The Royal Decree 1707/1982, of June 24, determines the rules and the procedure to which the transfers of functions and services of the State to the Principality of Asturias have to be adjusted.

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 fourth of the Statute of Autonomy for Asturias,

This Commission, after considering the appropriateness and legality of carrying out the transfers in the area of Architectural Heritage, Quality Control and Housing, adopted at its meeting on 23 June 1983, the An agreement of practical virtuality 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 for Asturias, on the proposal of the Ministers of Public Works and Urbanism and of Territorial Administration, after deliberation of the Council of Ministers at its meeting on 20 June 1984

DISPONGO:

Article 1. º The Agreement of the Joint Committee provided for in the fourth transitional provision of the Statute of Autonomy for Asturias, dated 23 June 1983, for which the State functions in the field of Architectural Heritage, Quality Control of the Building and Housing to the Principality of Asturias and the corresponding services and institutions and personal, material and budgetary resources necessary for the exercise of those.

Art. 2. No. 1. Consequently, the functions referred to in the Agreement, which are included as Annex I to this Royal Decree and which have been 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 Joint Committee's own agreement, 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 said Joint Committee, 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 budgetary appropriations 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 Hacienda to the concepts set out in section thirty-two, which are intended to finance the services undertaken by the Autonomous Communities, once they are referred to the Department by the Office of the Budget Office of the Ministry of Works Public and Urbanism the certificates of retention of credits, in order to comply with the provisions of The General Budget Law of the State for 1984.

Art. 5. The Present Royal Decree will enter into force on the same day as its publication in the "Official State Gazette".

Given in Madrid on June 20, 1984.

JOHN CARLOS R.

The Minister of the Presidency,

JAVIER OSSO DEL PRADO Y MUÑOZ

ANNEX I

Don Francisco Hernández Sayans and don Fernando Elias Gutiérrez, Secretaries of the Joint Commission provided in the transitional provision fourth of the Statute of Autonomy for Asturias,

CERTIFY:

The agreement on the transfer to the Principality of Asturias, the functions and services of the State, in the field of Architectural Heritage, Control of the State, was adopted at the Plenary Session of the Commission on 23 June 1983. Quality of the Building and Housing, in the following terms:

A) Reference to constitutional and statutory and statutory rules for the transfer.

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 to the State exclusive competence on the following matters:

(a) In the first number, in relation to Article 47, the regulation of the 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 Autonomy for Asturias establishes in its article 10.1 -b) and LL), which corresponds to the Principality of Asturias exclusive competence in matters of housing and monumental patrimony of interest to the Community Autonomous. On the basis of these constitutional and statutory provisions it is necessary to operate already in this field transfer of functions to the Principality of Asturias in matters of monumental patrimony, control of the quality 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 Principality of Asturias by the State:

(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 works of construction of public promotion and supervision of programs of control of the construction of private promotion, execution by itself or by approved laboratories, of the control of the building.

f) Management and resolution of grants to the Rural Housing Improvement Board, to the conservation of the heritage of local corporations and to 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 promotion 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 monumental heritage on which the Community of compliance with the corresponding Royal Transfer Decree.

j) Conservation, operation, entertainment or inspection of the lighting installations in monuments or monumental sets of the 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 Principality of Asturias, recipient of the same, the personal, material and budgetary means indicated in the relations to which in this agreement are made reference.

3. In order to ensure the development of public real estate management, the Institute for Public Promotion of Housing and the Principality of Asturias will define a system of collaboration with respect to the functions (i) This objective establishes a Joint Information Committee for Housing, whose members will be appointed by both parties and will establish their own working methodology with at least one quarterly meeting and a term of no 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) Wording and development, in the form of basic rules, of legal, technical and financial measures to protect the architectural heritage and the environment built, in general, of housing in particular, of the quality of the building and the 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 State Administration agencies, 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.

They will be developed in coordination between the Ministry of Public Works and Urbanism and the Principality of Asturias, 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 the entire building in the whole 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 Heritage of Local Corporations and loans to local corporations and their bodies management for public promotion.

(h) Distribution between the Autonomous Communities of the 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 the ratio 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 its rights and obligations on the 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 regularization of the legal situation and the registration of these real estate 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 the publication of the Royal Decree or approval of this 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 judgments delivered in proceedings initiated prior to the date of effectiveness of the transfer or in which, after that date, they are subject to the recognition of rights or situations (a) legal status, which is declared judicially perfected prior to it, provided that the State Administration is notified in time and form, for the purposes of which, in a working time, it can be duly personified.

Notwithstanding the foregoing, the State Administration will not assume the excess of urbanization burdens on those planned in the current planning, not contemplated 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 Principality of Asturias is subrogated in the legal position of the IPPV, in the contracts of amortization, lease, access to the property and sale, in respect of the dwellings, commercial premises and complementary buildings, promoted by the and detailed in the ratio number 1, paragraph 1.3. This subrogation assumes full and full ownership of the rights and obligations arising from these contracts by the Principality of Asturias. However, the IPPV assumes the economic obligations arising from the contractual regularisation, or, if applicable, from the writing and pending registration fees, of the real estate assets that are quoted, on the same terms as previous.

4. Land owned by the IPPV, either 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 regularization 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 carried out by the State Administration in the which exceeds the resources for the coverage of the actual cost.

5. From the effectiveness of the transfers, the Principality of Astucias is subrogated in the rights and obligations arising from the contracts of works, supplies and services and conventions of any nature, which are determined in the relation 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 the administration of the bonds and bonds of bonds corresponding to real estate or supplies provided in the territory of the Principality of Asturias. The Autonomous Community shall, on a regular basis, deal with the individual returns that are requested, both in terms of bonds and any negative balances of bonds deposited with the IPPV. The State Administration shall pay the amount of such refunds to the Autonomous Community through annual liquidation.

F) Staff assigned to the services and institutions that are transferred.

1. The staff assigned to the services and institutions transferred and referred to nominally in the attached relationship number 2 shall become dependent on the corresponding Autonomous 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. The competent authorities of the Principality of Asturias shall also be sent a certified copy of all the files of this staff, as well as the certificates of haberes, relating to the amounts due during 1983, by the State Administration to modify the organic and budgetary templates according to the operated transfers.

G) Job vacancies that are moved.

The vacant job positions that are budgeted for 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 endowment budget.

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

1. The net assumed burden, which, according to the liquidation of the budget of these for 1982, corresponds to the services which are transferred to the Community, is definitively raised to 345,888,000 pesetas, according to detail in the ratio 3.1.

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

Budget allocations for cash cost coverage, 451,339,000 pesetas.

Collection provided for by fees, taxes, etc., 291.606,000 pesetas.

These allocations and resources are updated in accordance with the 1984 General Budget of the State in the attached ratio 3.2.

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

3.1 Transiently, until the corresponding Law on Participation in the Tax of the State enters into force, through the consolidation 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 in

..................................................... thousands of

..................................................... pesetas 1982

a) Gross costs:

Personnel Expenses ................................. 140.639

Operating Expenses ............................ 59.968

Investments for conservation, improvement and replacement. 414.392

Total ............................................... 614,999

b) To deduce:

Annual collection for fees and other income ........ 269.111

The possible differences which occur during the transitional period referred to in paragraph 3.1. with regard to the financing of the services transferred, shall be subject to regularisation at the end of each financial 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 transferred services and the resolution of those who are in the process will be carried out in accordance with the provisions of article 8. of Royal Decree 1707/1982, of 24 of June.

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 20, 1984.-The Secretaries of the Joint Commission, Francisco Hernández Sayans and Fernando Elias Gutiérrez.

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, for which the Regulations of Housing of Official Protection are adopted.

Decree 2960/1970 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 the Building.

(VIEW PAGES 21497 TO 21510)