them.

The expenses arising from the application of this Royal Decree shall be financed from the resources referred to in the preceding paragraph. If, in any financial year, the income derived from its activity does not cover the expenditure envisaged, the subsidy necessary to finance the deficit shall be granted from the appropriations entered in the budget of the Ministry of Defence for expenditure. of investment and support of the Armed Forces.

Art. 15.

The Institute for Housing of the Armed Forces will enjoy the tax regime that, according to its nature, corresponds to it.

CHAPTER III

Military logistic support housing

Art. 16.

The Ministry of Defense will provide military personnel in the Armed Forces with military housing for logistical support through the use of the terms and conditions provided for in this Royal Decree.

Art. 17.

Access to military housing for logistical support shall have effects, upon request of the person concerned, from the allocation of destination in a locality other than that of the first destination; it shall be effective only in the locality in which it is finds the place of destination and will also require the military to be on active duty.

Art. 18.

Military personnel may not be able to access the use of military housing for logistical support when they lose their status as a career military officer, as well as when they are retired, a second reservation or a situation other than that of service. active.

Art. 19.

Under the provisions of Article 2. of the Law on Urban Leases, the disposals of use of the military housing units of logistic support, which will be governed by the provisions of the Law, are excluded from the scope of their provisions. Royal Decree and the provisions for its development, as well as the provisions of Articles 142 to 144 of Decree 2114/1968 of 24 July 1968 on the Regulation for the application of the Law on Housing Official, recast text approved by Decrees 2131/1963 of 24 July, and 3964/1964 of 3 December in the to be applicable to them.

Art. 20.

It will not be possible to recognize the transfer of military support to legal persons or physical persons other than the military personnel of the Armed Forces. The transfer of use that this Royal Decree establishes is personal and untransferable.

Art. 21.

Military logistic support housing will be of two types:

a) For General Officers, Senior Officers, And Officers.

b) For Senior And Sub-official Officers.

Art. 22.

In order to comply with the provisions of the previous articles, the Institute for Housing of the Armed Forces will offer military housing for logistic support in the transfer of use.

Art. 23.

The armed forces ' military officer in active duty may request a military logistic support housing once awarded in a location other than that of the previous one, through an instance addressed to the Institute for Housing of the Armed Forces, in the model approved by the Secretery of the State of Military Administration, to which he will accompany the affidavit of his personal and professional conditions.

Art. 24.

The award of a military logistic support housing shall be made by the implementation of a scale, which shall be approved by the Minister of Defence, at least the following ends shall be taken into account:

a) Continued stay posted in the locality.

b) Effective service time.

c) Family loads.

Art. 25.

Vacant military housing for logistical support, the scale mentioned in the previous article will apply to all applications that have entered the Institute for Housing of the Armed Forces until the last day of each month. The award shall be made in the first ten days of the following month.

Art. 26.

1. The applicant shall be obliged to notify the Housing Institute of the Armed Forces of the modification of his or her family circumstances; otherwise such modification shall not be taken into account for the implementation of the scale.

2. The Institute for Housing of the Armed Forces may request from the Mandos or Chief of Staff of the three Armies the accreditation of the professional conditions alleged by the applicants.

Art. 27.

1. The award of a military housing for logistic support will be done by resolution of the Manager of the Institute for Housing of the Armed Forces and will be effective from the moment of the notification to the interested person. The term for housing will be one month from this notification, during which time you must leave the military housing that you have occupied until that time.

2. After that period, without having occupied the house, you will lose your rights as long as you remain in the same locality. Exceptionally, for reasons derived from the destination or for duly accredited personal circumstances, the Manager of the Institute for Housing of the Armed Forces may extend that period.

3. If the housing does not conform to the family needs of the successful tenderer, the successful tenderer may submit the waiver, which, if approved by the Secretary of State for Military Administration, shall not imply any loss of his rights.

Art. 28.

The transfer of use shall be formalized in the terms and conditions determined by the Minister of Defense, in accordance with the provisions of this Royal Decree.

Art. 29.

The successful tenderer of a military logistic support house shall be obliged to pay the monthly fee corresponding to it and to be determined annually by the Minister of Defense, on a proposal from the Governing Council of the Institute for the Housing of the Armed Forces.

The royalty payment will be made effective by your discount on the assets you receive by the paying agent, Cash or Enablement, or, if applicable, through the monthly receipt.

Art. 30.

1. The delivery of the allocated houses shall be carried out in conditions of habitability, with the Institute for Housing of the Armed Forces being at the expense of the possible expenses resulting from the deterioration due to the normal use of the dwelling.

2. For the Armed Forces ' Housing Institute, the necessary repairs will be made to the buildings and homes as a result of breakdowns in the interior of the water, light, gas, heating, and (a) health care facilities, provided that they have not been caused by misuse or negligence of the users, in which case it shall be the repair on behalf of the deceased.

3. It will also be of account of the Institute for Housing of the Armed Forces the conservation of lifts, roofs, scalerae, courtyards, basements and, in general, all the local ones of common use, as well as the repeal of facades, provided the damages produced are not imputable to certain or certain users.

4. In any case, it will be expenses of the Institute for Housing of the Armed Forces, the derivatives of the conservation and improvement of the buildings, the general expenses of goalkeeping or concierge, ascents, water and electric fluid for common services and the (i) the execution of repairs that are attributable to the Institute for the Housing of the Armed Forces.

Art. 31.

1. The users of the housing of the Institute for Housing of the Armed Forces are directly responsible for the damage and damage caused by misuse or carelessness, as well as those that originate from the people with them. cohabiting and, in any case, those that are found, out of normal deterioration, when leaving the dwelling.

2. The payment of these expenses shall be made by official office which, through the corresponding Pagoratori, or receipt, will pass them the Institute for Housing of the Armed Forces.

Art. 32.

1. The following are causes of eviction of the military logistic support houses:

a) Change in the administrative situation that granted the right to the use of that housing.

b) Change of destination involving change of location.

c) Loss of career military condition.

d) Pass to retired or second user reservation.

e) The user's demise.

f) Impayment of the fee corresponding to three monthly payments.

g) Causing the occupant, or persons with the convivan, severe deterioration in the building for misuse of the property.

h) Not to direct the user's usual and permanent home.

i) Total or partial housing of the dwelling.

2. However, the provisions of paragraph 1 (a) of this Article may maintain the use of the military housing of logistical support to be awarded to those who are in the following situations and for as long as they remain in the same:

(a) Special services pursuant to paragraphs (a), (b), (c) and (d) of Article 99 (1) of Law 17/1989 of 19 July 1989 on the Rules of Procedure of the Professional Military Staff.

(b) Voluntary disclosure pursuant to Article 100 (2) and (3) of Law 17/1989 of 19 July 1989.

(c) Suspense of duties where, by application of the provisions of Article 102 (2) of Law 17/1989, of 19 July, the cessation of the destination is not agreed.

d) Reserve occupying destination, in accordance with the provisions of Article 103.6 of Law 17/1989, of July 19.

e) Available, for the first six months in that situation.

Art. 33.

1. Published in the "Official Gazette of the Ministry of Defence", the Resolution certifying the causes (a), (b), (c) and (d) of paragraph 1 of the previous Article, a period of three months shall be granted for the voluntary eviction from the date of the publication.

However, the time limit for the voluntary eviction will be two months in the case of loss of the status of a military career and in the special services and voluntary leave not referred to in paragraph 2. Article 32.

2. In the case of the death of the user, the period shall be six months from the day of death.

3. Where the causes (f), (g), (h) and (i) of paragraph 1 are given, the period of three months shall start from the date on which the Institute for Housing of the Armed Forces notifies the person concerned of the accreditation of the such circumstance.

Art. 34.

The Minister of Defense may extend the time limits set out in the previous article for humanitarian or exceptional reasons.

Art. 35.

After the withdrawal periods on a voluntary basis without the user or those with whom the house had been evicted, the Institute for Housing of the Armed Forces will proceed according to the procedure. Article 142 to 144 of Decree 2114/1968 of 24 July 1968 on the application of the Law on the Housing of Official Protection, recast text adopted by Decrees 2131/1963, of 24 June 1963, July and 3964/1964 of 3 December.

Art. 36.

Concluded the procedure referred to in the previous article, the user or those who with the convivan will have one month for the effective abandonment of the dwelling, after which without it had been carried out and, if necessary, will be given knowledge of the failure to comply with the Resolution to the Command or Head of Personnel concerned with the effects provided for in the Organic Law 12/1985 of 27 November, of the Disciplinary Regime of the Armed Forces, without prejudice to the adoption of measures from the immediate eviction of the house.

CHAPTER IV

Economic Compensation

Art. 37.

The Ministry of Defense will pay a monthly economic compensation to the military personnel of the Armed Forces who, meeting the requirements and conditions required in Article 17 of this Royal Decree, have requested military housing for logistical support and has not been able to access it for lack thereof in the locality of its destination.

Art. 38.

The Minister of Defence shall, on an annual basis, fix the amount of the replacement economic compensation taking into account at least the amount of the charges for the use of military housing for logistical support, the evolution of the consumer prices, the rental housing index and the different areas where, for these purposes, the national territory may be divided.

Art. 39.

The replacement economic compensation shall be subject to the following requirements:

(a) If the housing is rejected, the economic compensation shall not be paid if the housing is rejected.

b) The award of military housing will mean an automatic cessation of the perception of economic compensation.

c) Payment of the compensation will require the prior eviction of the military housing that you have previously occupied.

Art. 40.

The Director General of Personnel of the Ministry of Defense will grant the replacement economic compensation when the Institute for Housing of the Armed Forces cannot attend to the housing application. From your resolution you will transfer to the Mandos or Chief of Staff and, if necessary, to the corresponding Pagoratoro de Haberes.

Art. 41.

The perception of the economic compensation will cease in the assumptions provided for in Article 39 of this Royal Decree, as well as the moment when the conditions for accessing the use of military housing are lost. logistics.

However, those who perceive economic compensation and move on to the available situation will continue to receive it for a maximum period of six months.

CHAPTER V

Promoting access to the property

Art. 42.

1. The Social Institute of the Armed Forces (ISFAS) will contribute to the achievement of the objectives outlined by the Secretary of State for Military Administration in the field of housing through the establishment of a credit grant system for the acquisition of own house, under its social action programmes and in accordance with its budgetary forecasts.

2. In order to be granted, if the credit availability is advised, the Secretary of State for Military Administration may establish an order of priorities on the basis of, inter alia, the following circumstances: Effective service time, administrative situation and age of the petitioners.

Art. 43.

1. Likewise, and with the same programs and credits, the Social Institute of the Armed Forces will be able to support actions that allow the formation of associations and cooperatives that will execute, in collaboration with public or private entities, housing construction programmes for professional military personnel, whatever their administrative situation.

2. In order to guarantee the social objectives pursued, the Social Institute of the Armed Forces will determine the conditions and requirements to be met by the entities that are constituted, as well as those that must be gathered by all of its members.

CHAPTER VI

Other homes

Art. 44.

The housing that the Armed Forces Institute for Housing does not qualify as military housing for logistical support may be used by personnel linked to the Armed Forces, in the framework of the social action of the Department. The Minister of Defence shall regulate the arrangements applicable to these dwellings, taking into account, as far as is applicable, the provisions of this Royal Decree, and shall fix annually the fee for the use of such dwellings.

CHAPTER VII

Resources

Art. 45.

Against the Resolutions and Agreements of the Governing Council of the Institute for the Housing of the Armed Forces, an appeal will be made to the Minister of Defense. Against the Resolutions given by the Manager of the Institute for Housing of the Armed Forces, an appeal may be brought before the Secretary of State for Military Administration whose resolution will end the administrative route.

ADDITIONAL PROVISIONS

First.

1. Since the entry into force of this Royal Decree the following autonomous bodies are deleted:

Military Home Patronate of the Army of the Earth, reorganized by Law 84/1963, of July 8.

Patronato de Casas de la Armada, organized by Law 12/1960, of May 12.

Board of Houses of the Air Force, reorganized by Law 110/1966, of December 28.

2. The Institute for the Housing of the Armed Forces may continue, on a transitional basis, the actions that the Extinct Patronages would be carrying out, and only until the initial qualification of the houses from the these.

Second.

1. A liquidating Office is created in the Directorate-General of Personnel of the Ministry of Defense, to exercise all the necessary actions to carry out the patrimony of the Extinct Organisms that the Institute for Housing of the Forces Navies declare not to be of interest for logistical support purposes.

2. The liquidator's Office shall carry out a general settlement account and shall, in accordance with the laws in force, provide the necessary credit institutions with operational accounts for the collection of debts for the necessary payments. and for the other obligations that correspond.

3. Its holder, with the organic level of Deputy Director General, shall be appointed by the Minister of Defense in accordance with the legislation in force.

Third.

The resources obtained by the action of the Liquidator Office in the disposal of housing, commercial premises, elements, solar and other goods and rights, will become part of the Heritage of the Institute for the Housing of the Armed Forces for the fulfillment of its purposes, for which the appropriate budgetary modifications will be made.

Fourth.

The execution of the programs for the construction of military housing of logistic support will be carried out with the collaboration of the Directorate General of Infrastructure of the Ministry of Defense that will take charge of the definition the technical nature of the construction projects, as well as, where appropriate, of the execution of the projects through the means available to them or to make them aware and charged with the allocations as in the budgets of the Ministry of Defence for the Autonomous Bodies are entered for that purpose.

Fifth.

The military personnel of the Armed Forces who are, or have owned, in the locality in which their destination is located, from a housing acquired to the Ministry of Defense or subsidized by him will not be able to access the use of military housing for logistical support and the recognition of the payment of the financial compensation referred to in Chapters III and IV of this Royal Decree.

Sixth.

All military personnel within the meaning of Article 103.7 of Law 17/1989, of July 19, shall be considered for the purposes of this Royal Decree in the reserve situation.

Seventh.

1. For the purposes of this Royal Decree, military personnel will be considered as career personnel for the components of Tropa and Marineria professionals who have acquired the right to remain in the Armed Forces until the retirement age.

2. The Minister of Defense shall determine the conditions under which the military of employment may access the use of military logistic support housing in accordance with the provisions of Chapter III of this Royal Decree.

Eighth.

As long as it is not provided otherwise by the rules that are dictated in the development of the final disposition fifth of Law 17/1989, of July 19, regulatory of the Regime of the Professional Military Personnel, the personnel belonging to the Scale of the Royal Guard which, at the entry into force of this Royal Decree, will occupy military housing, may retain the use of it.

Ninth.

Exceptionally, when circumstances of the service so require or the contribution to the operation of the units so advise, the Minister of Defense may authorize the assignment of military housing for support logistics, under the conditions set forth in this Royal Decree, to civilian personnel serving the Ministry of Defense.

10th.

When the location of the destinations and the homes so advised, the Secretary of State for Military Administration, prior to the report of the Chiefs of the Major States of the Army of the Earth, the Navy and the Army of Air, may identify as a locality, for the purposes of the provisions of this Royal Decree, certain geographical areas. Likewise, it may establish shifts between the military personnel of the various Armies for the award of the existing dwellings in one or more localities, taking into account the volume of the respective units, to the corresponding units. percentages of housing occupancy and how many other factors can be considered.

11th.

1. The Minister of Defense will regulate the regime of the flags of charge and housing of representation and, prior to the report of the Chiefs of the Army of Land, Navy and Army of the Air, will determine the qualification as pavilions of position or as military units of logistic support of the current wards of the Corps, Unit or Plaza or houses of service.

2. Until such time as provided for in the preceding paragraph, the flags, housing and service houses shall be governed by their specific provisions.

12th.

Within one month of the entry into force of this Royal Decree, the Minister of Defense will approve the charge to satisfy for the use of military housing and logistic support, taking into account, among other factors, the military, the rental housing index, the locality and the amount of compensation for homelessness.

It shall also fix the fee to be met by the use of the dwellings regulated in Article 44 of this Royal Decree.

13th.

The houses referred to in Order 28/1989 of 28 March, for which rules are given for the award of certain military housing, are classified as military housing.

TRANSIENT PROVISIONS

First.

1. Notwithstanding the provisions of this Royal Decree, the following rules shall be taken into account for their application:

1. Who, upon their entry into force, are in a position of available, special services or pass on to this situation as a result of the application of the transitional provisions fifth and sixth of the Royal Decree 1385/1990, of 8 November, and occupying military housing, will be able to maintain the use until their cessation in such administrative situation; from that moment, the provisions of this Royal Decree will apply to them.

2. Who, upon entry into force, are in reserve status, second reservation or forced retirement by age or physical disability and occupying family housing, may maintain the use until their death.

3. Who, upon entry into force, are on active duty, and have five or fewer years to pass to the reserve status pursuant to paragraph 1, causes (a) and (b), and Article 103 (2) of the Law 17/1989, of July 19, and occupying military housing, may maintain the use until their death, unless they lose the status of military, they pass to another administrative situation, except the own reserve, to which the right to use of military housing for logistical support or housing acquired from the Ministry of Defense or subsidized by the.

4. Those who had passed on to the situation of temporary reserve and, at the entry into force of this Royal Decree, were occupying military housing, could keep the use until their death if they had the age In general for each Scale, Body and Employment for the pass to the reserve situation in Law 17/1989, of July 19, or they are missing five or fewer years to reach that age.

The rest of the staff in the transitional reserve situation must leave the house, in any case, before 1 January 1992.

5. The widows of military personnel, who at the entry into force of this Royal Decree are occupying military housing, v the widows of the staff cited in the rules 2. ª, 3. and 4. death, except change of marital status.

2. Military personnel on active duty who are occupying military housing outside the locality of destination may retain it until the first change of destination, or administrative situation, or housing allowance, at which time it shall submit to the general scheme of this Royal Decree.

3. The personnel belonging to the Corps of War Mutilados by the Fatherland will follow the regime provided for in this Royal Decree for retired personnel, in accordance with the provisions of the sixth final provision of Law 17/1989, of July 19.

4. Those who, at the entry into force of this Royal Decree, are occupying military housing, not meeting the conditions set out in Chapter III, and are not included in the preceding paragraphs or in the cases referred to in the Additional eighth and ninth provisions of this Royal Decree, shall be removed within the time limits set out in this Royal Decree.

Second.

The above transitional provision will not apply to those who are occupying a military housing as referred to in Order 28/1989 of 28 March, for which rules are given for the award of certain military housing.

Third.

1. The civilian personnel at the service of the Ministry of Defense who are occupying military housing upon the entry into force of this Royal Decree may retain the use of that until the moment their change of destiny occurs in the Ministry itself. suppose a change of location, go to other departments, stop in their employment relationship or retire.

2. Retirees who occupy housing at the entry into force of this Royal Decree will be able to maintain the use until their death.

3. The widows of the staff referred to in the first paragraph of this provision housing the entry into force of this Royal Decree and the widows, if any, of the staff referred to in the second paragraph, may maintain the use of the dwelling until their death, except change of marital status.

4. All personnel referred to in this provision, while maintaining the use of military housing, are subject to the provisions of this Royal Decree.

Fourth.

Produced the qualification of the current housing stock of the extinct Patronates, the Institute for Housing of the Armed Forces will be able to rehouse in a new dwelling the staff referred to in the rules 1. 5. first paragraph of the first transitional provision, and in the second and third paragraphs of the preceding transitional provision, in accordance with the professional, personal and family circumstances of the occupant and in accordance with the Directorate-General General of Personnel of the Ministry of Defense.

Fifth.

The canon which, as provided for in the additional twelfth provision of this Royal Decree, will be set by the Minister of Defense will be applied progressively for a maximum period of eight years for those who are occupying on the date of entry into force of this Royal Decree, a military housing. The application of the initial fee shall take effect from 1 June 1991.

Sixth.

1. Upon the entry into force of this Royal Decree, all requests for housing made before the Patronates of Military Houses are cancelled.

2. Until 1 April 1991, they may apply for military housing for logistical support in their place of destination who, in active service, at the entry into force of this Royal Decree, have changed at least once a destination town. and are not included in the fifth additional provision.

3. The first allocation of military housing for logistical support will be carried out in May 1991.

Seventh.

1. The perception of the economic compensation provided for in Article 37 shall only be applied in its entirety on the occasion of the new destinations arising from the entry into force of this Royal Decree and which involve change of location.

2. Those who, under the provisions of the previous transitional provision, have applied for housing and are not granted, shall receive the financial compensation in the annual percentages laid down by the Minister of Defence up to their total amount within a period of three years, provided that they do not meet the provisions of paragraph 2 of the first transitional provision.

3. The corresponding economic compensation shall be paid as from 1 June 1991, with economic effects from the first day of the month following the date of change of destination for those referred to in paragraph 1 of this provision or from 1 January 1991. February 1991 for the purposes of paragraph 2 of this Article.

Eighth.

1. The General Directorate of Personnel of the Ministry of Defense will adopt the necessary measures to engage in the Institute for Housing of the Armed Forces, in the Liquidor Office or in any other Centers or Agencies of the Ministry of Defense. of Defense, to the personnel who will be providing services in the suppressed organizations.

2. All staff referred to in the preceding paragraph shall be respected for their administrative or employment situation and shall continue to receive in full the remuneration they have recognised until the redistribution has been made.

REPEAL PROVISION

1. The following provisions are repealed:

Decree 2165/1960 of 17 November, which approves the Regulations of the Patronato de Casas de la Armada.

Decree 3264/1970, of 29 October, approving the Organic Regulation of the Patronato de Casas del Ramo del Aire.

Decree 2943/1975 of 31 October, which approves the Organic Regulations of the Patronate of Military Houses.

Order of 27 November 1942 approving the Regulations for the regime and award of military pavilions and houses.

Order of 15 August 1949 approving the Regulation on the regime and the award of air housing.

Order 4088/1964, of September 11, which approves the Building, Adjudication and Use of Housing Regulations under the property access regime promoted by the Patronato de Casas de la Armada.

Order 193/1973/1973, dated March 13, which approves the Housing Award and Use Regulations for the Navy's personnel on the ground.

Order 674/1980, of December 26, recognizing the right to keep housing on lease to pilots of Navy reactors destined for the Eighth Escuadrilla in Puerto de Santa Maria and Rota.

Order 28/1989, of March 28, for which rules are given to award certain military housing.

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

FINAL PROVISIONS

First.

The Minister of Defense is authorized to make any provisions necessary for the development and implementation of this Royal Decree.

Second.

The Ministry of Economy and Finance will make the necessary budgetary changes to comply with the provisions of this Royal Decree.

Third.

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 at December 20, 1990.

JOHN CARLOS R.

The Minister of Relations with the Courts and the Government Secretariat,

VIRGILIO ZAPATERO GOMEZ