I

The constitutional guarantee of the enjoyment of decent and adequate housing, as the shared responsibility of all public authorities, has been trying for the last few years, through different policies, among the which, those corresponding to the tax area and public aid for the purchase of free, or protected, housing have had a wide impact.

State aid was regulated in successive State housing schemes and, without prejudice to some minor singularities, maintained over time a unitary and constant character, both in its design and in its design. content. For their part, the Autonomous Communities and Cities of Ceuta and Melilla, in their own field of competence, have established additional or new aid, which complemented the broad spectrum of public housing aid.

State action in this field has been translated into successive housing schemes from 1981 to 1983 (Royal Decree 2455/1980 of 7 November 1984), 1984-1987 (Royal Decree 3280/1983 of 14 December 1983), 1988-1992 (Royal Decree 1494/1987, 4 December 1992-1995 (Royal Decree 1932/1991 of 20 December 1991), 1996-1999 (Royal Decree 2190/1995 of 28 December 1995), 1998-2001 (Royal Decree 1186/1998 of 12 June 1998), 2002-2005 (Royal Decree 1/2002 of 11 January 2002) and 2005-2008 (Royal Decree 801/2005 of 1 July 2005).

The last of these plans is the 2009-2012 State Housing and Rehabilitation Plan, approved by Royal Decree 2066/2008, of December 12.

All these plans have common elements: they encourage the production of a growing volume of housing, they are based on the occupation of new soils and on the growth of the cities and they bet, above all, on the property as a form essential for access to housing and establish a very long-term reference base for housing policy instruments designed at a time that is significantly different from the current ones.

economic and financial crisis affecting our country, which is particularly serious in the housing sector, today shows the need to reorient policies in this area. In fact, after a long period of time producing a large number of homes, a significant stock of new and unsold housing (around 680,000 homes) has been generated, which contrasts with the difficulties of the citizens, especially of the most vulnerable sectors, for access to housing, for the precariousness and weakness of the labour market, to which the restriction of the financing coming from the credit institutions is attached.

In parallel, the housing rental market in Spain is very weak, especially when compared to that of the countries in our environment. According to the data from the last available census, rent means in Spain, 17%, compared to 83% of the main housing market on property. In Europe, in average percentages, the main housing market for rent represents 38%, compared to 62% of housing on property.

The economic, financial and social reality prevailing in Spain today, advises a change of model that balances both forms of access to housing and that, in turn, promotes mobility that calls for the necessary reactivation of the labour market. A change of model that seeks the balance between the strong promoter expansion of the last few years and the insufficient maintenance and conservation of the already constructed real estate park, not only because it constitutes a fundamental pillar to guarantee the quality of life and the enjoyment of an adequate urban environment on the part of all citizens, but also because it offers a broad framework for the reactivation of the construction sector, the generation of employment and energy saving and efficiency, in in line with the requirements of the European directives in this field. All this in a framework of budgetary stabilization that makes it necessary to make the most of the scarce resources available.

In this context, the new Plan aims to address the current difficult problem, by making use of aid for purposes that are considered to be a priority and of essential attention, and encouraging the private sector to sustainability and competitiveness, and with innovative solutions and helplines, can revive the construction sector through rehabilitation, regeneration and urban renewal and contribute to the creation of a more extended than the current one.

II

The ideas set forth inspire the government's general policy and have already translated into major legislative initiatives, such as the Housing Rental Easing And Promotion Measures Act and the Preliminary Draft Law on rehabilitation, regeneration and urban renewal, both currently being processed. These initiatives are part of this Plan of the Spanish Government's National Reform Programme and will contribute to boosting the growth and competitiveness of the Spanish economy. In coherence with them, the new Plan aims to arbitrate an innovative system of incentives, always from the austerity and efficiency that is necessarily prevailing today, that will contribute to the achievement of the objectives of these legislative reforms and the reactivation of the real estate sector, with particular attention to the satisfaction of the housing needs of the most vulnerable social groups.

The plan's time horizon is four years, assuming the prudent caution of not conditioning future housing policies for economic commitments that are generated in times past and that respond to past objectives.

The new Plan assumes that its success will depend, in good measure, on its ability to generate activity and employment, that is, its capacity to multiply every euro invested in wealth and welfare for the country. I would also like to say that I have to say that. In this regard, the Government will actively seek to supplement the aid provided for in the Plan with measures of another nature, in particular fiscal policy and the search for adequate financing routes that can facilitate the effective implementation of the plan. of the actions supported by the Plan.

In terms of its substantive objectives, the social vocation of the new plan must be emphasized, with a strong focus on the satisfaction of the priority needs of the citizenry. To this end, special emphasis is placed on the promotion of rent, as one of the most appropriate formulas for the satisfaction of these needs. On the other hand, the conditions of access to credit today are not equal to those of the past, especially for people with lower incomes.

The rental aid has been designed to be more equitable than other previous programmes and reach those who really need them, without excluding a priori from their age or other circumstance to anyone who needs the help of the State. Such aid:

• They are awarded on the basis of income. They therefore have as potential beneficiaries all the groups that need this aid, on the basis of a universal and objective criterion, such as income.

• They are calculated according to the income of the unit of coexistence, not of the individuals. Therefore, the situations of co-living units receiving aid, having been contemplated, only, the income of the one who subscribes to the lease and not the one of the entire unit of coexistence.

• Limit the amount of rent that is financed, avoiding the grant of high rents, which is not justified to fund the State.

• Finance a ratio of rent, without allocating a fixed amount, to avoid situations of generating additional rents higher than those of the rent itself.

In addition, the Plan contemplates the implementation of a new program, which seeks to commit public administrations to the generation of a public housing stock that can be used to create a rental offer. The aim of this programme is to ensure that all the administrations are responsible and to add the grant to the construction of the dwellings, which is expressly established, other contributions, in particular, that of the land or building to be rehabilitated. In the case of the preferentially municipal land, and the additional aid to be provided by the Autonomous Communities and Cities of Ceuta and Melilla, additional aid to the State whose existence conditions the viability of the programme. The houses thus constructed would allow, in particular, to provide a solution for the most extreme cases, those in which it is not achieved, among all the members of the household, not even a minimum threshold of income, linking this possibility of In the case of social services, it helps to rent with social services, so that access to housing is a part of a comprehensive treatment, an important part of which is, but not the only part, which is reinforced by social and social services. greater effectiveness of public intervention is achieved.

The agreed loan subsidy program maintains the agreed loan subsidization aid. The growing difficulty of families in order to face the fulfillment of the obligations of the mortgage loans that they signed for the acquisition of a protected dwelling, which is manifested for example, in the cases of execution This is the only way to ensure that the benefits of this aid are paid to all those families who have come to the country. This effort is also consistent with Royal Decree-Law 6/2012 of March 9 of urgent measures to protect mortgage debtors without resources.

The Plan's other programs revolve around rehabilitation and urban regeneration and renovation. These programmes are designed with the aim of enabling aid to be incorporated in the context of buildings, neighbourhoods and the city itself, which is considered as a whole, in order to be able to enter into the context of the buildings. significant impact on the potential beneficiaries of those who cease to be the owners, individually considered in their capacity as homeowners, to give that role to the owners ' communities, groups of communities of owners and other agents of similar characteristics; something that will certainly speed up management. The special nature of these grants requires that this Royal Decree, as its own regulatory regulations, establish limitations to the exception provided for in Article 13.2 of Law 38/2003 of 17 November, General de Grants, in general.

In addition, these actions for the rehabilitation of buildings and urban regeneration and renovation, which directly affect the saving and energy efficiency of housing, are a central element in the effort made by the setting up a low-carbon economy based on the objectives of the government and with the European Union's forecasts and policies, which will help to reduce the energy bill for families and the country as a whole, how to reduce greenhouse gas emissions.

III

The objectives of the Plan are, in summary:

• Adapting the system of support to current social needs and the scarcity of available resources, focusing on two axes (promoting the rental and promotion of rehabilitation and regeneration and urban renewal).

• Contribute that mortgage debtors for the acquisition of a protected housing can meet the obligations of their mortgage loans.

• Reinforcing interadministrative cooperation and coordination, as well as promoting co-responsibility for funding and management.

• Improve the quality of the building and, in particular, its energy efficiency, its universal accessibility, its suitability for the collection of waste and its due conservation. To ensure that the waste generated in the building and regeneration and urban renovation works is properly managed in accordance with Royal Decree 105/2008 of 1 February, which regulates the production and management of construction and demolition waste.

• Contribute to the reactivation of the real estate sector, from the two main elements: the promotion of rental and support for the rehabilitation of buildings and urban regeneration.

To achieve your goals, the Plan is structured in the following Programs:

1. Agreed loan subsidy program.

2. Housing rental assistance program.

3. Rental housing public park promotion program.

4. Program to promote building rehabilitation.

5. Programme to promote urban regeneration and renovation.

6. Support programme for the implementation of the building assessment report.

7. Programme for the promotion of sustainable and competitive cities.

8. Program to support the implementation and management of the Plan.

The name of these programs is sufficiently expressive of their objectives. It should be noted, for its novelty and for the innovation and demonstration effect it pursues, the programme for the promotion of sustainable and competitive cities. Although it is not the most important in quantitative terms, it is one of the most innovative of the Plan from the qualitative point of view, since it is aimed at promoting projects capable of achieving a special visibility and impact on the potentialities that can generate the operations of building rehabilitation, regeneration and urban renewal or that are particularly innovative. These actions will also have a positive impact on the tourism sector as an essential lever for the economic development of Spain, enabling action on certain tourist destinations.

The management of the aid of the Plan will correspond, as in the previous ones, to the Autonomous Communities and Cities of Ceuta and Melilla. The collaboration between them and the Ministry of Development will be implemented through the corresponding Conventions, in which the forecast of amounts to be provided in each annuity by the General Administration of the State, as well as the commitments to co-finance the actions to be taken by the Autonomous Community or Cities of Ceuta and Melilla. In contrast to the previous plans and to promote co-responsibility in this Plan, preference is given to co-financed actions. The bilateral monitoring committees shall ensure that the agreed upon are properly complied with.

Private collaboration is encouraged by different paths. First of all, by means of the possibility for the competent authority of the Autonomous Community or City of Ceuta and Melilla to act by means of collaborating entities, subject to the subscription of the relevant management agreement, in which the tasks entrusted shall be detailed. Secondly, to channel its intervention in the implementation of the actions of rehabilitation, regeneration and urban renewal, by any title and, in particular, through the contracts of transfer, permuse or lease and the agreements of exploitation to this effect, by attributing to private individuals who are involved in these broad actions and the condition of collaborative urban entities.

In short, it is a congruent plan that serves to support the legislative reforms that the government is promoting in this area, which is a change in the model of housing policy, which reorients the goals and The Commission has been able to make the most of the resources available in the social sectors most in need, in a framework of cooperation and effective co-responsibility of public administrations and private actors, all involved in the effective implementation of one of the basic content the social and economic policy of the State, as is the right to enjoy a decent and adequate housing, while contributing to the employment, growth and competitiveness of the economy and environmental sustainability.

IV

As closing elements, the additional provision first establishes a consistent regime of operation of the new Plan, which allows for the non-transfer of funds from the new Plan, except that the Autonomous Community or Cities of Ceuta and Melilla are aware of the justification for the application and payment of all the amounts already transferred in the implementation of previous State Housing Plans. This measure is complemented by the second provision, which allows the General Administration of the State to make the corresponding compensation, where there is a duty of reimbursement to be met by the Autonomous Communities and Cities of Ceuta and Melilla and a transfer obligation to the Ministry of Public Works, allowing the Ministry to operate in cases belonging to different Plan Programmes, and even to different Plans of Housing.

The third additional provision describes the dwellings that will henceforth be considered protected housing for the purposes of the state regulations and in their autonomous case. This is without prejudice to the maintenance of the regime of the different protected housing now existing under its relevant regulatory regime.

The fourth and fifth additional provisions, as in previous State Housing Plans, regulate the relative to new possibilities of change of qualification from "sheltered housing for sale" to "sheltered housing for rent" and vice versa, as well as disqualification.

The sixth additional provision regulates the extension of the period of absence of certain loans to promoters of protected housing for sale. The seventh additional provision, for its part, regulates the possible interruption of the repayment period for certain agreed loans also granted to protected housing promoters. In both cases, measures that are free of charge for public administration can help those who find themselves in difficulty.

The eighth additional provision echoes the preference that the region of Murcia will establish to help alleviate the effects of the earthquake in Lorca on 11 May 2011.

The additional ninth provision specifies the concepts and denominations used in the Royal Decree.

The additional tenth provision refers to the effectiveness of the aid lines of this Royal Decree to the publication in the "Official State Gazette" of an Order of the Ministry of Public Works.

The additional eleventh provision determines the time limit for the granting of the regulated aid in the Plan.

The additional twelfth provision reduces the required period of repayment period for assumptions of unemployed acquirers who require a temporary interruption of the payment of the mortgage loan fees.

The unique repeal provision repeals how many provisions of equal or lower rank are opposed to what was established in this royal decree.

The final provisions address, as is often the case, the jurisdiction of the competent authorities of the State, the right to issue the implementing and implementing provisions which are deemed to be precise, and the entry into force of the in force of the actual decree itself.

Finally, the standard is accompanied by an Annex I and an Annex II containing the glossary of concepts used in this Royal Decree and the Type Model of the building assessment report, which is referred to in different articles and that it is one of the most significant innovations of the new State Plan, because it incorporates the analysis of the same ones from the double perspective of accessibility, energy efficiency and conservation status.

In the elaboration of this royal decree, the autonomous communities, the Spanish Federation of Municipalities and Provinces, and the associations and organizations most representative of the sector have been consulted.

This standard has been reported by the Government's Delegation for Economic Affairs.

In its virtue, on the proposal of the Minister of Public Works, and after deliberation of the Council of Ministers at its meeting of April 5, 2013,

DISPONGO:

CHAPTER I

General provisions

Article 1. Purpose and legal status.

1. This royal decree is intended to regulate the State Plan for the Promotion of Rental Housing, the Rehabilitation Rehabilitation and Urban Regeneration and Renewal, 2013-2016.

2. The aid provided for in this State Plan consists of grants of agreed loans and grants to promote access to housing for rent to sectors with economic difficulties, to the promotion of a public rental housing, the rehabilitation of buildings and the regeneration and renovation of urban areas, the implementation of the building assessment report and the promotion of sustainable and competitive cities.

3. The granting of the aid will be governed by the provisions of this royal decree and the provisions that may be given in its development or execution, as well as by the provisions of Law 38/2003 of 17 November, General of Grants, in the Regulation that develops it, and in the autonomous regulations that, in each case, results from application.

Article 2. Eligible actions and situations. Plan Programs.

1. The actions to be carried out in any of the programmes in which the Plan is structured shall be eligible, provided that they comply with the requirements for each of them, and within the available resources. existing budget:

1. Agreed loan subsidy program.

2. Housing rental assistance program.

3. Program to promote the public park of housing for rent.

4. Program to promote building rehabilitation.

5. Programme to promote urban regeneration and renovation.

6. Support programme for the implementation of the building assessment report.

7. Programme for the promotion of sustainable and competitive cities.

8. Program to support the implementation and management of the Plan.

2. The procedure for granting the aid, within the available credit, shall be made on the basis of competitive competition or direct grant in accordance with the provisions of Article 22 of Law 38/2003 of 17 November, in the light of the the aid programme in question, except in the case of the corresponding subsidised loans, in the form of the maintenance of existing loans.

3. Objective criteria for granting the grant are the requirements, selection criteria and prioritisation, which are generally established in this Chapter and those provided for in the corresponding programme.

Article 3. Management of the aid of the Plan. Collaboration agreements of the Ministry of Development with the Autonomous Communities and with the cities of Ceuta and Melilla.

1. It is for the competent bodies of the Autonomous Communities and Cities of Ceuta and Melilla, the processing and resolution of the procedures for the granting and payment of the aid for the scheme, as well as the management of the payment of the grants, has recognised, for these purposes, the beneficiaries ' right to obtain them, subject to the conditions and limits set out in this royal decree for each programme, and as agreed in the relevant collaboration agreements.

2. The Ministry of Public Works and the Autonomous Communities and Cities of Ceuta and Melilla will sign the corresponding collaboration agreements, for the implementation of the Plan, whose duration will coincide with the validity of the Plan.

3. In the collaboration agreements, the extremes provided for in Article 16 of Law 38/2003 of 17 November, and necessarily:

(a) The forecast of quantities to be provided, in each annuity, by the Ministry of Development and the commitments of co-financing of the actions to be taken by the Autonomous Community or Cities of Ceuta and Melilla.

In the case of co-financing under the ERDF Operational Programmes (European Regional Development Fund), the contribution of the ERDF to the actions of the Plan will be collected, as will all of the those aspects required by Community legislation to ensure its eligibility and control.

b) Commitments on the management of the Plan, expressing the instruments and measures to be adopted by each Administration for its implementation.

c) Mechanisms for monitoring and control of actions, and for communication and information between the two administrations, including the possible implementation of shared-use IT systems.

(d) The overall strategic plan that the Autonomous Community or Cities of Ceuta and Melilla propose, in relation to the implementation of the different programmes of the Plan, with an estimate of the number of actions to be financed annually.

e) The commitments of mutual information between the two administrations on the actions financed by the Plan, as well as the information commitments of the Autonomous Communities and Cities of Ceuta and Melilla, with respect to the action by the collaborating entities involved in the management of the Plan and the requests for funding received and processed.

(f) The creation of the corresponding bilateral monitoring committee, which will be chaired by the head of the Directorate-General for Architecture, Housing and Soil, being vice-president, who appoints the competent body of the Autonomous Communities and Cities of Ceuta and Melilla.

The bilateral monitoring commission will ensure the appropriate implementation of the agreed upon, and may agree to readjustment in the actions initially planned in the different programmes, as well as other adjustments that would result necessary, for the modifications that could be made in the financing of the Plan, respecting always the general framework established in the collaboration agreement and without the reorders to be agreed, they can suppose an increase of the budget allocations to be provided by the Ministry of Public Works, or extend beyond the exercise 2016.

4. In collaboration agreements and in the agreements of bilateral monitoring commissions, it may be possible to regulate and implement the use of data bases or shared-use IT applications, for the purpose of providing information between the various administrations involved in the implementation of the plan. In no case shall the information collected from the tax administration be incorporated into such databases or computer applications in accordance with the provisions of this Royal Decree.

5. The resolutions adopted by the Autonomous Communities and Cities of Ceuta and Melilla in the management of the aid of the Plan shall be subject to the appropriate review and challenge regime, taking into account the legislation of the public administrations and the common administrative procedure and, where appropriate, the rules of each Autonomous Community.

6. In order to finance the actions referred to in the programmes for the promotion of urban regeneration and renovation and the promotion of the public housing stock for rent, it will be necessary to conclude specific agreements with the Autonomous Communities and Cities of Ceuta and Melilla, with the participation of the Ayculos in whose municipal term it will act. These agreements will take place within the framework of the bilateral monitoring committees for the Plan.

Article 4. Public-private Collaboration.

1. According to the provisions of Law 38/2003 of 17 November, General of Grants, and with the objective of attracting private financing to the implementation of the Plan, by the administrations competent for its implementation and management will be sought in the (a) to a greater extent possible to act through collaborative entities, or through other forms of public-private partnership.

2. In the programmes of building rehabilitation and urban regeneration and renovation, especially those actions in which the participation of the business sector, with own funds, will guarantee its greater economic viability. The mechanisms by which public administrations may be associated, and private or legal persons, for the purposes of joint cooperation in these areas, shall be specifically referred to in Chapter VII of this Royal Decree.

Article 5. Financing of the Plan.

1. The Council of Ministers, at the initiative of the Ministry of Public Works, and on a proposal from the Government's Delegation for Economic Affairs, will authorize the maximum amounts of state expenditure that can be achieved by the Plan, as a whole and by annuities.

Annual budget allocations will be subject to compliance with the non-financial spending limit provided for in the General Budget Law, in any case the limit for the commitments to be made.

2. The financing of the Plan will be carried out with the allocations to be entered in the General Budget of the State, each year, without prejudice to the additional contributions that the Autonomous Communities and Cities of Ceuta and Melilla, as well as local corporations.

In case the actions are co-financed under the ERDF Operational Programmes, the agreements provided for in Article 3 may provide for the direct allocation of the aid to the Ministry of Public Works. of the ERDF to the Autonomous Communities and Cities of Ceuta and Melilla, on the understanding, for these purposes, as being equivalent to the consignations in the General Budget of the State, to the effect of what was established in this royal decree.

3. Among the different programmes of the Plan, the following forecast for the distribution of annual budget allocations is generally established:

(a) A maximum of 70% for rental housing and public housing rental assistance programs.

b) A maximum of 70% for programmes linked to building rehabilitation, and urban regeneration and renovation, and the support programme for the implementation of the building assessment report.

The Autonomous Communities and Cities of Ceuta and Melilla, within this allocation, may be reserved up to a maximum of 10%, for the convening and financing of the Programme for the promotion of sustainable cities and competitive.

c) A maximum of 3% for the implementation and management support program for the Plan.

Exceptionally, and by a signed agreement, within the bilateral monitoring commission, between the Ministry of Public Works and the Autonomous Communities and the Cities of Ceuta and Melilla, may be agreed, percentage of resources is not applicable, if it is justified that their application would make it more difficult to optimise the resources available for aid.

4. The resources of the Plan will be distributed between the Autonomous Communities and Cities of Ceuta and Melilla, taking into account the following objective criteria:

(a) For housing rental and public housing rental assistance programs for rent, the resident population with an income level of up to 3 times the IPREM will be treated.

b) For the urban rehabilitation, regeneration and renovation programmes, support for the implementation of the report on the assessment of buildings and the promotion of sustainable and competitive cities, number of dwellings in predominantly residential buildings, completed before 1981, and the number of dwellings located in buildings of collective residential typology with more than four floors without a lift.

5. When the actions of the programmes to promote the public park of housing for rent, building rehabilitation, regeneration and urban renewal, have complementary financing of the Autonomous Communities and Cities of Ceuta and Melilla, the Ministry of Public Works will be able to adjust its contributions throughout the duration of the Plan, providing additional funding. This additional contribution shall be proportional to that carried out by the Autonomous Community or Cities of Ceuta and Melilla, up to a maximum of 30% of the total budget for the action and shall be financed by new eligible projects, agreement with the programs established in this Royal Decree. In any event, a minimum contribution shall be guaranteed for all Autonomous Communities and Cities of Ceuta and Melilla, objective and proportionate, in accordance with the above paragraph, independent of the existence or non-co-financing.

6. The sum of the State aid and those which, if any, receive the beneficiaries of the Autonomous Community or Cities of Ceuta and Melilla or any other government, entity or public body, national or international, may not exceed the cost intended for the performance of building rehabilitation, regeneration, renovation or price of the promotion of the construction of the rental housing in question.

Article 6. Beneficiaries.

1. In each of the corresponding chapters of this royal decree, the actions under each programme and the potential beneficiaries of the grants are established, without prejudice to the additional requirements which may be laid down by the Autonomous Communities and Cities of Ceuta and Melilla for beneficiaries.

2. Without prejudice to the above paragraph, the following general rules shall apply:

(a) Where the beneficiaries are natural persons, they must possess the Spanish nationality, or the nationality of one of the Member States of the European Union or the European Economic Area, Switzerland, or the kinship determined by the rules that are applicable. In the case of non-EU foreigners, they must have legal residence in Spain. Where they are legal persons, they shall provide proof or expressly state in their application that they are duly constituted, in accordance with the rules applicable to them. In the case of entities lacking their own legal personality, the implementing commitments made by each member of the group and the amount of the grant to be applied by each of them shall be expressly stated.

(b) Where the beneficiaries are natural persons or co-existence units constituted by several natural persons, the determination of the income of the person or unit, for the purposes of their assessment for the purpose of obtaining the aid, is The following:

-The amounts of the general tax base and the savings, as laid down in Articles 48 and 49 respectively, of Law 35/2006 of 28 November of the Income Tax of the Physical Persons, corresponding to the the declaration or declarations made by the applicant or by each of the members of the co-existence unit, relating to the last tax period with the time limit for the submission of the aid, at the time of the application for the aid concerned. If the applicant or any of the members of the unit have not submitted a declaration, the Autonomous Communities and Cities of Ceuta and Melilla may request other information, including a statement responsible for their income, to effects of determining the actual income of the applicant or the unit.

-The resulting amount will become the number of times the IPREM in effect during the period to which the assessed revenue is related.

-The number of times of the resulting IPREM may be weighted by the application, by the Autonomous Communities and Cities of Ceuta and Melilla, of a single multiplying factor of between 0,70 and 1, set out in the relevant collaboration agreement, and depending on the number of members of the co-living unit or other relevant socio-economic factors.

(c) The beneficiaries of aid under the programmes shall be obliged to communicate immediately, even during the processing of the application, to the competent authority of the Autonomous Community or Cities of Ceuta and Melilla which has recognized the aid, any modification of the conditions that motivated such recognition that it can determine the loss of the right to the aid.

The non-disclosure of these modifications will be sufficient cause for the initiation of a refund file for amounts that may have been unduly charged.

3. The application for aid shall expressly include the authorisation of the applicant to the competent authority of the Autonomous Community or City of Ceuta and Melilla to claim all necessary information, in particular tax or economic information. that it is legally relevant to accredit the compliance with the requirements, in the framework of the collaboration established with the State Agency of the Tax Administration, the General Directorate of the Catastro, the managing entities of the Social security and other competent public administrations.

4. The competent authority of the Autonomous Community or Cities of Ceuta and Melilla shall recognize the aid which is regulated in the programmes of this Royal Decree, taking into account the preferential sectors defined in the specific legislation, which in each case It is applicable to them.

5. They may not obtain the status of a beneficiary of such aid who incurs in any of the circumstances provided for in Article 13 of Law 38/2003 of 17 December, General of Grants or those who have been subject to a revocation, by the the competent body of any Autonomous Community or Cities of Ceuta and Melilla, of any of the aid referred to in this or earlier State housing schemes for reasons attributable to the applicant.

Article 7. Collaborating entities.

1. The competent authority of the Autonomous Community or Cities of Ceuta and Melilla may act through one or more collaborating entities, which shall carry out the actions entrusted to them, including the transfer or delivery of public funds. to the beneficiaries. These funds may never be considered as members of the assets of the contributing entity.

In no case may the collaborating entities referred to in this Article be the recipient of the tax information when they do not have the status of Public Administration.

When the interested party authorizes the transfer of information, in accordance with Article 6 (3), the Autonomous Communities and Cities of Ceuta and Melilla may not give to third parties the tax information received. Verification of compliance with the requirements for the recognition of such aid, when carried out on the basis of information collected from the tax authorities, must be carried out directly by the public administration. the application as authorized to access the tax information referred to the applicant.

2. They may act as collaborating entities in the management of these aids:

(a) Public bodies and other public law entities and corporations,

(b) Public companies and commercial companies participated in full or in the majority of public administrations,

(c) The associations referred to in the fifth additional provision of Law 7/1985, of 2 April, Regulatory of the Bases of the Local Regime,

(d) Non-governmental organizations and other private non-profit entities, especially those that develop their activity among vulnerable sectors deserving of special protection,

e) Companies whose social object is the acquisition and promotion of real estate assets of an urban nature for their rent, such as those referred to in Law 11/2009, of 26 October, for which the companies are regulated Anonymous Investment Listed on the Real Estate Market.

Article 8. Competent bodies for the monitoring of the Plan.

1. The Sectoral Conference on Housing, Urbanism and Soil is the highest cooperation body, of a multilateral and sectoral nature, between the Autonomous Communities and Cities of Ceuta and Melilla and the State Administration in the field of housing, urbanism and soil. It shall be chaired by the holder of the Ministry of Public Works and its vice-president shall be appointed by the regional councillors with competence in matters of housing, urban planning and land, as set out in its rules of procedure.

The Sectoral Conference of Housing, Urbanism and Soil will adjust its actions to the provisions of Article 5 of Law 30/1992, of the Legal Regime of Public Administrations and of the Common Administrative Procedure, and to the set out in its internal operating rules.

The plenary sessions of the Sectoral Conference on Housing, Urbanism and Soil will be convened by its president, who will be able to invite representatives of public administrations or public entities to their meetings. (a) private persons who can contribute to their contributions to the best functioning of the conference. In particular, when the conference addresses issues related to this Plan, it may convene as an observer a representation of the Spanish Federation of Municipalities and Provinces.

2. It will be up to the Sectoral Conference on Housing, Urbanism and Soil, among other functions, to follow up the implementation and verification of the results of the Plan, proposing to the Ministry of Development how many measures it deems appropriate for their increased efficiency, as well as agreeing on the procedures necessary to facilitate interterritorial labour mobility, by maintaining the grant of the housing rental aid scheme, where the beneficiary transfers his/her domicile changing from Autonomous Community or City of Ceuta and Melilla.

3. It shall be the responsibility of the Multilateral Housing and Urban Housing Commission, established by the Directors-General responsible for each Autonomous Community and Cities of Ceuta and Melilla, under the chairmanship of the head of the Directorate-General Architecture, Housing and Soil monitoring and evaluation of the Plan and the implementation of all actions are necessary for its implementation and control. It will also be up to you to control the expenditure during the period of the Plan.

4. It is the responsibility of the Directorate-General for Architecture, Housing and Soil to chair the bilateral monitoring committees, which will be held between the Ministry of Public Works and the Autonomous Communities and Cities of Ceuta and Melilla, referred to in the Article 3 (3) (f) of this royal decree.

CHAPTER II

Agreed loan subsidization program

Article 9. Object of the program.

This program is intended to maintain the subsidized loans that are regulated in the State Plans of previous Housing that comply with the law in force.

CHAPTER III

Housing rental assistance program

Article 10. Object of the program.

This program aims to facilitate access to and stay in a rental housing for sectors of the population with limited economic resources.

Article 11. Beneficiaries.

1. The aid referred to in this programme may be the beneficiaries of the aid referred to in this programme for each of the following requirements:

(a) To be a holder or to be in a position to subscribe to a housing lease, with the express mention of its cadastral reference, formalized in the terms of Law 29/1994, of 24 November, of Leases Urban, as tenant. This condition must be credited:

1. In the case of being the owner of the housing lease, through the provision of the lease.

2. In the case of persons wishing to enter into a housing lease, the contract shall be provided within 30 days of the decision granting the aid, which shall be conditional upon its contribution.

(b) That the dwelling leased or leased, constitutes or is to constitute the habitual and permanent residence of the tenant, which shall be credited:

1. In the case of being the owner of the rental agreement, by means of a registration certificate stating, at the date of the application, the persons who have their habitual residence in the dwelling object of the lease.

2. In the case of persons who wish to enter a house lease, the certificate of registration must be provided within 30 days of the decision granting the aid, which shall be conditional upon its contribution.

(c) that the income of persons who have, or are to have, their habitual and permanent domicile in the rented dwelling, whether or not they are the holders of the lease, are, as a whole, determined in accordance with the provisions of paragraph 2. (b) of Article 6, less than the maximum income limit of the co-existence unit giving access to the aid provided for in Article 12 (5), or exceptionally to 3 times the IPREM as referred to in paragraph 7 of that Article 12. This revenue shall be credited by means of the data contained in the State Tax Administration Agency. If the applicant or any of the members of the co-existence unit have not submitted a declaration, the Autonomous Communities and Cities of Ceuta and Melilla may request other information, including a responsible statement on its revenue, for the purpose of determining the actual income of the applicant or that unit.

(d) that the dwelling subject to the lease is for an income equal to or less than EUR 600 per month.

e) The Autonomous Communities and the Cities of Ceuta and Melilla may set an lower income limit for the co-existence unit allowing access to the aid and a lower monthly income to those established in the previous (c) and (d), depending on the demographic or economic circumstances in which they are advised to do so.

2. Aid may not be granted where the applicant or any of those who have their habitual residence and permanent residence in the dwelling subject to the lease are in one of the following situations:

a) To be the owner or user of some housing in Spain. It shall be exempt from this requirement who are holders of a dwelling, credit the non-availability of the house for separation or divorce, or may not inhabit the same for any other cause other than their will.

b) That the tenant or any of those who have their habitual and permanent domicile in the dwelling, have a kinship in the first or second degree of consanguinity or affinity with the landlord of the dwelling.

(c) That the tenant or any of those who have their habitual and permanent domicile in the dwelling is a partner or a participant in the natural or legal person acting as a landlord.

3. Where a beneficiary of this aid changes its domicile to another located in the same Autonomous Community or Cities of Ceuta and Melilla, on which it subscribes to a new lease of housing, it shall be obliged to communicate that change to the (a) the granting authority within the maximum period of five days from the date of signature of the new lease. The beneficiary will not lose the right to the grant for the change provided that with the new lease are met all the requirements, limits and conditions set forth in this Royal Decree and that the new lease of housing is formalized without temporary interruption with the previous one. In such cases, the amount of the aid shall be adjusted to that of the new lease, and must be equal to or less than the amount it received.

4. The Autonomous Communities and Cities of Ceuta and Melilla may lay down additional requirements and preference criteria for the selection of applicants provided that they do not increase the maximum income limits for access to the grant or the maximum amounts of the aid provided for in this programme.

5. The rental aid for this program will not be compatible with other rental aid for lessees with limited economic resources, which can be granted by the Autonomous Communities and Cities of Ceuta and Melilla, the Local Corporations or any other Administrations or Public Entities. They will not be considered to be affected by this incompatibility, the exceptional circumstances in which the social services of the Autonomous Communities and the cities of Ceuta and Melilla provide a supplement for the payment of the rent to beneficiaries in situations of particular vulnerability, included in the collaboration agreement, such as the co-living units of more than two members and a joint income of less than 1.2 times the IPREM.

6. In cases where there is a contributing entity acting, in addition, as the landlord of the dwellings, it may be agreed in the collaboration agreement with the Autonomous Community or Cities of Ceuta and Melilla that the collaborating entity manages directly relating to the receipt of the aid for its direct application to the payment of the rent, by the corresponding discount.

Article 12. Management, amount, time limit and access to aid.

1. The Ministry of Public Works shall transfer to the Autonomous Community or Cities of Ceuta or Melilla the amount of the grant in the form and time limits provided for in the collaboration agreement and in any event in accordance with Article 21 of the Law. General Budget.

2. Beneficiaries shall be granted aid of up to 40% of the annual income to be paid for the rental of their usual and permanent housing, with a ceiling of EUR 2,400 per year per dwelling.

3. Such aid shall be paid on a monthly basis, in proportion to the annual amount corresponding to the annual amount, and shall be granted for a period of 12 months, which may be extended, at the request of the person concerned, for successive periods of 12 months, until the end of the year. of the Plan.

In any event, the deadline for receipt of this aid will be 31 December 2016, irrespective of whether the maximum duration of the grant or its extension would not have been reached.

4. The Autonomous Communities and Cities of Ceuta and Melilla shall regularly convene procedures for the granting of the aid, in which the income of the applicants shall be assessed in accordance with the criteria and priorities of assessment laid down in this Regulation. in paragraphs 5 and 6 of this Article.

5. The maximum income limit of the co-living unit (LIUC) allowing access to the aid shall be expressed in number of times the annual amount of the IPREM, and shall be determined in accordance with the following rules:

-If the cohabitation unit is composed of a single adult person: the amount of the IPREM is multiplied by 1.

-If the cohabitation unit is composed of two or more people:

• The first adult person computes 1 time the IPREM.

• Each additional person of 14 years or more counts 0.5 times the IPREM.

• Each additional person under the age of 14 counts 0.3 times the IPREM.

6. The priority of applicants will be determined with the greatest result of applying the following formula:

1-IUC/CLIUC

Being:

IUC = Revenue, in euros, of the cohabitation unit.

CLIUC = Cuantia, in euros, of the maximum income limit of the cohabitation unit that allows access to the help.

7. Exceptionally, if the applications submitted in a call for aid complying with the above mentioned in paragraph 5 are less than the number of aid called, those units of co-existence may be eligible. Income does not exceed 3 times the IPREM, giving priority to access with the same formula in paragraph 6. In any event, the grant of the grants shall be limited by the budget appropriation to be included in the grant call.

Article 13. Control of program development.

In the collaboration agreements to be signed by the Ministry of Public Works with the Autonomous Communities and Cities of Ceuta and Melilla, the following will necessarily be included:

a) Annuity budget, with an estimate of the number of annual aids.

b) Budget commitment which, if any, will be assumed by the Autonomous Community or Cities of Ceuta and Melilla to co-finance or supplement the aid.

c) Monitoring and monitoring mechanisms for the implementation of the programme object:

1. Monthly referral to the Ministry of Public Works of the decision granting grants to applicants. If the Ministry of Public Works does not receive such monthly information from the aid recognition decisions, it shall not make any other transfer to the Autonomous Communities and Cities of Ceuta and Melilla for any other grant of any other program of this Plan.

2. Fixing the minimum control obligations, among which it will necessarily be for the beneficiary to provide all the information on other aid which he has obtained for the same purpose, and to verify that he is not in none of the circumstances referred to in Article 13 of Law 38/2003 of 17 November, General Grant.

d) Determination of software, files or software applications through which the exchange of information between the two administrations will be carried out, in a telematic way.

e) Obligation to record the institutional image of the Ministry of Public Works in the communication of the resolution of the aid to the beneficiary; as well as in the communication of the receipt of the aid; agreement with the Institutional Image Manual, and without prejudice to the inclusion of the institutional logos or images of the remaining administrations or participating entities.

CHAPTER IV

Rental Housing Public Park Promotion Program

Article 14. Object of the program.

The purpose of this program is to promote the creation of a public housing park protected for rent on floors or public buildings. This dwelling, the useful surface of which may not exceed 90 m², may be of two types:

a) Rental housing in rotation, to be rented to cohabitation units with total income up to 1.2 times the IPREM, taking into consideration those of all those who will reside regularly and permanently in the housing.

b) Protected rental housing, to be rented to cohabitation units with total income between 1.2 and 3 times the IPREM, adding those of all the people who will reside regularly and permanently in the dwelling.

Article 15. Rental housing in rotation and protected rental.

1. They may be classified as rental housing in rotation and protected rental, by the Autonomous Communities and Cities of Ceuta and Melilla, the promotions of newly built housing or from the rehabilitation of buildings public to be allocated, for a period of at least 50 years, at a minimum rate of 50% of the total number of dwellings, to the tenancy of tenants referred to in point (a) of the previous Article and provided that the rest of the housing be qualified as a protected rental, in accordance with point (b) of the previous Article. The protected rental scheme shall also be maintained for a period of at least 50 years from the final qualification.

2. The dwellings referred to in this Article shall be built on soils belonging to the Public Administrations or their dependent entities. They shall be provided free of charge to them and to public foundations or associations declared to be of public interest, or to constitute, on such grounds, surface rights or to grant the corresponding administrative concessions, for the purposes of the promotion of these dwellings, under the conditions which, according to the legal system of application, are established by the Autonomous Communities and Cities of Ceuta and Melilla, or the Councils. Where the application of the application is authorised by the application, the land may be used for this purpose.

Public companies will also be able to use soils from which they are subject to the promotion of these homes even if their purchase has not been free.

Article 16. Beneficiaries of the aid. Priority regime.

1. The following promoters may be eligible for such aid:

(a) Public administrations, public bodies and other entities governed by public law, as well as public companies and commercial companies that are part of or mostly owned by public administrations.

(b) The foundations and associations declared of public utility, and those referred to in the fifth additional provision of Law 7/1985, of 2 April, Regulatory of the Bases of the Local Regime.

(c) Non-governmental organizations and other private non-profit entities, especially those that develop their activity among vulnerable sectors deserving of special protection.

2. Actions in which the Autonomous Community or City of Ceuta and Melilla, or the City Council, commit co-financing shall be considered to be priorities, with preference being those in which the housing finance is greater, provided by the said General government. For such purposes, it shall be understood as part of such funding that the land is made available free of charge.

For the purpose provided for in the previous paragraph, the relevant agreements shall be signed within the bilateral monitoring commissions.

Article 17. Aid and procedure for granting the subsidy.

1. The financing of this programme requires the signing of an agreement within the bilateral commissions between the Autonomous Communities and the cities of Ceuta and Melilla. Prior to the agreement of the bilateral commission, the Autonomous Communities and Cities of Ceuta and Melilla shall forward to the Ministry of Development the forecasts of the actions accompanied by a Memoria-Program that defines each action in all its extremes and justify its economic viability.

In the agreements of the Bilateral Monitoring Committees, the City Council will participate, if necessary, in whose municipal term the scope of action is located.

2. Housing promoters may obtain a grant consisting of direct aid, proportional to the area of each dwelling, up to a maximum of EUR 250 per square metre of housing area.

The maximum amount of this subsidy may not exceed 30% of the eligible cost of the action, with a ceiling of EUR 22,500 per dwelling; all this, irrespective of the additional funding they can provide other public administrations.

3. The rental price of rental homes in rotation will be proportional to the area of the dwelling, without, in any case, being able to exceed the monthly EUR 4.7 per square metre of housing, plus, if any, 60% of the the amount per square metre of the floor area of the garage or any other additional area attached to the dwelling. This price shall be included in the provisional rating of the house and may be updated annually in the light of the evolution of the General Index of the Consumer Price Index System (CPI).

4. The rental price of the protected rental housing will be proportional to the area of the dwelling, without, in any case, it can exceed the 6 euros per month per square meter of housing useful, more, if any, 60% the amount per square metre of the floor area of the garage or any other additional area attached to the dwelling. This price shall be included in the provisional rating of the house and may be updated annually in the light of the evolution of the General Index of the Consumer Price Index System (CPI).

5. Prior to the payment of the grant, the beneficiary, promoter of the action, must prove to be in possession of:

(a) Administrative document proving the free transfer of the land or administrative concession, or, where appropriate, public deed of the establishment of the right of the area, or of ownership of the public building rehabilitation. In the case of public undertakings, if they are not holders by virtue of free transfer, proof of ownership.

b) Municipal work license.

c) Provisional rating of rental and rental rental housing.

d) The work start certificate.

6. The beneficiary must contribute within the maximum period of 22 months from the date of the start of work, which may be extended to 28 months in the case of promotions of more than 80 dwellings:

a) Final work certificate.

b) Definitive rating of rental and rental rental housing.

7. The Ministry of Public Works shall transfer to the Autonomous Community or Cities of Ceuta or Melilla the amount of the grant once the bilateral commission agreement has been concluded, within the time limits laid down therein and in accordance with the provisions of the Agreement. Article 21 of the General Budget Law.

8. The Autonomous Community or Cities of Ceuta and Melilla shall have a maximum period of 30 days to make the aid effective to the beneficiary, since it meets all the requirements.

9. The contributions of the other intervening public administrations shall be set out in the relevant bilateral commission agreement, which may include, inter alia, an additional subsidy to that provided by the Ministry of Public Works.

Article 18. Tenants.

1. For the Ayconiones, or public entity that corresponds, we will proceed to select the recipients of these rentals in rotation and protected, taking into account what is established in this Royal Decree and the criteria that, if necessary, set the collaboration conventions to be subscribed to.

2. In any case, 30% of the supply of rental housing in rotation should be reserved, as long as there are applications for this, to facilitate access to housing for sectors of the population that are being cared for by the social services of the Autonomous Communities and Cities of Ceuta and Melilla, Local Corporations or non-governmental organizations and other private non-profit entities.

3. Tenants on the basis of rent in rotation may be eligible for aid from the rental aid scheme, provided that the conditions laid down in that programme are met and maintained, and the requirements for attention are met. social services, which allowed access to this programme. Tenants under the protected rental scheme may also be eligible for aid from the rental aid scheme, provided that the conditions required under that programme are met and maintained.

CHAPTER V

Building Rehabilitation Promotion Program

Article 19. Object of the program.

1. The purpose of this programme is to finance the execution of works and maintenance and intervention work in fixed installations and equipment, as well as in the common private elements and spaces of the typology buildings. collective residential, which meet the following requirements:

a) Being finalized before 1981.

b) That, at least, 70% of its surface built on a scraper has residential housing use.

(c) That at least 70% of the dwellings constitute the usual domicile of their owners or tenants.

2. Exceptionally, buildings which, without complying with the above conditions, shall be permitted in this programme:

a) Present severe structural or other damage, which warrant inclusion in the Program.

(b) You have the right to rent for at least 10 years from the receipt of the aid. The date of receipt of the aid shall be recorded in the Land Registry by means of a marginal note extended in the register of each of the farms to be used for the rental. Failure to comply with this obligation will result in the return of the aid obtained, with its corresponding legal interests. This registration note may be cancelled at the request of any holder of a right on the estate after 10 years from the date, or by means of the document certifying the prior return of the aid received.

3. This programme shall be the subject of the action in the buildings referred to:

a) Your conservation.

b) Improving quality and sustainability.

c) Make reasonable accessibility adjustments.

Article 20. Eligible actions.

1. The following deficiencies shall be considered as eligible actions for conservation, works and works to be addressed:

(a) The findings, on an unfavourable basis, by the "building assessment report" or equivalent technical inspection report, relating to the state of conservation of foundation, structure and facilities.

(b) Unfavourable detected by the "building assessment report" or equivalent technical inspection report relating to the state of storage of covers, roofs, facades and medianeries or other elements common, when they are carried out in buildings declared to be of Cultural Interest, catalogued or protected, or located within historical-artistic ensembles, or when these circumstances are not present, are executed simultaneously with actions for the improvement of the quality and sustainability that are eligible for this Program.

(c) Those carried out in the common facilities of electricity, plumbing, gas, sanitation, waste collection and separation and telecommunications, in order to adapt them to the current regulations.

2. The following shall be considered eligible actions for the improvement of quality and sustainability in

:

a) The improvement of the thermal envelope of the building to reduce its energy demand for heating or cooling, by means of actions to improve its thermal insulation, the replacement of carpenters and glazing of the voids, or others, including the installation of bioclimatic devices. In any case, the minimum requirements of the Basic Document of the Technical Code of the Edification DB-HE1 shall be met.

b) The installation of heating, cooling, hot water production and ventilation systems for thermal conditioning, or the increase of the energy efficiency of the existing ones, by means of actions as: replacement of heat or cold production equipment, installation of control systems, energy regulation and management, energy cost meters and counters for centralised heating installations; thermal insulation of the distribution and transport networks or the replacement of the equipment movement of the heat-bearing fluids; the installation of waste-energy recovery devices; the introduction of free cooling systems by external air and heat recovery of the renewal air, among others.

c) The installation of generation equipment or allowing the use of renewable energies such as solar energy, biomass or geothermal energy that reduce the consumption of conventional thermal or electrical energy in the building. It shall include the installation of any technology, system, or renewable energy equipment, such as solar thermal panels, in order to contribute to the production of sanitary hot water demanded by the dwellings, or the production of hot water for the air conditioning facilities.

d) The improvement of the energy efficiency of the common facilities for lifts and lighting, the building or the plot, by means of performances such as the replacement of lamps and luminaires with higher performance energy, for example, generating LED lighting, lighting and lighting control system installations and the use of natural light.

e) The improvement of facilities for the supply and installation of water-saving mechanisms, as well as the introduction of separate sanitation networks in the building and other systems that support reuse of grey and stormwater in the building itself or in the parcel or reduce the volume of discharge to the public sewerage system.

f) The improvement or conditioning of facilities for the proper collection and separation of household waste within the homes and in the common spaces of buildings.

g) Those that improve compliance with the parameters set out in the Basic Document of the Technical Code of the DB-HR Building, noise protection.

h) The conditioning of the private spaces of the plot to improve the permeability of the soil, to adapt the gardening to species of low water consumption, to optimize the irrigation systems and other bioclimatic performances.

In order to be eligible, the set of actions for the promotion of quality and expected sustainability should, in any case, contain actions of those included in one or more of the above (a), (b) or (c). to reduce the overall annual energy demand for heating and cooling of the building, for energy certification, of at least 30% on the situation prior to such action. For its justification, any of the software recognized jointly by the Ministries of Development and Industry, Energy and Tourism that are in the General Register of documents recognized for the certification of the energy efficiency of buildings.

3. They will be considered as actions to make reasonable adjustments in terms of accessibility, those that fit the buildings and the access to the housing and local, to the current regulations. In particular:

(a) The installation of elevators, staircases, ramps or other accessibility devices, including those adapted to the needs of persons with sensory disabilities, as well as their adaptation, once installed, to the corresponding sectoral rules.

(b) the installation or provision of support products such as cranes or similar devices that allow access and use by persons with disabilities to common elements of the building, such as gardens, sports areas, swimming pools and other similar pools.

(c) The installation of information or warning elements such as light or sound signals to enable guidance in the use of ladders and lifts.

d) The installation of electronic communication elements or devices between dwellings and the exterior, such as videokeepers and analogues.

4. All previous eligible actions may include the effects of determining the total cost of the works: the fees of the professionals involved, the cost of drafting the projects, technical reports and necessary certificates, expenses arising from administrative processing, and other similar overheads, provided that all costs are duly justified. Taxes, fees or taxes shall not be included.

Article 21. Specific conditions for the actions covered by the Programme.

1. To obtain the related aids in this program, it is required that:

(a) The building has the corresponding "assessment report" with the content set out in Annex II, completed and signed by a competent technician. For such purposes, if the Technical Inspection of Buildings or an instrument of a similar nature existing in the Autonomous Community or Community, provide the same information as this report requires, provided it is up to date. Where the information provided in part includes the information referred to in Annex II, the report may be incorporated directly into the report and the remainder must be completed by a competent technician.

(b) The action shall be in accordance with the agreement of the Community or the Communities of the Owners concerned, duly grouped, except in the case of single-owner buildings, and with the appropriate administrative authorisation, when required.

(c) In the case of actions to make reasonable adjustments to accessibility and/or to improve the quality and sustainability of the building or buildings intended to benefit from the programme, these shall be at least 8 housing, or exceptionally less, where works of conservation are to be carried out simultaneously in the building or where persons with disabilities or over 65 years of age are living.

d) Project of the action to be carried out. In the event that the actions do not require project, it is justified in a memory subscribed by competent technician the adequacy of the performance to the Technical Code of the Building to where it is viable, urban, technical or economically.

2. The eligible cost of the action, including the expenditure referred to in Article 20 (4), shall not exceed the average market costs of such actions. For this purpose, criteria and limits shall be laid down for the consideration of such cooperation agreements.

3. In the case of conservation actions, preference shall be given to actions in which no more than 60 per 100 of the building's owners are integrated into co-living units whose income does not exceed 6.5 times the total. IPREM.

Article 22. Beneficiaries.

1. Community owners, groups of owners ' communities, or the sole proprietors of housing buildings may be eligible for the support of this programme. In the buildings referred to in Article 19.2 (b), the public authorities and bodies and other entities governed by public law may also be beneficiaries, as well as public undertakings and participating commercial companies in full or in part. mostly by the property owners of the buildings.

2. The beneficiaries will allocate the full amount of the aid, in payment of the corresponding actions. In the case of communities of owners and groups of owners ' communities, this rule shall also apply irrespective of whether the amount of the same, or the cost of the works, is to be passed on to the local and local owners, in accordance with the rules laid down in the legislation of the Horizontal Property.

By way of derogation from the foregoing paragraph, where any of the members of the community of owners, or the group of community owners, incurs one or more of the prohibitions laid down in the Article 13.2 of Law 38/2003, of 17 November, General of Grants, shall not be attributed to the owner the proportional part that would correspond to the aid received, that will be prorated among the remaining members of the community or group.

3. Where the owner of the house and the tenant of the house agree that the latter cost the rehabilitation actions which correspond, in return for the payment of the rent, the lessee may apply from the community of owners or, as the case may be, the sole owner, the adoption of the corresponding agreement required to apply for such aid in accordance with Article 21.1 (b).

4. The beneficiaries of aid for the rehabilitation of buildings which are already eligible under the Programme for the Promotion of Urban Regeneration and Renewal or the Programme for the Promotion of Urban Development will not be eligible for funding under this programme. sustainable and competitive cities, respectively, regulated by Chapters VI and IX of this Royal Decree.

Article 23. Type and amount of aid.

1. The maximum amount of aid shall be determined on the basis of the eligible cost of the action for the building or buildings, which shall comprise the total cost of the actions eligible under the conditions laid down in the Article 20. In the case of a performance of more than one of the types indicated, the budget shall be broken down according to each of them.

2. The maximum amount of grants to be awarded per building, which shall not exceed the amount of EUR 11 000 per dwelling and per 100 m² of local area (EUR 12,100 in the case of declared buildings) goods of cultural interest, classified or having integral protection in the relevant urban planning instrument, shall be subject to the following conditions:

(a) It shall be calculated by multiplying, by the number of dwellings and per 100 m² of the building's premises, which are in the horizontal division, or, in the absence thereof, in the register of the property or in the register, the unit aid set out below:

-2,000 euros for conservation performances. In this case, if actions for the improvement of the quality and sustainability that are eligible for this Programme are simultaneously accompanied, the conservation aid will be increased by 1,000 euros, and by another 1,000 euros, if in addition accessibility works are performed.

-EUR 2 000 for actions to improve the quality and sustainability, where the conditions laid down in Article 20.2 are met, or EUR 5 000, at most, if, in compliance with those conditions, it is reduced to less than 50% the overall annual energy demand for heating and cooling of the building.

-4,000 euros for accessibility improvement performances.

The amounts mentioned above may be increased by 10% in the case of buildings declared to be of Cultural Interest, catalogued or with integral protection in the urban planning instrument corresponding.

(b) The maximum amount of grants to be awarded per building shall not exceed 35% of the eligible cost of the performance. However, in exceptional cases in the case of improvements in accessibility and in the case of accessibility only, 50% may be reached.

c) In any of the above cases, in order to compute the amount set by each 100 m² of the local area, the agreements referred to in Article 21 (1) (b) shall be required to establish the premises are involved in the costs of carrying out the works concerned.

Article 24. Management of grants.

1. The grant shall be paid only where the beneficiary provides:

a) The agreement of the community or communities of owners, duly grouped in the latter case, when necessary in accordance with their applicable law, except in the cases of the sole owner of the building.

b) The license or municipal authorizations that are accurate for the performance of the corresponding rehabilitation work.

c) The certificate or certificates of initiation of the rehabilitation work.

2. The time limit for the execution of the rehabilitation work shall not exceed 16 months from the date on the certificate of initiation of the rehabilitation work. That period may be extended by way of derogation to 18 months in the case of buildings or actions affecting 40 or more dwellings.

3. The Ministry of Public Works shall transfer to the Autonomous Community or Cities of Ceuta or Melilla the amount of aid to be managed by the latter, in accordance with Article 21 of the General Budget Law.

4. Once the Autonomous Community or Cities of Ceuta and Melilla recognize the right to the grant and the beneficiary complies with all the conditions required for the receipt of the grant, they have a maximum period of 30 days to make the aid to the beneficiary concerned.

CHAPTER VI

Urban regeneration and renovation promotion program

Article 25. Object of the program.

The program to promote urban regeneration and renovation aims at the financing of the joint realization of rehabilitation works in buildings and housing, urbanization or redevelopment of public spaces and, where appropriate, building in replacement of demolished buildings, within areas of previously defined action.

These works will be carried out in order to improve the residential tissues, and to recover functionally historical sets, urban centers, degraded neighborhoods and rural nuclei.

Article 26. Eligible actions.

1. The actions eligible for this programme are as follows:

(a) The execution of works or maintenance and intervention work in buildings and dwellings, fixed installations, own equipment and common elements, in order to adapt them to the current regulations. The fees of the professionals, the cost of drafting projects, the technical reports and the necessary certificates, as well as the costs arising from the administrative processing, may be included, provided that all of them are properly justified.

b) The execution of the following works to improve the quality and sustainability of the urban environment:

1. Construction and redevelopment of public spaces such as paving, gardening, infrastructure, facilities, water supply services, sanitation, energy supply, lighting, collection, separation and waste management, telecommunications and subsoil use.

2. Works to improve the accessibility of public spaces.

3. Works aimed at improving environmental efficiency in water, energy, materials use, waste management and biodiversity protection.

-In the field of water, the reduction of the use of drinking and irrigation water, the sustainable management of urban runoff, stormwater and wastewater, and the management of purification and its proper return to the environment.

-In the field of energy, the improvement of energy efficiency in construction and urban services, the implementation of renewable energy and centralized or district air conditioning systems, the promotion of sustainable mobility and, in general, all those other aimed at reducing energy demand, reducing emissions of gaseous pollutants and increasing the use of renewable energy.

-In the field of improvement in the use of materials and waste management, those related to the improvement of the recycling of materials, especially those aimed at complying with national or regional plans of waste collection, those relating to the use of recycled or renewable materials in construction or urbanisation, and the use of local materials linked to strategies for promoting sustainable management of the territory.

-In the field of protection and improvement of biodiversity, proposals for the connectivity of green spaces, for the promotion of green covers, or for the introduction of suitable species into the environment.

c) Construction of demolition and construction of new construction houses. The new buildings must have a minimum energy rating B, and comply in any case with the requirements of the Technical Code of the Building.

2. They will also be eligible:

(a) The costs of the temporary realojo programs of the legal occupants of the real estate to be evicted from their usual housing, as a result of the corresponding performance.

(b) The expenditure of the planning, information, management and social monitoring teams and offices of eligible actions.

3. The total cost of the eligible actions, including the expenditure referred to in paragraph 1 (a) of this Article shall constitute the budget protected from the action and shall not exceed the average market costs of such actions. appropriate actions.

Article 27. Specific conditions of the areas and actions covered by the programme.

1. For the recognition of the aid provided for in this Programme, the scope and action shall meet the following requirements:

(a) The scope of action shall be territorially delimited by agreement of the competent authority, may be continuous or discontinuous and may comprise at least 100 dwellings. However, in the case of historic hulls, in rural areas, in actions exclusively of urban renewal and other exceptional circumstances, the minimum number of dwellings may be lower and shall be fixed in the Bilateral Commission Agreements with the Autonomous Communities and with the cities of Ceuta and Melilla.

(b) At least 60% of the buildability of the existing scratch within the scope of the performance or the resulting plan according to the current planning, shall be intended for the residential use of habitual housing.

2. The Autonomous Communities and Cities of Ceuta and Melilla will have to submit to the Ministry of Public Works the proposals of actions they intend to finance under the program. These proposals, which shall be compatible with the overall strategic plan of the Autonomous Community or Cities of Ceuta and Melilla referred to in Article 3 (3) (d), shall be priority to those which, in order, the following: requirements:

(a) This action has been imposed by agreement of the competent administration, resulting from the need to act on an integrated basis on obsolete or degraded areas.

b) That it is a performance of integrated urban regeneration, meaning that it brings together proposals for social, economic and environmental regeneration of the field of action.

(c) The action shall affect areas covered by other historical sets, or have already been brought to the effect, in accordance with applicable law. In this case, it must have a special plan for conservation, protection, rehabilitation, or similar figure established by the Autonomous Communities and Cities of Ceuta and Melilla, and at least have the initial approval at the time of the request.

d) That the performance has some commitment of co-financing from other Public Administrations.

e) The action to include innovative financing modalities to ensure a greater contribution of private funds, without directly affecting the owners.

In the Bilateral Monitoring Committees, they will be signed, with the participation of the City Council in whose municipal term the scope of action, the corresponding agreements.

3. Prior to the adoption of the agreement of the bilateral monitoring committee, the following documentation shall be submitted:

(a) The delimitation of the Urban Regeneration and Renewal Area, which has been identified on an appropriate scale, and a relationship that allows the identification of all the properties included. In cases where the management system is by expropriation its owners and legal occupants will be identified.

The graphical and complementary documentation will be accompanied by the detailed structural determinations of the current planning and the urban parameters of the delimited area.

b) A Memoria-Program in which the following documents will be found at least:

1. A Diagnosis on the social, economic and environmental situation of the field, justified on the basis of indicators and statistical indices objective in relation to the municipal, autonomous and state average or, in its absence, on the technical reports base. It will also include the objectives and public goals of the action.

2. A Programme of Integrated Actions including the description of eligible actions, their technical suitability, and the ways in which they are implemented and managed as well as their temporary programming. It will also include the accompanying measures proposed in the social, economic and environmental fields, specifying in detail the public and private institutions involved and the commitments established for their implementation, development and monitoring.

The Integrated Actions Program will contain a scoreboard of follow-up indicators to verify the impact of actions and a Memory that accredits citizen participation in their design.

3. A Memory of Technical Viability that accredits its compatibility with urban planning and other of Economic Viability, that will analyze the profitability and the balance between the benefits and the burdens derived from the action for the owners. The total budget protected from the operation shall be recorded in the report, with the breakdown of the actions according to the rates laid down in Article 26.

4. The legally necessary temporary return and return plan, where appropriate, with an indication of the deadlines and costs of the realojos and the accompanying social measures for the affected population.

4. The buildings and dwellings included in the Urban Regeneration and Renewal areas shall, in addition to the provisions of paragraph 1 of this Article, comply with the conditions laid down in Article 21 (1) (a) and (b).

Article 28. Beneficiaries.

1. The beneficiaries of the aid may be those who assume responsibility for the overall implementation of the scope of action, be it the public authorities themselves, the sole proprietors of buildings, the communities of owners, groups of owners ' communities and associations and associations of management.

2. Where the performance of the action is for several beneficiaries, the aid shall be distributed in proportion to the cost assumed for each.

3. No funding may be obtained for those who have benefited from the building rehabilitation programme within the scope of action.

Article 29. Type and amount of aid.

1. The maximum amount of aid shall be determined on the basis of the eligible cost of the action, including, where appropriate, the costs broken down according to the types of eligible actions laid down in Article 26 and shall not exceed 35%. of the eligible cost of the action.

2. The maximum amount of aid shall be calculated by multiplying the number of dwellings by the unit aid set out below:

-Up to 11,000 euros for each dwelling subject to rehabilitation.

-Up to 30,000 euros for each housing built to replace another previously demolished.

-For actions to improve the quality and sustainability of the urban environment (development works or redevelopment of the area), up to 2,000 euros for each dwelling object of rehabilitation and/or for each housing built in replacement of another previously demolished.

The amount resulting from the above calculation will be added to it:

-Up to 4,000 euros per year, per unit of coexistence to be rehoused, for the duration of the works and up to a maximum of 3 years, for the performances of temporary realojo.

-Up to 500 euros per house rehabilitated or built in replacement of another demolished, to finance the cost of the equipment and offices of planning, information, management and social accompaniment.

3. Grants under this Program shall be compatible with any other public, provided that the amount does not exceed the total cost of the performance.

Article 30. Management of grants.

1. The initial approval of the urban planning and implementation instrument and the necessary balance of policy areas will be required to apply for the funding provided for in this programme.

2. The recognition of the aid by the Autonomous Community or Cities of Ceuta and Melilla shall require prior accreditation of the final approval of the planning instruments, or shall be conditional upon such approval.

3. The beneficiary shall provide, prior to the receipt of the recognised aid:

(a) The first municipal license that is required to execute the corresponding performance, be it demolition, urbanization, rehabilitation or new work.

b) Certificate of initiation of the work corresponding to the municipal license of the previous letter a).

4. The performance financed as a whole shall be implemented within a maximum of three years from the subscription of the Bilateral Commission Agreement.

5. In the Bilateral Commission Agreement, the annuities corresponding to the contribution of the Ministry of Development shall be fixed, up to a maximum of three, without exceeding the financial year 2016. The Ministry of Public Works shall transfer to the Autonomous Community or Cities of Ceuta or Melilla the amount of the subsidy in the form and time limits provided for in that Bilateral Commission Agreement and, in any event, in accordance with Article 21 of the the General Budget Law.

CHAPTER VII

Common provisions for programs to promote building rehabilitation, for the promotion of urban regeneration and renovation and for the promotion of sustainable and competitive cities

Article 31. Public-private collaboration.

1. Public administrations and entities assigned or dependent on them, communities and groups of owners ' communities, housing cooperatives and administrative associations formed to the effect, the owners for land, buildings, buildings and urban estates, and holders of real rights or benefits, as well as undertakings, entities or companies involved in any title in the rehabilitation, regeneration and urban renewal may celebrate each other, for the purpose of facilitating management and execution of the following contracts, inter alia:

(a) Contract of disposal, with the right to lease or grant the right of exploitation to third parties, of urban estates or of elements of them for a given time in exchange for the deferred payment of the part of the cost that This is the case for the owners of the farms.

b) Contract of permuse or cession of land and/or part of the building subject to rehabilitation for certain future construction.

(c) Contract for the lease or transfer of use of premises, housing or any other element of a term building determined in exchange for payment by the tenant or transferee of payment of all or any of the following: taxes, fees, community fees or the pooling of communities of owners or of the cooperative, conservation and rehabilitation, urban regeneration and renovation.

(d) Convention for the joint exploitation of the building or parts thereof.

2. In the case of housing cooperatives, the contracts referred to in points (a) and (c) of paragraph 1 above shall only reach the commercial premises and the facilities and buildings which are complementary to their property, such as: establishes its specific legislation.

3. The private subjects referred to in paragraph 1 above may, according to their own nature:

(a) Act on the real estate market with full legal capacity for all transactions, including credit, related to the performance of the conservation duty, as well as with the participation in the execution of Urban rehabilitation, regeneration or renovation activities that correspond. To this end, they may draw up, on their own initiative or on behalf of the person responsible for the management of the action concerned, the corresponding management plans or projects corresponding to the action.

(b) Constituted in administrative associations to participate in the public procedures that the Administration has for the purposes of adjudicating the execution of the corresponding works, as fiduciaries with full power device on the common elements of the corresponding building or real estate complex and the estates belonging to the owners members of those buildings, without any limitations other than those laid down in their respective statutes.

c) To assume, by themselves or in association with other subjects, public or private, intervening, the management of the works.

d) constitute a conservation and rehabilitation fund, which will be nurtured by specific contributions from the owners to this end and with which they will be able to cover payments of contribution contributions to the corresponding works.

e) To be directly beneficiaries of any incentive measures established by the public authorities, as well as recipients and managers of the aid granted to property owners.

f) Grant public writings for the modification of the horizontal property regime, both in relation to the common elements and the properties of private use, in order to accommodate this regime to the results of the works of Building and regeneration rehabilitation or urban renewal in the management of which they participate or which they directly carry out.

g) To be beneficiaries of the expropriation of those parts of floors or premises of buildings, predominantly intended for use in housing and constituted under horizontal ownership, which are indispensable for the installation of the common services provided for by the Administration in plans, delimitation of areas and execution orders, as it may be unfeasible, technically or economically any other solution, provided that compliance with the minimum area is ensured; and the standards required for buildings, housing and common spaces.

(h) To apply for refactional credits in order to obtain financing for the execution of the corresponding actions which may be guaranteed by the preventive annotation of those credits in the Registry of the Property, as provided for in Article 59 of the Mortgage Act and 155 of its Rules of Procedure.

Article 32. Administrative associations.

The administrative associations referred to in Article 31 shall be dependent on the acting urban administration, have their own legal personality in accordance with the provisions of the applicable law and nature. administrative, and shall be governed by its statutes and by the provisions of this Article, irrespective of any other specific procedural rules arising out of urban legislation and other heritage and public procurement legislation which is applicable.

CHAPTER VIII

Programme of support for the implementation of the Building Assessment Report

Article 33. Object of the program.

1. The purpose of this programme is to promote the implementation and generalisation of a report on the assessment of buildings, including the analysis of the conditions of accessibility, energy efficiency and the state of conservation of buildings, by means of a grant covering part of the costs of professional fees for their issuance.

2. The report shall contain, in a detailed manner, the aspects listed in Annex II, in relation to the analysis of the conservation status of the building, the determination of whether the building is susceptible or not to incorporate reasonable adjustments in respect of the building. accessibility and certification of energy efficiency.

When, in the municipality or the Autonomous Community in which the building is situated, there are rules which develop a model of the Technical Inspection of Buildings, or similar instrument, which includes all the The model shall be accepted as part of Annex II, provided that the model is completed and processed in accordance with the rules applicable to it and the latter, provided that it has been completed and processed in accordance with the rules applicable to it. updated in accordance with the same. In cases where the information provided only partially responds to Annex II, it shall be directly incorporated and the remainder completed.

Article 34. Beneficiaries.

It may be eligible for such aid from communities of neighbours, groups of communities or sole proprietors of predominantly residential buildings, which have the assessment report to which they relate. the previous article before the end of the year 2016.

Article 35. Management and amount of aid.

1. The Ministry of Public Works shall transfer to the Autonomous Community or to the City of Ceuta or Melilla the amount of the subsidy, in accordance with Article 21 of the General Budget Law, and as specified in the collaboration.

2. The aid shall consist of a grant, equivalent to a maximum of EUR 20 for each of the dwellings on which the building is established, and a maximum amount of EUR 20 per 100 m² of the local area, without no case can be exceeded the amount of 500 euros, nor 50% of the cost of the report per building.

Article 36. Conditions for the granting of the aid.

In order to obtain the aid, it will be necessary to present the Assessment Report of the building, with the contents listed in Annex II of this royal decree, duly completed and signed by competent technician. The corresponding fee invoice, original or copy, issued by the professional or professionals who have made the report, must also be provided.

CHAPTER IX

Programme for the promotion of sustainable and competitive cities

Article 37. Object of the program.

1. The purpose of this programme is to finance the implementation of projects of particular importance, based on the thematic strategic lines developed in

following paragraph.

2. The thematic strategic lines which will define the projects which may be subject to public call shall be as follows, without prejudice to the possibility of such calls:

a) Improvement of neighborhoods: Actuations predominantly of integrated urban regeneration, in block tissues built in the period between 1940 and 1980, in which they highlight aspects of efficiency increase energy and the improvement of the accessibility of buildings, the reclassification of public space, the provision of new equipment and the promotion of social cohesion and economic activity.

b) Historic centers and helmets: Predominantly regeneration acts in urban historical centers and rural helmets, including rehabilitation performances of residential buildings and other use that have some degree of heritage protection, improvement of the public space and the drive for social cohesion and economic revitalisation.

c) Renewal of functionally obsolete areas: Actuations on tissues with severe conditions of functional obsolescence and inadequacy from the urban and building point of view, in which they propose their renovation functional and recused with mixed uses, including economic activities.

d) Renewal of areas for the substitution of infravvienda: Actuations for the eradication of housing with serious deficiencies in safety, sanitation and habitability, located in tissues of marginal urbanization, accompanied by social programs.

e) Ecobeds: Predominantly urban regeneration actions in residential areas in which the momentum of environmental sustainability in buildings and public spaces is highlighted.

f) Tourist areas. Actions of regeneration, sponging and urban renewal in tourist areas with symptoms of obsolescence or degradation, urban and environmental overload or overexploitation of resources and which propose an improvement and conversion of the same towards a more sustainable, competitive and higher quality tourism model.

3. Projects relating to the thematic strategic lines set out in the previous paragraph shall be limited to a single municipal term, containing the precise delimitation of the area of action, which shall have a uniform character and continuity. geographical, with the description of the urban and social situation of the same. They shall also justify the appropriateness of the proposal for action, including a description of the proposal and the technical and economic feasibility of the action, and attach a budget estimate, broken down by type of action, as a predictable calendar of execution.

4. The projects will be selected by means of an open procedure and competitive competition, by means of the appropriate calls made by the Autonomous Communities and Cities of Ceuta and Melilla, and whose Grant shall be governed by the provisions of Law 38/2003 of 17 November, General of Grants.

Article 38. Beneficiaries.

May be beneficiaries of the aid of this programme referred to in Article 37.1, the Public Administrations, the sole proprietors of buildings, the communities of owners, groups of communities of owners, consortia and associations of management. Where the performance of the action is for a number of beneficiaries, the aid shall be distributed in proportion to the cost to be borne by each beneficiary.

In no case will it be possible to obtain funding for this program who have benefited, within the same scope, from the aid of the programs of rehabilitation and regeneration and urban renewal.

Article 39. Type and amount of aid.

The aid will consist of a grant to finance a maximum of 40% of the eligible cost of the action, without exceeding the amounts laid down for each case, in the programme for the promotion of urban regeneration and renewal, by direct application or by assimilation.

The eligible cost of the action may not exceed the average market prices applicable to the case. For this purpose, criteria and limits shall be laid down for the consideration of such cooperation agreements.

Article 40. Management of grants.

1. The management of the grants shall be the responsibility of the Autonomous Communities, which shall inform the Ministry of Public Works of the call and the corresponding resolution of each of the competitions within one month of the publication of both. actions.

2. The performance financed as a whole shall be implemented within the maximum period of three years.

3. The Ministry of Public Works shall transfer to the Autonomous Community or Cities of Ceuta and Melilla the amount of the subsidy in accordance with Article 21 of the General Budget Law.

CHAPTER X

Plan implementation and management support program

Article 41. Object of the program.

The programme of support for the implementation and management of the Plan includes the basic conditions of financing for the creation and maintenance of computer systems for the control and management of relations between the Ministry of Promotion and the Autonomous Communities and Cities of Ceuta and Melilla in the development of the Plan.

Article 42. Type and amount of aid.

The Ministry of Development will be able to use part of the budgetary resources allocated to the Plan to equip IT systems for the management, monitoring and control of the Plan, which will facilitate the exchange of data and information with the own systems of the Autonomous Communities and Cities of Ceuta and Melilla.

CHAPTER XI

Control and Evaluation

Article 43. Reallocation of resources.

The non-justification in time and form of the expenditure and the implementation of the funds previously transferred, as well as the non-compliance with deadlines for the management of eligible actions, will be the cause of the reallocation of the corresponding resources, within the limits indicated in this Royal Decree. To this end, the collaboration agreements signed by the Ministry of Development with the Autonomous Communities and Cities of Ceuta and Melilla will specify the deadlines and conditions for implementation.

Article 44. Control of the State Plan.

1. Once the calendar quarter has expired, and before the 10th of the following month, each of the Autonomous Communities and Cities of Ceuta and Melilla will be sent a report (or computer file or access to shared computer applications) in the the following data is collected:

a) Number of applications received for each program, detailing how many of them have been resolved favorably, how many unfavorably and those that are pending, broken down by provinces and municipalities.

b) The number of beneficiaries granted the aid in each of the programmes broken down by provinces and municipalities, level of income, as well as the amount of the subsidy to be paid to each of the them.

c) Number of beneficiaries of the rental assistance program who are enjoying a housing built under the rental housing public park promotion program.

d) The collaborating entities involved and in what programs.

e) Relation of credits, both performed and pending, with the corresponding accounting justification.

2. In addition to the above, each Autonomous Community or Cities of Ceuta and Melilla shall certify:

(a) That they have made the appropriate consultations to verify that the beneficiaries of the aid are either not recipients of another type of subsidy, or are recipients of subsidies in addition to those set out in the Plan State, indicating which ones are.

b) That they have made the appropriate consultations to verify that all beneficiaries are aware of the tax and social security obligations.

Article 45. Assessment of the State Plan.

With independence from the control described in the previous article, the Autonomous Communities and the cities of Ceuta and Melilla, they will have to present to the Ministry of Development an Annual Assessment Report on the development of the Programmes in their territorial scope and in accordance with the relevant collaboration agreement, without prejudice to the provisions of Article 86 (2) of the General Budget Law.

The Annual Assessment Report will be presented to the Ministry of Public Works in the first quarter of the year following the year's evaluation, and a summary of the annual programme information, and an analysis of the such information. This report should include the gender variable in the statistics and data collection carried out.

Article 46. Compliance.

If the Directorate General of Architecture, Housing and Soil does not receive or have access to the necessary documentation on each of the programs, nor the relationship of credits, both performed and pending, with the corresponding accounting justification, quarterly reports or Annual Assessment, the Ministry of Public Works will bring the corresponding transfers of funds to the Autonomous Communities and Cities of Ceuta and Melilla, until the reception complete of that information.

The transfers of funds will also be paralyzed when the information received is evidence of non-compliance with the Royal Decree, the corresponding collaboration agreement, and in any case of non-compliance in accordance with the law. application legal.

Additional disposition first. Justification for payment.

After the deadline set for the submission of the justification for the grants, the Ministry of Public Works may not transfer to the Autonomous Communities and Cities of Ceuta and Melilla the aid provided for in this Regulation. State plan, in the case, that they are not aware of the justification for the payment and the correct application of the amounts already transferred that they have to justify corresponding to the State Plan of Housing 2009-2012 and above.

Additional provision second. Compensation for aid.

For the purposes of Article 86.2 of Law 47/2003 of 26 November, General Budget, it is understood that all the funds for grants linked to Plans are the same specific destination. State of Housing, transferred to the Autonomous Communities and Cities of Ceuta and Melilla and to be held by them.

The Ministry of Public Works may compensate the Autonomous Communities and Cities of Ceuta and Melilla, the amounts that have been advanced to them, the payment of which is due to be justified, with the amounts outstanding, in grant concept, which would have already been justified, regardless of the nature of the subsidy and the state plan to which it corresponds. All this, without prejudice to the obligation of the Autonomous Communities and the Cities of Ceuta and Melilla to justify the payment of all the grants received.

Additional provision third. Protected Housing.

As of the date of entry into force of this royal decree, and without prejudice to legal situations created under previous applicable regulations, protected housing shall be understood, for the purposes of in the state regulations, all those that have the corresponding qualification of the Autonomous Communities and Cities of Ceuta and Melilla, to meet the requirements of use, destination, quality, maximum price established (both for sale and for rental) and, where appropriate, surface and design, as well as any other established in the corresponding rules.

In any case, you must meet at least the following requirements:

-Protected housing must be used for habitual and permanent residence of the owner or tenant.

-You must have a maximum sale price of the protected dwelling for sale or a maximum rental reference of the protected dwelling for rent.

-Dispose of a maximum useful surface of 90 m², not including, if any, an additional maximum useful surface of 8 m² for old and other 25 m² storage for a garage space or (a) to be used for the storage of useful tools for the development of productive activities in rural areas.

Additional provision fourth. Special regime of change of qualification of sheltered housing for sale, to sheltered housing for rent, and disqualification of sheltered housing for sale, of the promotions of sheltered housing of the State Plans of Housing.

1. The provisional or definitive qualification of the protected housing for sale may be modified, from promotions of sheltered housing under the financing of the State Housing Plans, as sheltered housing for rent. This reclassification will not affect the agreed loan, granted in its day and will not legitimize the acquisition of new state aid, although it will entail for the recalified housing, the adoption of the protected housing regime and its own conditions. of their use for rent, and for the owner, the assumption of the obligations and responsibilities of this regime, in accordance with the state plan of implementation.

2. Exceptionally, for the maximum period of three years, newly-built or rehabilitated protected dwellings may be disqualifying from rehabilitation and intended for sale, provided that at least six months have elapsed since the date of their release. Final qualification, and the following conditions are met, without prejudice to those which may determine the Autonomous Communities and Cities of Ceuta and Melilla:

(a) Haber has been subjected to the procedure for the selection of corresponding acquirers and/or successful tenderers and has resulted in desert at least 80% of the total housing.

(b) to be located in a specific territorial area where there can be evidence of objective and reliable data, that there are sufficient housing from the free promotion, of similar characteristics, size and price, finished in the last two years, and unsold.

3. The decision on reclassification or disqualification referred to in the preceding paragraphs shall agree on what is appropriate in relation to the return, where appropriate, of the State aid received. In any case, the total of the direct economic aid received, the amount of the subsidies and the tax exemptions and the legal interest corresponding to both.

The corresponding resolutions shall be communicated to the Ministry of Public Works within the maximum period of 10 days and to the Registry of the Competent Property, in order to request their constancy in the registers of the affected farms, in the form and with the legally intended requirements and effects.

Additional provision fifth. Special regime of change of qualification of sheltered housing for rent to sheltered housing for sale.

1. The final qualification of sheltered housing for rent, from promotions of sheltered housing, to be eligible for funding from State Housing Plans, may be modified as sheltered housing for sale.

Recalification will not affect the agreed loan granted as sheltered housing for rent and in no case will result in new state aid.

This recalification will entail for the dwellings, the adoption of the regime and conditions of this use, and for the owner the interruption of the aids and the partial return of the same.

2. The General Administration of the State will only require partial repayment of the State aid received in accordance with the following rules:

(a) The proportional share of the subsidy received for the years of qualification under rental scheme, not met, shall be returned.

(b) The subsidy to the agreed loan shall be no longer received from the date of the change in the rating and no repayment of the State aid for the loan, received prior to the loan, shall be repaid. that date.

3. The Autonomous Communities and Cities of Ceuta and Melilla must notify the Ministry of Public Works within the maximum period of 10 days, the modifications of qualification permitted by this provision, with express mention of the grant and the Time limit for non-compliant rental.

Additional provision sixth. Extension of the period of lack of loans to developers of housing for sale. State Plan 2005-2008.

Article 44 (1) (b) of Royal Decree 801/2005 of 1 July 2005 approving the State Plan 2005-2008, in order to promote the access of citizens to housing, as amended by Royal Decree 14/2008 of 11 December 2008. January, provides for the possibility of extension of the period of absence up to 4 years, from the formalisation of the loan, to be obtained by the promoters of newly constructed housing for sale and provisionally qualified as protected.

This period is extended to a total of 10 years as long as it has the authorization of the Autonomous Communities and Cities of Ceuta and Melilla and the agreement of the credit institution.

Additional provision seventh. Interruption of the amortisation period of agreed loans granted to protected housing developers for sale or rent in application of the State Housing Plans.

The agreed loans granted to developers of sheltered housing for sale or rental in application of the State Plans, which are at the date of entry into force of this Royal Decree in period of depreciation of the capital, may interrupt that period, for up to 3 years, provided that they have the approval of the Autonomous Community or Cities of Ceuta and Melilla and the conformity of the lending financial institution. During this period the borrower will only pay the corresponding interest.

This interruption of the amortisation period, in the case of loans agreed for rent-protected housing developers, is conditional on the waiver, from the date of the interruption, to the aid of subsidization. which will subtract them from perceiving.

In both cases, the collaborating financial institutions will have a maximum of 10 days to notify the Ministry of Public Works of the formalization of the related interruptions.

Additional disposition octave. Lorca.

In the collaboration agreement signed with the Autonomous Community of the Region of Murcia, preference will be given to the actions to be carried out in the municipality of Lorca to contribute to alleviating the effects of the earthquake. May 2011, especially in the programs of building rehabilitation and urban regeneration and renovation.

Additional provision ninth. Concepts and denominations used in this royal decree.

1. The concepts used in this royal decree shall be construed as meaning in the glossary included as an annex thereto.

2. For the purposes of the cooperation agreements concluded by the Ministry of Public Works with the Autonomous Communities and Cities of Ceuta and Melilla for the implementation of this Plan, the protected actions that all of them will be eligible will be considered eligible. conditions and requirements for them provided for in this royal decree, regardless of the denomination they receive in the autonomous regulations.

Additional provision 10th. Effectiveness of the Plan's help lines.

The effectiveness of the aid lines provided for in this royal decree will be determined by publication in the "Official State Gazette" of an Order of the Ministry of Public Works.

Additional provision eleventh. Time limits for the granting of aid.

After December 31, 2016, the Autonomous Communities and Cities of Ceuta and Melilla will not be able to grant any aid from those collected in this royal decree.

Likewise, the granting of aid by the Autonomous Communities and Cities of Ceuta and Melilla must be notified to the Ministry of Public Works before 31 December 2016.

Additional disposition twelfth. Extension of the reduction of the amortisation period for unemployment claims.

Until 31 December 2016, the three repayment annuities of the loan, required to be able to interrupt the repayment period, in the case provided for in Article 42 (5) of Royal Decree 2066/2008, December 12, for which the 2009-2012 State Housing and Rehabilitation Plan is regulated, will be reduced to an annuity for those loans formalized by housing acquirers in the framework of state housing plans.

Single repeal provision.

All provisions of equal or lower rank are repealed to be opposed to what was established in this royal decree.

Final disposition first. Competitive titles.

This royal decree is approved in accordance with the provisions of Article 149.1.13 of the Constitution, which attributes to the State exclusive competence in the field of bases and coordination of the general planning of the activity. Article 19 (2) (b) of the Constitution, except for Article 19 (2) (b) of the Constitution, which gives the State the exclusive responsibility for the management of public records and instruments.

Final disposition second. Enabling regulatory development.

1. The holder of the Ministry of Public Works is enabled to dictate how many provisions are necessary for the development and execution of the provisions of this royal decree.

2. The holder of the Ministry of Public Works may specify the amount of grants which may be granted, within the limits of this royal decree, in the light of budgetary resources, the development of objective conditions and the indicators used for the monitoring of the Plan.

In no case will these modifications affect any grants already granted, without prejudice to the reintegrals that are otherwise agreed upon.

3. The holder of the Ministry of Public Works may also amend the content and determinations of the model type of assessment report for buildings provided for in Annex II.

Final disposition third. Entry into force.

This royal decree will take effect the day following its publication in the "Official State Gazette."

Given in Madrid, April 5, 2013.

JOHN CARLOS R.

The Minister of Development,

ANA MARIA PASTOR JULIAN

ANNEX I

Glossary of concepts used in this royal decree

Multilateral Housing, Urbanism and Soil Commission.

Collegiate body preparatory to the meetings of the Sectoral Conference on Housing, Urbanism and Soil, which carries out follow-up functions of the Plan, and is constituted by the Directors-General responsible for the management of the housing plans of each of the Autonomous Communities and Cities of Ceuta and Melilla that they sign agreement for the Plan with the Ministry of Development, under the chairmanship of the head of the Directorate General of Architecture, Housing and Soil, Ministry.

Bilateral Plan Monitoring Committees.

These are the follow-up commissions held between the Ministry of Public Works and each of the Autonomous Communities and Cities of Ceuta and Melilla participating in the Plan, within the framework of the collaboration agreements signed by both parties under the Plan.

Sectoral Housing Conference, Urbanism and Soil.

Sectoral conferences are defined and regulated by Article 5 (3), (4) and (5) of Law 30/1992 of 26 November 1992 on the legal status of public administrations and the common administrative procedure, amended by Law 4/1999 of 13 January 1999 and consists of multilateral and sectoral cooperation bodies which bring together members of the Government, representing the General Administration of the State, and members of the Council Government, representing the Administrations of the Autonomous Communities. Each Sectoral Conference shall establish its own regime in the relevant institutionalisation agreement and its rules of procedure.

Coexistence Unit.

It is considered a unity of coexistence with the whole of people who live and enjoy housing on a regular and permanent basis and with a vocation for stability, regardless of the relationship between them.

adult Person.

They are adults for the mentions that are made in this Plan, those that are older according to our legal order.

Preferred Sectors.

It is considered preferential sectors that are defined in the specific legislation, that without prejudice to the new ones that can be regulated or that determine the Autonomous Communities and Cities of Ceuta and Melilla, are the following:

• Numerous families: by virtue of the provisions of Law 40/2003 of 18 November, of protection for large families and their development regulations.

• Women victims of gender-based violence: in accordance with the Organic Law 1/2004 of December 28, of Comprehensive Protection Measures against Gender Violence.

• Persons with disabilities: under the provisions of Law 51/2003 of 2 December 2003 on equal opportunities, non-discrimination and universal accessibility for persons with disabilities and the Framework Convention on Partnership between the General Administration of the State and CERMI (Spanish Committee of Representatives of Persons with Disabilities).

• Persons affected by evictions and subject to measures of relaxation of foreclosures: pursuant to the provisions of Royal Decree-Law 6/2012 of March 9, of urgent measures for the protection of debtors mortgage without resources.

• Victims of Terrorism: by virtue of the provisions of Law 29/2011 of 22 September of Recognition and Integral Protection of Victims of Terrorism.

In this case, persons who have suffered incapacitating damages as a result of the terrorist activity; the spouse or person who has suffered incapacitating damages will be exempt from the application of the family income threshold or the living unit. has lived with a similar relationship of affectivity, at least the previous two years, of the victims who died in terrorist acts, their children and the children of the disabled; as well as those threatened. The accreditation of the status of victim or of the threat will require the contribution of the Ministry of the Interior or the firm judicial judgment.

Also, in the event of a tie between the potential beneficiaries of the aid, preference will be given to persons who have suffered incapacitating damages as a result of terrorist activity, the spouse or person who has lived with a similar relationship of affectivity, at least the previous two years, of the victims killed in terrorist acts, their children and the children of the disabled, as well as those threatened. The accreditation of the status of victim or of the threat will require the contribution of the Ministry of the Interior or the firm judicial judgment.

Numerous families.

Those considered by Law 40/2003 of 18 November, of protection for large families, developed by Royal Decree 1621/2005 of 30 December, and by Law 40/2007 of 4 December, of measures in the field of social security, which also considers a large family to that composed of the father or mother, with two children, when the other parent has died.

Multiple Effects Income Public Indicator (IPREM).

It is the indicator defined in the Royal Decree-law of June 25, for the rationalization of the regulation of the interprofessional minimum wage and for the increase of its amount, which is considered unit of measure for the determination of the amount of family income, in its annual calculation, including two extra pages.

Family income.

It is the amount of income that is taken as a reference to be able to be a beneficiary of the housing and aid of the Plan and to determine its value. Family income shall relate to the family unit as defined by the rules governing the Income Tax of the Physical Persons. For such purposes, references to the family unit are extended to persons who are not integrated into a family unit, as well as to legally recognised couples in accordance with the rules laid down in this respect.

People with disabilities.

It is understood by persons with disabilities, those referred to in article 1.2 of Law 51/2003, of December 2, of equal opportunities, non-discrimination and universal accessibility of persons with disabilities.

Subsidized loan subsidization.

State financial aid to provide the borrower with payment of the loan repayment and interest (or interest only, in the period of absence), and which consists of the payment to the borrower, by the Ministry of Finance For the purposes of the payment of the payment, the amount shall be deducted from the payments that the institution invoiced to the borrower.

Protected Housing.

These are qualified as official protection housing or, more generally, as protected housing, by the competent authority of the Autonomous Communities and Cities of Ceuta and Melilla, which meet the requirements set out in the this Royal Decree or the Royal Decree corresponding to the State Plan which is applicable. Sheltered housing may be used for sale or lease and must constitute the habitual residence or residence of its occupants, except in cases where it is expressly determined.

Eligible cost of the performance.

Total cost of the performance, including material execution cost, professional fees, industrial benefit, notarial and registration costs and general and management expenses, excluding taxes, fees and taxes.

ANNEX II

Building Assessment Report Type Model