The Royal Decree 4015/1982, of 29 December, determines the rules and the procedure to be followed by the transfer of functions and services of the State to the Valencian Community.

In accordance with the provisions of the Royal Decree cited, which also regulates the operation of the Joint Commission provided for in the transitional provision of the Statute of Autonomy of the Valencian Community, this Commission, After considering the desirability and legality of carrying out the transfers in matters of architectural heritage, control of the quality of buildings and housing, at its meeting of 27 June 1983, it adopted the appropriate agreement, the virtuality of which It requires its approval by the Government through Royal Decree.

In its virtue, in compliance with the provisions of the transitional provision fourth of the Statute of Autonomy of the Valencian Community, on the proposal of the Ministries of Public Works and Urbanism and of Territorial Administration, After the Council of Ministers had been deliberated at its meeting on 18 July 1984, I have:

Article 1. The agreement of the Joint Committee provided for in the fourth transitional provision of the Statute of Autonomy of the Valencian Community of 27 June 1983 for the transfer of State functions in the field of heritage is approved architectural, quality control of the building and housing in the Autonomous Community of Valencia, and the corresponding services and institutions and personal, material and budgetary means necessary for the exercise of those.

Art. 2.1. Consequently, the functions referred to in the agreement included as Annex I to this Royal Decree and transferred to the same services and goods, rights and obligations, as well as the staff and budgetary appropriations which are included in the relations attached to the agreement of the Joint Committee, in the terms and conditions specified therein.

2. Annex II to this Royal Decree sets out the legal provisions affected by this transfer.

Art. 3. The transfers referred to in this Royal Decree shall be effective from the day indicated in the agreement of the aforementioned Joint Commission, without prejudice to the production of the Ministry of Public Works and Urbanism until the entry into force of this Agreement. Royal decree, the administrative acts necessary for the maintenance of the services in the same regime and level of operation that they had at the moment of the adoption of the agreement that is transcribed as Annex I of the present Royal decree.

Art. 4. The budget appropriations which are detailed in relations 3.2, updated in accordance with the general budget of the State for 1984, will be discharged from the concepts of origin and transferred by the Ministry of Economy and Finance. to the concepts set out in Section 32, which are intended to finance the services undertaken by the Autonomous Communities, once they are referred to the department cited by the Office of the Budget Office of the Ministry of Public Works and Urbanism the certificates of credit retention, in order to comply with the provisions of the Law of General budget of the State for 1984.

2. The credits not included in the valuation of the effective cost will be delivered directly by the Ministry of Public Works and Urbanism, and Autonomous Bodies affected, to the Autonomous Community of Valencia, whichever is the final recipient. the payment, so that the Autonomous Community is able to have the funds in advance necessary for the effectiveness and the corresponding provision within the same time limit as it was produced.

Art. 5. This Royal Decree will enter into force on the day of its publication in the Official Journal of the State.

Given in Madrid to July 18, 1984.-JUAN CARLOS R.-The Minister of the Presidency, Javier Moscoso del Prado and Muñoz.

ANNEX I

Don G. P. De D. and Dona M. B. B. P., Secretaries of the Joint Committee provided for in the transitional provision of the Statute of Autonomy of the Valencian Community, certify:

The agreement on the transfer to the Valencian Community of the functions and services of the State in the field of architectural heritage, control of the Community, was adopted at the plenary session of the Commission on 27 June 1983. quality of the building and housing, in the following terms:

A) reference to constitutional and statutory and legal norms in which transfers are protected.

The Constitution, in Article 148, 1, 3. establishes that the Autonomous Communities may assume jurisdiction in matters of housing, and in Article 149, 1, reserves exclusive competence to the State on the following matters:

(a) In the first number, in relation to Article 47, the regulation of basic conditions that guarantee the equality of all Spaniards in the exercise of the right to enjoy decent and adequate housing.

b) In the eleventh number, the credit order bases.

c) In the thirteenth number, the bases and coordination of the overall economic activity planning.

For its part, the Statute of the Valencian Community establishes, in Article 31, 5 and 9, that it is for the Valencian Community to have exclusive jurisdiction in matters of housing and architectural heritage of interest to the Community. Autonomous Community. On the basis of these constitutional and statutory provisions, it is necessary to operate in this field the transfer of functions to the Valencian Community in terms of architectural heritage, quality control of the building and housing.

B) functions of the State that the Autonomous Community assumes and the identification of the services that are transferred.

1. The following functions were transferred to the Valencian Community by the State Administration:

(a) Elaboration of the own regulations on housing and inspection of compliance with state and regional regulations, as well as the processing and resolution of administrative files resulting from its infringement.

b) Programming, control and monitoring of official protection housing in the autonomous territorial area.

c) Public promotion of official protection housing, as well as the acquisition and management of land for this purpose in the autonomous area, both direct and entrusted to the state companies.

d) Control and qualification of houses of official protection, of private promotion, through the application of the corresponding basic state and regional regulations.

e) Programming of the actions of quality control of construction works of public promotion and supervision of programs of control of private promotion, execution by itself, or by approved laboratories, quality control and the promotion of the quality of the building.

f) Management and resolution of grants to the Rural Housing Improvement Board for the conservation of the assets of local corporations and for the protection of housing.

g) Management and resolution of files related to the granting of personal economic aid in the autonomous area, in accordance with the regulations and procedures established by the State and the Autonomous Community.

h) Constitution and participation in societies of autonomy for the phromover of houses of official protection.

i) Basic studies and rehabilitation management of urban and rural areas and adoption of conservation and improvement measures for the real estate park, as well as the architectural heritage on which the Community of compliance with the Royal Decree of transfers.

j) Conservation, entertainment and inspection of lighting installations in monuments or monumental sets of architectural heritage.

k) Conventions with local corporations and their management bodies as a form of public promotion.

2. For the effectiveness of the related functions are transferred to the Valencian Community, receiving them, the personal, material and budgetary means indicated in the relations to which in this agreement are referred.

3. In order to ensure the development of public real estate management, the Institute for the Public Promotion of Housing and the Valencian Community will define a system of collaboration with respect to the functions transferred. To this end, a Joint Housing Information Commission is established, whose members will be appointed by both parties and will establish their own working methodology with at least one quarterly meeting and a period of not less than one year.

C) Services and functions reserved by the State Administration.

The following functions will remain in the Ministry of Public Works and Urbanism:

(a) Statement and development, in the form of basic rules, of legal and financial measures for the protection of the architectural heritage and of the environment built, in general, of housing in particular, of the quality of the building and high inspection.

b) Bases and coordination of the housing sector, linked to the general planning of economic activity, to the management of credit and to the granting of tax benefits.

c) State public promotion of housing to the Patronates of the Armed Forces, Civil Guard, National Police and state officials, as well as the exercise of actions directly derived from the needs of the Central administration and emergency actions, without prejudice to the necessary cooperation with the Autonomous Community.

d) The elaboration and supervision of projects for the execution of works for agencies of the State Administration, as well as the adoption of conservation measures and improvement of the architectural heritage that depends on it, and the actions in relation to the buildings of the State's heritage.

e) Establishment and approval of quality control testing procedures.

f) Approval of stamps and quality marks.

g) The technical management of the professions linked to building and architecture.

D) Functions in which the State Administration and the Autonomous Community are to participate and the form of cooperation.

It is developed in coordination between the Ministry of Public Works and Urbanism and the Valencian Community, in accordance with the mechanisms that in each case point out, the following functions:

(a) Planning, monitoring, financing and statistics of the subjects transferred, in accordance with the provisions provided by the Autonomous Communities, and, where appropriate, in accordance with the rules governing the national assembly.

(b) Development and promotion of research in matters which are carried out and actions aimed at the information and dissemination of these subjects.

c) Cataloging and inventory of the monuments and possible measures of action in them.

(d) Actuations of the quality control bodies of the building of the Autonomous Communities and training of the appropriate personnel.

e) Elaboration of indicative models for the functioning of building quality control organizations in the Autonomous Communities, including the definition of the means necessary for the organization of a level implantable to the whole of the building throughout the nation.

f) Monitoring and approval of laboratories for the quality of the building.

g) Distribution between the Autonomous Communities of grants to the Rural Housing Improvement Board and for the conservation of the assets of local corporations and loans to local corporations and their bodies management for public promotion.

(h) Distribution, among the Autonomous Communities, of aid for the protection of housing.

i) Registration of Entities that develop their activity in the subject matter of the transfer.

E) Goods, rights and obligations of the State that are transferred.

1. The premises and buildings, where appropriate, which occupy the services which are transferred and which are listed in relation number 1, paragraphs 1.1 and 1.4 *. The movable property concerned with such services shall be detailed in inventory together with the corresponding transfer minutes.

2. The ownership, with all the rights and obligations on housing, commercial premises and complementary buildings, owned by the IPPV, in the territory of the Autonomous Community indicated in relation 1, paragraph 1.3 *. The IPPV assumes the economic obligations arising from the regulation of the legal situation and the registration of those immovable property and the land in which they settle. This obligation shall include the costs of protocolization and writing, and shall be valid for a period of two years from the date of publication of the Royal Decree approving the present agreement. The compensation for these economic obligations shall take the route of the IPPV transfer to the Community and shall be carried out on a quarterly basis to the balance of regularisation operations executed by the Community on an expired quarter.

The IPPV will also take over all existing known obligations prior to the transfer date and will be charged by the State Administration with the cost of compliance and enforcement by the Community. Stand alone of the judgments delivered in proceedings initiated before the date of effectiveness of the transfer or in which, after that date, the object of the transfer is the recognition of rights or situations (a) legal status which is legally established prior to it, provided that it is notify the State Administration in time and form, for the purposes that, in a working time, it can be properly personified.

Notwithstanding the foregoing, the State Administration will not assume the excess of urbanization burdens on those planned in the current planning, not to be included in the execution and urbanization projects that may be required. at the time of the reception of the urbanisation works of the public promotion polygons.

3. The Valencian Community is subrogated in the legal position of the IPPV in the contracts of amortisation, leasing, access to property and sale, in relation to the housing, commercial premises and complementary buildings, promoted by the and detailed in the ratio number 1, paragraph 1.3 *. Such subrogation assumes full and full ownership for the Valencian Community of the rights and obligations arising from such contracts. However, the IPPV assumes the economic obligations arising from the contractual regulation or, if applicable, from the writing and pending registration fees, of the real estate that is quoted, on the same terms as previous.

4. Land owned by the IPPV either is residential polygons of housing groups or any other sites in the territory of the Community, as attached to Annex 1, paragraph 1.2 *. However, with the same criteria as in the case of the built-in heritage, the IPPV assumes the economic obligations arising from the regulation of the legal and registration status of these lands.

The compensation for the expropriatory files, linked to the means transferred and initiated prior to the date of entry into force of the transfer, will be the responsibility of the State Administration in the part exceeding the resources for the coverage of the actual cost.

5. From the effectiveness of transfers, the Valencian Community is subrogated in the rights and obligations arising from the contracts of works, supplies and services and agreements of any nature, which are determined in the ratio number 1, paragraphs 1.5 and 1.6 *, as well as the participation of the IPPV in the different Compensation Boards in which it is present, both in terms of soil and building, and which are related in the corresponding transfer minutes, if any.

6. The ownership and administration of finances and financial concerts corresponding to real estate or supplies provided in the territory of the Valencian Community. The Autonomous Community shall, on a regular basis, deal with the individual returns that are requested, both in finance and any negative balances of financial concerts deposited with the IPPV. The State Administration shall pay the amount of such refunds to the Autonomous Community by way of annual clearance.

F) Staff assigned to the Services and Institutions that are transferred.

1. The staff assigned to the services and institutions transferred and which are normally referred to in the attached relationship number 2 * will become dependent on the Valencian Community in the terms legally provided for by the Statute of Autonomy and the other rules in each applicable case, and in the same circumstances as specified in the attached relationship, and with their Personnel Registration number.

2. The Secretariat of the Ministry of Public Works and Urbanism will notify those interested in the transfer to their new administrative situation, as soon as the government approves this agreement by Royal Decree. A certified copy of all the files of such staff transferred, together with the certificates of holding, relating to the amounts due in 1983, shall also be forwarded to the competent authorities of the Valencian Community. by the State Administration to modify the organic and budgetary templates according to the operated transfers.

G) Job vacancies that are moved.

The vacant positions allocated to the budget are those that are detailed in the attached relationships number 2 *, with indication of the Body or Scale to which they are attached or assimilated, organic level and corresponding budget allocation.

H) Final assessment of the financial burdens of the services transferred.

H. 1 The net assumed charge which, according to the liquidation of the budget of 1982, corresponds to the services which are transferred to the Community is definitively raised to 239,425,000 pesetas, according to detail in the ratio number 3.1 *.

H. 2 The financial resources which have been allocated to cover the costs incurred in the performance of the services being carried out during the 1983 financial year have included the following allocations:

Budget allocations for cash cost coverage: 721.600,000 pesetas.

Expected collection by fees, taxes, etc.: 480,051,000 pesetas.

These allocations and resources are updated in accordance with the general budget of the State of 1984 in the attached ratio 3.2 *.

Investments outside the effective cost described in the ratio 3.3.

H. 3. The effective cost is detailed in the assessment tables 3.1, and will be financed in future years as follows:

H. 3.1 Transiently, until the corresponding Law on participation in State taxes comes into force, through the consolation of Section 32 of the General Budget of the State of the appropriations relating to the different components of the effective cost, due to the amounts indicated, which can be updated by the general mechanisms in each Budget law:

* Credits thousands pesetas 1982 *

a) Gross costs: * *

Staff expenses * 209,689 *

Operating Expenses * 66,857 *

Investments for conservation, improvement and replacement * 406.588 *

Total * 683.134 *

b) To deduce: * *

Annual rate collection and other income * 443,709 *

Total * 239.425 *

The possible differences that occur during the transitional period referred to in paragraph H. 3.1, with respect to the financing of the services transferred, will be subject to regulation at the close of each economic year by means of the presentation of the relevant accounts and supporting statements to a settlement committee to be set up in the Ministry of Economy and Finance.

I) Documentation and records of the Services being transferred.

The delivery of the documentation and files of the Services transferred and the resolution of those who are in the process will be carried out in accordance with the provisions of article 8 of the Royal Decree 4015/1982, of 29 of December.

J) Date of effectiveness of transfers.

The transfer of functions and resources covered by this agreement will be effective from 1 January 1984.

And for the record, we issued this certification in Madrid on June 27, 1983.-The Secretaries of the Joint Commission, G. P. De D. and M. B. B. P.

* The inclusion of this relationship is omitted.

ANNEX II

Legal precepts affected by the transfer.

Royal Decree 2093/1979 of 3 August, approving the organic rules of the Ministry of Public Works and Urbanism.

Royal Decree 3577/1982, of 15 December, amending the organic structure of the Ministry of Public Works and Urbanism.

Decree 2131/1963 of 28 July, approving the recast and revised text of the legislation on housing for official protection.

Decree 2114/1968 of July 24, on the approval of the Regulations on Housing of Official Protection.

Decree 2960/1976 of 12 November, approving the recast of the legislation on housing for official protection.

Royal Decree 1875/1981 of 3 July, approving the organic standards of the Institute for the Public Promotion of Housing.

Decree 3546/1975 of 5 December, introducing certain modifications to the functions and structure of the Institute for the Quality of Edification.