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Royal Decree 2329 / 1983, Of 28 July, On The Rehabilitation Of The Residential And Urban Heritage Protection.

Original Language Title: Real Decreto 2329/1983, de 28 de julio, sobre protección a la rehabilitación del patrimonio residencial y urbano.

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TEXT

The current depopulation of the real estate and the loss of environmental quality of the inhabited space, both in the urban and rural areas, as well as the problems of lack and shortage of housing, demand a public action aimed at remedying the lack of public attention aimed at remedying the limited attention to the maintenance and improvement of existing residential and urban heritage.

Spanish legislation on housing and housing has been concerned, almost exclusively until recent times of the extension of the cities and the construction of new housing. However, the urban and rural management of the urban and rural areas already inhabited has shown the need to have the legal instruments of a system of financing that provides for the improvement and rehabilitation of both housing and equipment and urban spaces with their environmental, architectural, historical-artistic, cultural and socioeconomic values.

The Royal Decree-Law 12/1980 of 26 September on State actions in the field of housing and soil introduced the possibility of providing official protection for the rehabilitation of existing homes, as well as the In the case of the case-law of the Court of Law, the Court of State held that the Court of State held that the Court held that the Court of Moreover, Royal Decree 2555/1982 of 24 September 1982. arbiter measures for the integrated rehabilitation of the architectural heritage in urban centers, rural nuclei and historical-artistic ensembles.

The few real effects of such provisions on the promotion of rehabilitation processes make it necessary to draw up a new regulatory framework that provides for the full range of rehabilitation actions that may be They must be encouraged, and must be encouraged, improving the conditions for such activity, which must be supported by the new, competitive scheme of the Autonomous Communities.

This promotion of rehabilitation is particularly important as a job-creating initiative in the construction sector, since this activity usually requires real investment employment rates higher than the building of new housing.

This being the case, it is necessary to use in rehabilitating actions the availability of resources, applicable to such uses, which currently exists within the current three-year housing program 1981-1983. As a result, the provisions of this Royal Decree are now referred to the economic and financial framework of the three-year programme, as are the other activities of the housebuilder sector.

The general promotion of rehabilitation and job creation in the construction sector are objectives which are envisaged with those of the creation of protected rehabilitation schemes which will avoid the risk of expulsion of the popular classes resident in the urban centers as a result of their environmental improvement, as well as with the help of a growing municipal leadership in the immediate management of these matters, according to the provisions that each The Autonomous Community can establish the specific conditions for the actions of the rehabilitation.

A system of support is established based on the grant of interest for the financing of credits and on personal grants according to the family income of the users. In addition to regulating the conditions under which a grant can be provided for free rehabilitation, rehabilitation is envisaged in a similar scheme to that of official protection housing with a price or rent limitation and is incorporated into the rehabilitation actions the financial formula currently in use for direct public promotion. The aid may even cover the purchase of buildings for the purpose of rehabilitation.

While a flexible framework of conditions for material intervention in buildings is allowed, the necessary regulation of minimum conditions for the adequacy of buildings is proposed, which should, as far as possible, be avoided. investments in inappropriate, superfluous or counter-productive actions.

Finally, there are certain practical problems arising from the Royal Decree 2555/1982 of 24 September 1982 on areas of integrated rehabilitation, with a more precise definition of its scope, simplifying their management, including the general scheme for the protection of housing finance and supplementary envelopes, and implementing their coordination with complementary investments from other sectors. The above rules are recast and amended and are repealed in full.

In its virtue, on the proposal of the Ministers of Public Works and Urbanism, of Economy and Finance and of Culture, after deliberation of the Council of Ministers at its meeting of July 27, 1983, I have:

CHAPTER FIRST

General provisions

Article 1. Object.-1. The purpose of this provision is to protect and finance the rehabilitation of homes and their equipment, including or not in integrated areas, as well as the arrangements and operation of such areas.

2. Rehabilitation actions shall mean the constructive or functional suitability of dwellings or buildings whose main destination is that of housing.

The rehabilitation actions will also be able to understand the adequacy of the primary community equipment, including the free spaces, the infrastructures and the envelopes.

3. The areas of integrated rehabilitation, formally declared as such, will aim to improve or recover urban or rural areas, their natural conditions, economic and social activities, and the conditions of life of its residents, through the necessary actions on buildings, free spaces, infrastructures, services and necessary equipment. The measures for the rehabilitation of dwellings referred to in the previous paragraph may be promoted therein.

CHAPTER II

Rehabilitation of homes

SECTION 1. REQUIREMENTS

Art. 2. Conditions for the rehabilitation of dwellings. Protected actions can only be performed in buildings where the following conditions are met:

a) Antiquity over ten years.

b) Not to be subject to limitations that prevent the intended use, nor be qualified as out of urban planning. The declaration of the ruinous state will not be an impediment to the application of the benefits granted by this Royal Decree.

c) That the performances exclude the demolition or interior emptying of the building.

(d) The building has, when no additional and completed allocations are made available, a minimum of 70 per 100 of the total useful area for housing. This calculation shall exclude low-level spaces and spaces for non-residential uses located on the ground floor and shall be carried out in accordance with the measurement criteria laid down in the official protection housing regulations.

(e) to present a spatial organisation and constructive characteristics that ensure the possibility of achieving adequate housing conditions in accordance with the requirements set out in the development of this Royal Decree.

Art. 3. Criteria for preferential protection.-1. The following rehabilitation actions shall be the subject of preferential protection:

(a) Those that allow the structural adjustment of a building.

A building is considered to have structural adequacy when it presents sufficient conditions for: structural and constructive safety, access, general water and electricity facilities; sanitation network; Water-tightness in the face of rain and humidity; thermal insulation, general finishes and safety in the face of accidents and accidents.

b) Those that permit the adequacy of habitability of a dwelling.

It is considered that a dwelling has an adequacy of habitability when it is located in a building that has structural adequacy and also has minimum conditions regarding: useful surface and program; distribution inland; water and electricity installations; ventilation; natural lighting and aeration; thermal insulation; hygienic services and kitchen facilities and interior finishes.

2. For the purposes of obtaining the financial benefits provided for in this Royal Decree, the competent territorial public authorities may lay down by specific rules the conditions required for the attainment of the structural adequacy of a building and the suitability of housing for habitability.

3. In the unoccupied buildings or in which only the low-level spaces not used as housing are occupied, it will be necessary, in order to obtain the preferential protection, that all the dwellings reach the adequacy of the habitability.

Art. 4. Consistency criteria for the execution of rehabilitation works.-The execution of any of the protected works of rehabilitation must ensure their technical and constructive coherence with the state of the building and with the remaining works could be performed according to the following criteria:

(a) In buildings devoid of structural and constructive safety conditions, electrical supply, water distribution, adequate functionality of the general sanitation network and a convenient front The rain will not protect the performance of works that do not include the necessary ones for the attainment of these conditions.

(b) The performance of private works of the dwelling shall not be protected where, as a result of the housing, the minimum useful surface to be established under this provision is not attained.

(c) The protection of the execution of works of the private finishing of the respective dwellings or general of the buildings shall only be carried out when the bad state of the same or when the works are required for the simultaneous realization of other rehabilitation works.

Art. 5. Protection of the complementary works of the rehabilitation actions.-The benefits of this Royal Decree may be used for the complementary works of the rehabilitation activities provided the building justifies the conditions of the rehabilitation. structural adequacy and meet the following requirements:

1. Works of adequacy and creation of endowments in buildings with dwellings.

May have as an object the adequacy of the free spaces or patios that are part of the farm itself or adjacent to it, for its use as areas of recreation, as well as the creation of collective endowments to the service of multi-family housing provided that they are intended for the use of residents in such buildings.

2. Works of architectural, historical or environmental interest.

Such works shall be understood to be required by the historical or environmental architectural values of the buildings, in accordance with the particular orders for the execution of works which may be application of Article 182 of the Soil Law.

3. Special rehabilitation works and installations which may be directed for the following purposes:

(a) Housing and access to the same for the use of the disabled.

(b) Equation of business premises located in buildings whose main destination is that of housing, provided that they meet the requirements laid down in Article 2 (c).

c) Adequation of workshops for artisans and housekeepers of farmworkers, cattlemen and fishermen, provided that the budget of these works does not exceed half of the budget of the rehabilitation action to be carried out in the housing to which they are attached.

(d) Extension of the living space of dwellings through new construction sites, provided that the resulting useful area in total does not exceed 90 square meters per dwelling.

(e) Other than those which were justified by reason of the particular circumstances of the residents.

Art. 6. Conditions for the rehabilitation of dots1. Buildings and installations which, irrespective of their current use, are intended to be used in accordance with the following requirements may be subject to rehabilitation operations:

a) Not to be qualified as out of urban planning or subject to limitations derived from current regulations that would prevent the desired use.

b) Justification for the urban planning of the adequate utility of its function for the population resident in its surroundings. The existing needs for primary equipment should be considered first.

c) Present a spatial organization and constructive characteristics that allow its suitability for the intended use.

d) Guarantees for the subsequent maintenance and use of the rehabilitated building.

e) That the performances exclude the demolition or total emptying of the building.

2. The rehabilitation measures for this purpose shall justify the structural adjustment of the building and shall respect the criteria for consistency in the implementation of the works defined in Article 4.

3. Priority will be given to rehabilitation measures in particularly under-equipped areas, with higher percentages of official protection housing, which will be the subject of a programme of general rehabilitation of housing or that they are included in areas of integrated rehabilitation.

Art. 7. Acquisition of buildings with housing.-Local Corporations and the Institute for Public Promotion of Housing directly or through its Management Bodies will be able to acquire buildings for their rehabilitation to housing in a regime protected, both private and public promotion. In both cases, the financing may be extended to a maximum of 85 per 100 of the module in force at the time of the acquisition, provided that the overall budget of the module and the rehabilitation performance do not exceed that percentage, unless the possible excess is due to the construction of works of architectural, historical or environmental interest of the characteristics of the building.

SECTION 2. GENERAL PROTECTION SYSTEM

Art. 8. Rehabilitation schemes.-1. Rehabilitation actions may be carried out in three different schemes:

a) Rehabilitation free.

b) Protected rehabilitation of private promotion.

c) Protected rehabilitation of public promotion.

2. The different administrations responsible for the promotion of housing may make use of any of the three schemes and manage, where appropriate, their access to the sources of financing under the conditions set out in this Royal Decree.

Art. 9. Benefits.-1. Rehabilitation actions may benefit from the following benefits:

a) Loans with and without interest.

b) Partial subsidy of interest accrued on loans.

c) Personal grants.

d) Special grants for the management of the actions.

e) Tax exemptions and allowances.

2. These benefits may not be applied for when loans outstanding for previous rehabilitation actions on the same housing or building were in place.

3. The exception of this limitation is the rehabilitation measures that were carried out in compliance with the judicial judgment or administrative termination.

Art. 10. Budget protected.-1. For the purposes of defining the amount of loans and grants, the following items, which apply to it, as referred to in Article 5 (h) of the Protection Housing Regulation, shall be regarded as a protected budget. Official, approved by Decree 2114/1968, of July 24:

a) General budget or sum of general budgets.

b) Value of the land and existing buildings.

(c)

, the rate of which shall be the sum of the two preceding items.

The material execution budget will be considered the least of the following:

(a) The document expressed as a competent technician.

b) The one that results from the application of the official relations of prices that are established in the development of this Royal Decree.

2. For the same purposes, the maximum area for housing shall be that of a useful 90 square metres, irrespective of whether the actual area exceeds this figure.

3. Only actions with a protected budget exceeding 200,000 pesetas will qualify for the benefits regulated in this Royal Decree. This limit may be amended by Order of the Ministry of Public Works and Urbanism.

Art. 11. Loans with interest.-1. Loans granted by financial institutions shall have the following characteristics:

(a) Interest rate fixed by the Ministry of Economy and Finance or, after its proposal, by agreement of the Council of Ministers for those granted by the Official Credit Institutions, and the one to be fixed in the Conventions with the Credit institutions for which you are granted.

(b) Guarantees that may require the borrower to credit institutions.

(c) A repayment term of no more than thirteen years including the period of absence, to be determined by the Order of the Ministries of Economy and Finance and of Public Works and Urbanism.

2. The amount of the loans per square meter of useful area for each type of performance and level of works to be performed will be a percentage of the module (M) applicable to the dwellings, official protection according to its geographical area homogea, in force in the the time of granting of the free rehabilitation certificate or of the temporary protected rehabilitation qualification.

3. These loans may have a refactional nature under the conditions and with the effects provided for in the mortgage legislation.

4. The acquirers of the dwellings which have been the subject of rehabilitation activities and which have not been promoters of the properties shall be subsuted in the loans from the grant of the public deed of sale.

5. They will have the consideration of financial institutions for the promotion of the different modalities of rehabilitation actions the banks registered in the Register of Banks and Bankers, the Cajas de Ahorro Confederadas, the Postal Savings Bank, the Credit cooperatives, the Credit Officers and the Mortgage Credit Companies.

Art. 12. Computability of loans.-1. The loans granted for rehabilitation activities by the banks registered in the Register of Banks and Bankers, as well as those granted by the Credit Union, will be available in the percentage of special effects of the coefficient of investment.

2. They will also have the considerations of special regulation loans granted by the Cajas de Ahorro Confederadas and the Caja Postal de Ahorros for the same purpose and in accordance with the percentages that are regulated in their case.

Art. 13. Interest-free loans.-1. The Institute for the Public Promotion of Housing may finance rehabilitation activities through the granting of interest-free loans for an amount that may not exceed the eligible budget.

2. The conditions, deliveries and repayment term of the loan, which shall be computed from the final qualification, shall be fixed in that qualification, and its regulation shall be carried out by Order of the Ministry of Public Works and Urbanism.

3. The loans will be secured with second or first mortgage on the basis of the existence of loan with interest. The mortgage guarantee may be replaced by another that is considered sufficient by the Institute for Public Promotion of Housing, provided that one of the following conditions is met:

(a) That it is not possible to constitute a mortgage on loan guarantees.

b) That the promoter of the rehabilitation actions be a public Ente.

Art. 14. Partial grant of interest.-The Institute for Public Promotion of Housing is authorized to subsidize the interest rate of loans from its budget. The grant will be graduated according to the following.

a) Three points in free-regime rehabilitation performances.

b) Six points in free-regime rehabilitation actions when they are intended for buildings dedicated to rental housing that are included in integrated rehabilitation areas, declared historical-artistic ensembles o Catalogues of protection provided for in Article 25 of the Law of Soil.

c) Six points in rehabilitation actions under protected regime in all cases.

Art. 15. Personal grants-1. The Institute for the Public Promotion of Housing may grant personal grants to promoters and users of free rehabilitation or protected rehabilitation activities.

They will not be able to obtain these grants from the protected rehabilitation activities of public promotion.

2. The life-rehabilitation programmes which have been the subject of a personal grant may not be transferred by any title within five years of the completion of the rehabilitation works, without reintegrating the Institute for the Promotion of Public housing the entire grant received, increased with the basic interest set by the Banco de España.

Art. 16. Special grants for the management of actions.-1. The Institute for Public Promotion of Housing will be able to subscribe to Conventions with the Local Corporations directly or through Patronates or Companies constituted to the effect, as well as with joint ventures with majority participation of Entes public, and with other public entities, for the promotion, management and counselling of rehabilitation actions in all their regimes.

2. The Institute for Public Promotion of Housing is authorised to grant a special grant from its budget to the undersigned Entity of the Convention, provided that the inadequacy of its own resources is duly justified in relationship to the forecasts for action. This subsidy shall not exceed 3 per 100 of the budget eligible for the measures provided for.

3. The grant of this grant shall be the requirement for the establishment by the undersigned entity of a rehabilitation programme to express the forecasts for the performance of the annuities, the estimated budgets and the protection schemes.

4. Priority will be given to the formalization of these Conventions, the actions of protected rehabilitation of public promotion.

Art. 17. Tax benefits.-In accordance with the provisions of Royal Decree-Law 12/1980 of 26 September, to promote State actions in the field of housing and land, exemptions, bonuses and other tax benefits regulated in the Current legislation on housing for official protection extends to the following actions:

1. The execution of the work with or without the contribution of materials, as a result of contracts directly formalized between the owner of the buildings or houses and the contractor, which have as their object the rehabilitation of houses.

2. The execution of works directly formalised between the promoter and the contractor for the primary Community equipment consisting of:

(a) The rehabilitation of buildings destined for the public service of the State and its Autonomous Bodies, Territorial Entities and Local Corporations, churches and chapels destined for worship and teaching centers.

b) The creation of public parks and gardens and road surfaces in urban areas.

Art. 18. Scheme for the financing of complementary works.-1. The additional works may be covered by the same scheme of financing of the rehabilitation action to which they are attached. For such purposes, the total eligible budget of the rehabilitation action may be increased by a percentage not exceeding 15 per 100.

2. When the rehabilitation performance is carried out on buildings located in integrated rehabilitation areas, in the Historical-artistic Sets or in the conservation Catalogues, the increase corresponding to the complementary works may be to reach a maximum of 25 per 100 of the budget of the one, provided that it obeys to needs of architectural, historical or environmental interest, deriving from the adequacy of the characteristics of the building to the purpose of the rehabilitation.

Art. 19. Financing scheme for the rehabilitation of endowments and social equipment.-1. Rehabilitation actions on buildings of endowments or social equipment which are included in areas subject to a general housing rehabilitation programme may be eligible for the majority of the financing arrangements applied to them, up to a maximum of 70 per 100 of the budget eligible for action on such buildings.

2. Where such actions are not linked to housing rehabilitation programmes, they may benefit from the free rehabilitation scheme up to a maximum of 70 per 100 of the eligible budget for the action.

If the property undergoing rehabilitation is found in areas with a majority of houses of official protection, the financing may reach up to 80 per 100 of the aforementioned budget.

3. The rehabilitation of buildings for the provision of equipment and equipment, in areas covered by urban improvement programmes, may be eligible for the protected rehabilitation scheme in a percentage not exceeding 80 per 100 of the budget. protection of the performance of such buildings.

4. The budget for the rehabilitation of endowments and social equipment referred to in this Article shall exclude the partial amounts and amounts which, if any, are provided for the same purpose by other entities or bodies. Public bodies responsible for the matter. The percentages of funding for this protected budget may be modified by the Order of the Ministry of Public Works and Urbanism.

5. Where these rehabilitation measures are included in areas with rehabilitation programmes for housing or improvement of the urban environment, they will be eligible for aid and specific grants which the Institute may provide for these purposes. Public Promotion of Housing.

SECTION 3. SCHEMES FOR ACTION

Subsection 1. Free Retalk Regime

Art. 20. Concept.-It will be understood by free rehabilitation actions that to fulfill the requirements demanded by this Royal Decree obtain the benefits and the funding established, prior to the corresponding certification granted by the State to through the Ministry of Public Works and Urbanism or by other territorial public entities to which this competence is attributed.

Art. 21. Loans.-The amount of the loans may reach the total of the budget protected from the actions and shall not exceed 50 per l00 of the module applicable according to the corresponding homogeneous geographical area.

Art. 22. Personal grants.-1. The grant of the grants shall be in accordance with the following conditions

(a) When the rehabilitation is promoted by the user of the dwelling and the works that are carried out to achieve the structural or habitability adequacy, the amount of the grant shall be 5 per 100 of the budget may be protected without exceeding 50,000 pesetas if their annual family income is between 1.5 and 3.5 times the annual inter-professional minimum wage, and shall be 10 per 100, without exceeding 100 000 pesetas, if the said revenue is less than 1.5 times the indicated salary.

b) When the rehabilitation is promoted by the user of the house and works are carried out which, in its virtue, allow to simultaneously achieve the structural and habitability adequacy the grant will be 10 per 100 of the (b) the amount to be paid, up to a maximum of 100 000 pesetas, if the annual family income is between 1.5 and 3.5 times the annual inter-professional minimum wage, and shall be 15 per 100, without exceeding 150,000 pesetas, if the Income was less than 1.5 times the salary indicated.

b) Where the promoter of the rehabilitation is the owner of a rented or transferred dwelling and the works which are carried out permit the achievement of the structural or habitability adjustment, the amount of the housing grant shall be 5 per 100 of the eligible budget, not exceeding 100 000 pesetas, and shall be 10 per 100 of the eligible budget, without exceeding 150 000 pesetas, when works are carried out which, in their virtue, allow for the simultaneous attainment of the structural and habitability.

2. Where no loan is requested for rehabilitation operations, the corresponding subsidy for each of the above cases may be up to 20 per l00 of the eligible budget, with a total of 100 000 pesetas maximum established in each case.

3. By Order of the Ministry of Public Works and Urbanism the amounts fixed in this article may be modified.

Subsection 2. Private Promotion Protected Rehabilitation Regime

Art. 23. Concept.-1. It shall be understood by private promotion protected rehabilitation actions which, in compliance with the requirements set out in this Royal Decree, obtain the benefits and funding established, subject to their provisional qualification, granted by the State through the Ministry of Public Works and Urbanism or by those territorial public entities to which this competence is expressly attributed, and at the end of the works obtain the definitive qualification that will determine the maximum limits for the sale and rental of rehabilitated homes and premises.

2. This scheme may be used only for the purposes of ensuring that there is at least 70 per 100 of the dwellings of the property concerned.

3. When action is taken on housing for official protection, in any of its schemes, the action must comply with the technical standards of design and quality which are in force in the construction of the building.

Art. 24. Loans.-The amount of the loans may reach the total of the budget eligible for the actions and shall not exceed 60 per 100 of the module applicable according to the corresponding homogeneous geographical area.

Art. 25. Personal grants.-The grant of the grants shall be in accordance with the following conditions:

1. Where the housing user promotes the actions, the amount of the grant shall be 10 per 100 of the eligible budget, without exceeding 100 000 pesetas, if his or her family income is between 1.5 and 3.5 times the salary Annual interprofessional minimum, and shall be 15 per 100, without exceeding 150,000 pesetas, if the above income is less than 1.5 times the indicated salary.

2. Where the dwellings are intended for the lease or other transfer scheme, the sponsor shall obtain a grant of the l0 per 100 of the eligible budget, without exceeding 150 000 pesetas for rehabilitated housing.

3. In the first transmission of a rehabilitated dwelling not promoted by its user the acquirer may obtain a grant of 10 per 100 of the protected budget updated at the time of purchase, without exceeding 100,000 pesetas, if its Annual family income is between 1.5 and 3.5 times the annual inter-professional minimum wage, and will be 15 per 100 of the eligible budget, without exceeding 150,000 pesetas, if their household income is less than 1.5%. times the indicated salary.

4. Where no loan is requested for rehabilitation operations, the corresponding subsidy for each of the above cases may be up to 35 per 100 of the eligible budget, with a total of 100 000 pesetas maximum established in each case.

5. By Order of the Ministry of Public Works and Urbanism the amounts fixed in this article may be modified.

Art. 26. Personal economic aid.-The acquirer of a house already rehabilitated or in respect of which his rehabilitation is guaranteed may be a beneficiary of the personal economic aid, provided for the access to the property of the protection housing Official in the Royal Decrees 3148/1978, of 20 November and 1224/1983, of 6 May, with the limits and conditions foreseen in the same and the specialties of processing that are determined in the development of the present Royal Decree.

Subsection 3. Public promotion protected rehabilitation scheme

Art. 27. Concept.-1. It shall be understood by actions of protected rehabiltation of public promotion that are carried out without profit by the State, through the Ministry of Public Works and Urbamsmo, or by the territorial public Entes to those who expressly know attribute this competence within their territorial areas, with their corresponding budgets.

2. Public promotion protected rehabilitation activities may be carried out by direct management or by the Convention.

3. The Institute for the Public Promotion of Housing may sign agreements for these actions with the territorial public authorities, directly or through its management bodies, and with other public entities.

4. The Ministry of Public Works and Urbanism will establish the basic conditions of the Conventions which, in any case, will have to regulate the amount of the contribution of the Institute for the Public Promotion of Housing, which will have the nature of where the person is not the holder of the promotion, the time limits, the amount and the form, and the terms of return.

5. The loans provided for in the agreements with joint ventures or companies will be secured by mortgage.

Art. 28. Object.-1. The protected rehabilitation scheme for public promotion may be applied to actions on buildings the construction of which would not have been carried out under the exceptional scheme of Article 32 of the Official Protection Housing Regulation. adopted by Decree 2114/1968 of 24 July 1968 or on the public promotion of Articles 38 et seq. of Royal Decree 3148/1978 of 10 November 1978 or which, if not, are subject to a deferred access to the property or in the leasing.

2. The protective measures used by this protection scheme must be capable of achieving the suitability of habitability in all the houses concerned.

When action is taken on housing for official protection in any of its schemes, the actions must comply with the technical standards of design and quality that are in force at the time of their construction.

3. Where the rehabilitation action is carried out in wholly or partially occupied buildings and the acting administration decides to ensure the rehoming of the affected users within the same performance, the schemes may be combined protected rehabilitation of private promotion and public promotion in the same building with the corresponding guarantees.

Art. 29. General Regulation.-1. The purpose of the protected rehabilitation activities of public promotion shall be to adapt housing for those persons in which the requirements laid down in the Order of the Ministry of Public Works and Urbanism of 17 November 2009 are met. 1980, on the award of public promotion housing.

2. The sale price of the rehabilitated houses under public promotion will be equal to that set for the houses of new construction of public promotion in Royal Decree 3148 /l978 of 10 November.

3. Dwellings rehabilitated under this scheme must be transferred preferably for rent and their maximum annual income per square metre of useful area shall be determined by the same percentage as for the purposes of the housing. public promotion of new construction. The conditions for biannual review shall be those laid down in Article 53 of Royal Decree 3148/1978 of 10 November 1978.

4. Dwellings rehabilitated under public promotion which have been granted for sale may only be transferred to the second or successive transmissions by their owners only when five years have elapsed since the date of the sale. the contract of sale, and provided that the economic benefits obtained have been reintegrated and the whole of the quantities deferred has been made effective.

5. In this case, the public promoters may exercise the rights of tanteo and retract in accordance with Articles 1.507 et seq. of the Civil Code, for which the exercise of such rights shall be expressly stated in the contracts. for the first transmission, which they subscribe to with the acquirers.

Art 30. Rehabilitation of the residential heritage of the Institute for Public Promotion of Housing.-1. The Institute for the Public Promotion of Housing will be able to perform rehabilitation activities under public promotion on its own heritage. Any action taken in this property on the basis of an improvement must be accommodated in the rehabilitation schemes provided for in this Royal Decree.

2. The implementation of these rehabilitation actions in buildings of dwellings under deferred access to the property will lead to the early repayment of the same for the purposes of their purchase by their legitimate holders, or their conversion to the rental scheme.

3. Where, in accordance with the provisions of the preceding paragraph, the replacement of the deferred access to the property by the rental property is agreed between the users and the Institute for Public Promotion of Housing, the said system shall be authorised Institute for the return of the updated amounts which it would have received in the concept of deferred access, after deduction of those corresponding to its tenure up to that time under the lease. In that case, the previous holders will be able to continue in the use of the house if they will need it.

Art. 31. Program for the rehabilitation of the patrimony of the Institute for the Public Promotion of Housing.-1. The Institute for the Public Promotion of Housing will develop a program of rehabilitation of its own patrimony that includes the complementary works and the rehabilitation of the necessary endowments, according to the criteria regulated in this Dyspcsition.

2. The legitimacy of the situations of use and ownership of the homes affected by the rehabilitation will be a prerequisite for the implementation of these actions.

3. These actions will require the prior declaration of need, by ministerial order, in which the concrete aspects of financing, agreements between the parties, management and all those necessary for its implementation will be regulated.

4. The Institute for Public Promotion of Housing may authorize the application of this rehabilitation scheme in general or in part, in accordance with the provisions of Article 28 of this Royal Decree, to those housing groups whose It was tutored by the National Housing Institute, provided that its convenience was proven by the exceptional and widespread degradation in which they could be found. For these purposes, the Institute for Public Promotion of Housing shall be entrusted with the ministerial order, management and management for such groups.

SECTION 4. MANAGEMENT AND PROCESSING

Art. 32. Reqimen qeneral of tenure and use of dwellings.-1. Natural and legal persons may be owners of the rehabilitated dwellings.

Only natural persons may be users of rehabilitated dwellings.

2. The system of use of rehabilitated dwellings may be both in property and in leasing or other forms of use and enjoyment.

3. The rehabilitated dwellings must be dedicated to regular and permanent residence, without any concept being able to be used for second residence or for any other use. For these purposes, the provisions of Article 3 of Royal Decree 3148/1978 of 10 November 1978.

Art. 33. Price of sale and rent and incidents in the rental in the protected rehabilitation.-1. The selling price per square meter of private-promotion protected rehabilitation dwellings shall be, for each homogeneous geographical area, equal to or less than the applicable module (M), in force at the date of the award of the qualification. definitive rehabilitation of protected areas.

2. The annual initial maximum income per square metre of the useful area of such dwellings shall be determined by a percentage established by Order of the Ministry of Public Works and Urbanism applicable to the selling price which is in accordance with the present Royal Decree corresponds at the time of the conclusion of the lease and is fixed at 6 per 100.

This income may be revised biannually in accordance with the changes that the subgroup three-point index (3.1) , published by the National Statistics Institute, experiences in this period.

3. The limitation of sales and income prices established for private-promotion sheltered rehabilitation housing shall be maintained for a period of 15 years from the final qualification for rehabilitation.

4. In dwellings previously covered by official protection, the time limit for the release of their sales and income schemes shall be increased by the time limit laid down in the preceding paragraph where such dwellings are made available. protected rehabilitation actions.

In such dwellings, the increase in income to be fixed in the Conventions as a result of rehabilitation works may not exceed 12 per l00 per year of the invested capital. This increase will be independent of those experienced by the module review.

Art. 34. Agreements for rehabilitation under rental arrangements.-1. The relationship between owners and tenants of tenancies, on which rehabilitation actions are carried out, shall be governed by Convention between the parties, which shall include at least the following aspects:

(a) The impact of the rehabilitation works on the contractual income or the resulting income after the rehabilitation.

b) The conditions of the accommodation during the performance of the works, if necessary, to enable the performances.

c) The conditions of access to the property by the tenants, if any.

2. The agreements must be signed, at least, by the three fifths of the tenants or tenants in order to be able to proceed to rehabilitation. In the case of housing for official protection, the majority of its legislation shall apply.

3. These Conventions may be signed by the Territorial Administrations and the competent public authorities in order to assist in the development of the actions and to provide economic aid to the users who are manifestly insolvent.

In this case, the changes in income due to the impact of the works may be assumed by the public entities acting in accordance with the conditions set out in the Convention.

4. The provisions of this Article are without prejudice to the provisions of the Urban Leases Act.

Art. 35. Repayment of the amount of the works.-The lessor will be obliged to reintegrate the amount of rehabilitation works carried out by the tenants or tenants under the conditions laid down in Article 110 of the Law on Urban Leases, unless otherwise agreed.

Art. 36. Orders for the execution of rehabilitation works .1 Rehabilitation actions may be carried out as soon as there is an administrative or judicial decision imposing the obligation on the owner of the dwellings to carry out works which may be covered by this provision.

2. The Territorial Public Administrations may order the carrying out of such works, in accordance with the provisions of the legislation in force and, where appropriate, in the Municipal Ordinance, in order to preserve the housing or property in the State of serve for use.

Art. 37. Application for benefits.-1. Applications for the benefits set out in this Royal Decree will be made to the Provincial Directorates of the Ministry of Public Works and Urbanism or competent public.

2. The Order of the Minister of Public Works and Urbanism will determine the procedure for granting the indicated benefits.

Art. 38. Perception of the personal grant.-1. Personal subsidies for rehabilitation activities may be received by the owner of the rehabilitated house or by the promoter of the performance.

The agreement between landlords and tenants will determine the beneficiary of such grants.

2. The grant will be collected after the completion of the rehabilitation works.

3. The Provincial Directorates of the Ministry of Public Works and Urbanism, verified the conditions laid down shall issue proof of the right to receive grant.

4. If the grant is received prior to the completion of the works, it will have the consideration of refactionary loan without interest.

5. For the purposes of processing and approval, priority will be given to grant applications promoted by public entities and protected rehabilitation actions on free rehabilitation.

Art. 39. Guarantees of the grant of the grant.-1. In order to ensure compliance with the purpose of the grant, the Administration may require the beneficiary to take the preventive annotation in the Land Registry of the resolution for which it is granted, in accordance with the terms set out in the Article 26.2 of the Mortgage Act.

2. Failure to comply with the obligations and commitments entered into by the beneficiary during the period laid down will require the amount of the subsidy to be reintegrated.

3. The Administration may require the beneficiary to provide the necessary guarantees, including the mortgage to ensure the repayment of the subsidy in the event of non-compliance. The non-refoulement of the same will entitle the Admistration to adopt the appropriate measures in accordance with the mortgage legislation.

Art. 40. Penalties for non-compliance with the financing conditions.-1. The Provincial Directorates of the Ministry of Public Works and Urbanism will be able to verify the adequacy of the works carried out with the requested rehabilitation, as well as to carry out any actions considered necessary to prove the habituality of the applicant's domicile for the loan or grant in relation to the rehabilitated housing.

2. Where the rehabilitation works are not initiated or are paralyzed after the completion of the loans for a period exceeding four months, the decision on the early repayment of the loans may be made, except for reasons of force greater than or not attributable to the borrower.

3. In the event of non-compliance with the provisions of this Royal Decree and the rules that are issued for its development, it will be in accordance with Articles 56 and 57 of Royal Decree 3148/1978 on 10 November.

CHAPTER III

Integrated Rehabilitation Areas

Art. 41. Purpose of the declaration.-1. The declaration of areas of integrated rehabilitation will aim to coordinate the actions of the Public Admmistrations and the promotion of the private initiative, aimed at rehabilitating in an integrated way the urban assemblies and areas Rural areas of architectural, historical artistic, cultural, environmental or social interest.

2. The integrated rehabilitation area declaration shall include the delimitation of the urban or rural space within the area and the declaration of urgency for the purposes of the Law on Compulsory Expropriation.

Art. 42. Requirements for the integrated rehabilitation area declaration.-1. There will be requirements for the integrated rehabilitation area declaration:

(a) That the area is affected by an urban planning that contains and develops criteria for the protection, conservation and integrated rehabilitation of the area.

(b) When the planning planning is carried out, the Directorate-General for Territorial Action and Urbanism may provide its collaboration for the drafting of such planning, without prejudice to the legally established powers to its processing and approval.

c) The performance of rehabilitation studies that, in accordance with the criteria of urban planning, contain information about the area, analyze their conditions and formulate proposals for action.

At the request of the City Council or Public Territorial the Directorate General of Architecture and Housing will be able to carry out the indicated rehabilitation studies.

d) In the case of historical-artistic ensembles, prior resolution of the General Direction of Fine Arts and Archives will be necessary in which the specific conditions of the supplementary are established.

2. In the case of areas affecting areas or facilities which are of interest to the national defence in the terms laid down in the Law of 12 March 1975, rehabilitation studies shall be subject to specifications and limitations. established in the same.

Art. 43. Procedure for the declaration.-1. The application for an integrated rehabilitation area declaration shall be made by the City Council or Public Territorial Authority competent to the Ministry of Public Works and Urbanism.

The Directorate-General for Architecture and Housing and Territorial Action and Urbanism will report a request and, if necessary, raise a proposal for an area declaration to the Minister of Public Works and Urbanism.

2. The integrated rehabilitation araa declaration will be produced by Royal Decree on the proposal of the Minister of Public Works and Urbanism.

When action is taken on an urban area or rural area declared as a historical-artistic set or in the process of obtaining it, the declaration will be made on the joint proposal of the Ministers of Public Works and Urbanism and of Culture.

Art. 44. Commission Gestora.-1. For each integrated rehabilitation area, a Gestora Commission will be constituted within the respective City Council.

2. By Order of the Minister of Public Works and Urbanism and prior to agreement with the City Council or Ayalcades concerned and with the Autonomous Ente affected, its rules of composition and operation will be determined, with the establishment of the framework of more appropriate management, without prejudice to the competences of each interested ministerial or territorial department.

The Gestora Commission will, in any case, assume the following functions:

a) The elaboration, development and control of the Annual Program of Actions.

b) Coordination and advice to the individuals and bodies concerned.

c) The management of the actions.

d) The promotion of citizen participation in relation to the elaboration and development of the program.

e) The elaboration of the reports provided for in Article 46.2 of this Royal Decree.

Art. 45. Annual Action Programmes.-1. The Gestora Commission will evaluate the proposals of the rehabilitation studies and will work out Annual Action Programmes, proposing their approval to the Ministry of State and Regional Authorities concerned.

2. The approved programs will be binding on the Public Administrations concerned, which will execute the scheduled actions from their budgets through direct management or through Conventions with Public or Private Entities.

Art. 46. Follow-up of the proceedings.-1. The Minister of Public Works and Urbanism shall exercise the functions of monitoring and coordinating the actions, without prejudice to the competences of the Departments or Intervinlient Bodies.

2. For these purposes. The Management Committees shall draw up a report on the actions taken in the previous year and their suitability for the corresponding programmes, which shall be submitted to the Minister for Public Works and Urbanism. This report will serve as a basis for the development of the programmes of the following annuities.

FINAL PROVISIONS

First.-The Royal Decrees 375/1982 of 12 February, and 255/1982 of 24 September, and all the provisions of this Royal Decree are hereby repealed.

However, as long as the provisions for the development of this Royal Decree are not published, the Ministerial Orders of 23 April 1982 and 24 November 1982 will continue in force.

Second.-By the Ministers of Economy and Finance, Public Works and Urban Planning and Culture, the provisions for the implementation and development of the preseute Real Decreto.

Third.-The powers conferred on the State Administration in this Royal Decree are without prejudice to those which might correspond to the Autonomous Communities in the light of transfers of powers already (i) the Commission's position on the matter.

Fourth.-This Royal Decree will enter into force the day after its publication in the Official Journal of the State.

TRANSIENT DISKS

First.-Private Banking and Savings Banks are authorized to grant loans for rehabilitation within the financial resources allocated to the 1981-83 Triennial Program, according to arranged in this Royal Decree.

The interest rate on these loans will be 14 per 100 and the repayment term will be twelve years plus one of a lack.

This authorization will extend to the possible extension of the said Triennial Program.

Second.-The rehabilitation measures which, at the entry into force of this Royal Decree, have been granted flnancing under the provisions of the Royal Decrees 375/1982 of 12 February 1982 and 2555/1982 of 24 September 1982, continue to be governed by the provisions laid down in those provisions.

Third.-The applications for financing that on the date of entry into force of this Royal Decree are pending their grant may, within one month, be eligible for the benefit of the provisions of this provision or continue processing.

Given in Madrid to July 28, 1983.-JUAN CABLOS R.-The Minister of the Presidency Javier Moscoso del Prado and Muñoz.