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Royal Decree 924/2015 Of 16 October, The Statute Of The Autonomous Body Institute Of Housing, Infrastructure And Equipment Of Defense Approved.

Original Language Title: Real Decreto 924/2015, de 16 de octubre, por el que se aprueba el Estatuto del organismo autónomo Instituto de Vivienda, Infraestructura y Equipamiento de la Defensa.

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TEXT

The additional fifteenth provision of Law 26/2009, of 23 December, of General Budget of the State for the year 2010, approved the recasting of the autonomous bodies Institute for Housing of the Forces Navies and Infrastructure Management and Defense Equipment, establishing that the new Institute of Housing, Infrastructure and Defense Equipment, hereinafter INVIED, as a body resulting from the said recast would assume the functions, rights and obligations of the two bodies, referring to further development for the full assumption and implementation of their competences.

Responding to the principles of effectiveness and efficiency, it was considered the appropriate channel for joint efforts in the management and disposal of military housing, its own property and the position at its disposal.

This autonomous body therefore assumed the functions, rights and obligations which, up to that point, were developed by the abovementioned autonomous bodies and by new ones, which was mentioned in the second paragraph of Article 5 (1) of Regulation (EU) Law 26/2009, of 23 December, attributed to him, which are the management, exploitation, utilization and, even, the disposal, both in the domestic and abroad of the movable goods destined to the defense that are put at his disposal for the fulfillment of its aims and the possibility that the Ministry of Defense entrusts the the economic and commercial use and exploitation of the goods concerned to the public domain whose characteristics, status and use arrangements make this type of additional use possible.

In this way, through Royal Decree 1286/2010, of October 15, the INVIED Statute was approved.

For its part, the Military Service of Constructions, hereinafter SMC, created by Law of 2 March 1943, and regulated by Royal Decree 1143/2012, of 27 July, by which its Statute was approved, was an autonomous body that the execution of works related to the needs of the Defense entrusted to him, the execution of works of national interest, when, for circumstances that are in the same way, it was agreed by the Government and the works public in charge of any Ministry, when they could not have been executed for being The invitation to tender, provided that it is requested by the Minister of Defense, the holder of the Department to whom it affects the work to be carried out.

Within the process of streamlining the structures of the General Administration of the State, carried out by the Government, in order to convert the Spanish Administration into a factor of efficiency and productivity that The Commission for the Reform of Public Administrations (CORA), set up by the Council of Ministers ' Agreement of 26 October 2012, has produced a report, which has been set up by the Council of Ministers for Economic and Social Affairs (CORA). the Council of Ministers on 21 June 2013, in which, among other proposals, it included the The integration of the autonomous body SMC into the autonomous body INVOLVED in considering that the latter responds to the type of organism for more general purposes and which provides a greater volume of resources and activity.

In its virtue, the Law 15/2014 of 16 September, of rationalization of the Public Sector and other measures of administrative reform has been approved, in which article 1 the integration of the SMC in the INVIED is approved, establishing in its paragraph 2, that the INVIED shall retain its status as an autonomous body as provided for in Article 43.1.a of Law 6/1997 of 14 April of the Organization and the Functioning of the General Administration of the State, as well as its legal personality (a) a total of EUR [1] (a) [1] (a) of the to act, within the sphere of its competence and for the fulfilment of the purposes laid down in Law 26/1999, of July 9, of measures to support the geographical mobility of the members of the Armed Forces, Article 71 of Law 50/1998, of 30 December, of Fiscal Measures, Administrative and Social Order, the additional fiftieth of Law 26/2009, of 23 December, and by Royal Decree 1286/2010, of October 15; and will assume the purposes and functions entrusted to the SMC in the Law of 2 March 1943 and Royal Decree 1143/2012 of 27 July 2012, subrogating itself to its rights and obligations, in addition to the execution of works with its budget for the General Staff of the Armies, Central Organ and other agencies under the Ministry of Defence.

On the other hand, due to the need for an integrated budget for the INVIED for the financial year 2015, and in order to ensure that all expenditure and revenue resulting from the financial year 2015 can be made effective. the activity of the two integrated agencies since January 1, 2015, by the final disposition twenty third of the Law 36/2014, of December 26, of the General Budget of the State for 2015, has been modified the Law 15/2014, of 16 of September, in the sense of eliminating the deadline for effective integration of the SMC into the said Institute, which contained in that law, and, with effect from 1 January 2015, to roll back its organic and functional dependence upon the entry into force of that law.

In accordance with the above, with the fundamental aim of adapting the INVIED Statute to the integration provided for in the Law on the rationalization of the Public Sector and other measures of administrative reform, as set out in Article 1.3, and considering the necessary improvements to be made, as a result of the experience gained since the creation of the INVIED, it is necessary to approve this royal decree, which is coherent, not only with the rules governing the autonomous bodies which were recast at the time, that is to say, with Article 71 of Law 50/1998, of 30 December, of adaptation of the autonomous agency Management of Infrastructure of Defense to Law 6/1997, of April 14, and with Law 26/1999, of July 9, but also with the regulations of the agency that is now integrated, that is, the Law of March 2, 1943 and its Statute approved by Royal Decree 1143/2012 of 27 July.

The purpose of the real estate and development activities of the new agency will be to guarantee the precise financing for its own operation, the construction or the acquisition of infrastructure and equipment for its use by the Armed Forces, the fulfillment of the aims of attention to the geographic mobility of its members, the professionalization and modernization of the Defense and the personnel to the service of it and the contribution to the development of specific programs of research, development and innovation in this field.

This rule provides for the powers already entrusted to it by the INVIED in its Staff Regulations, and, pursuant to Article 1 of Law 15/2014, of 16 September, those entrusted by the SMC, as well as the execution of works, with the budget of the agency, for the General Headquarters of the Armies, Central Organ and other agencies dependent on the Ministry of Defense, in accordance with the Investment Plan of the agency, in coordination with the General Address of Infrastructure.

In its virtue, at the initiative of the Minister of Defense, and on the proposal of the Minister of Finance and Public Administrations, according to the State Council, and after deliberation by the Council of Ministers at its meeting on October 2015,

DISPONGO:

Article first. Integration of the Military Construction Service at the Institute of Housing, Infrastructure and Defense Equipment.

In accordance with the provisions of Article 1 of Law 15/2014 of 16 September 2014 on the rationalization of the Public Sector and other measures of administrative reform, and produced, dated January 1, 2015, effective integration of the Military Service of Construction (SMC) in the Institute of Housing, Infrastructure and Equipment of Defense (INVIED), by this royal decree the conditions and form of such integration are established, as well as the extinction of the SMC.

Article 2. Approval of the INVIED Statute.

The INVIED Statute is approved, which is then inserted in accordance with the provisions of Article 1.3 of Law 15/2014 of 16 September.

Additional disposition first. Regulatory referral.

1. All the references of the current regulations to the extinct Institute for Housing of the Armed Forces, Management of Infrastructure and Equipment of Defense, and SMC, will be understood to be made to INVIED.

2. All existing competition delegations in favour of the Managing Director of the Institute for Housing of the Armed Forces, the Managing Director of Infrastructure Management and Defence Equipment and the Managing Director of the SMC, shall be understood to be the Managing Director of INVIED.

Additional provision second. Integration of heritage.

1. All assets, rights and obligations belonging to the SMC's assets are considered to be incorporated into the assets of the INVIED since 1 January 2015.

2. In accordance with Article 1.2 of Law 15/2014 of 16 September 2014, the INVIED will assume the purposes and functions entrusted to the SMC in the Law of 2 March 1943 establishing the SMC, and in Royal Decree 1143/2012, of 27 of July, by which the Staff Regulations are adopted, subrogating themselves to the rights, obligations and all kinds of legal relations which correspond to the autonomous body deleted, under the conditions laid down in this Statute.

3. Changes in ownership of the said rights, obligations and legal relations which correspond to the deleted autonomous body produced as a result of the subrogation referred to in the preceding paragraph shall in no case be the termination of contracts or pre-existing legal relationships.

Additional provision third. Incorporation of SMC housing.

According to the provisions of article 1.5 of Law 15/2014, of September 16, the houses that are part of the patrimony of the SMC, will be integrated into the patrimony of the INVIED, with the qualification of military houses not to be inajable. Their destination may be subsequently modified when the initial circumstances vary by the Minister of Defence under the authority recognised in Article 19 of the Staff Regulations which is approved by this royal decree.

In relation to the right of use, the aforementioned dwellings shall apply to them as set out in Article 20 of the Statute which is approved by this royal decree.

Additional provision fourth. Director Plan.

In matters relating to the payment of economic compensation, the award of military housing under special lease arrangements and the granting of aid for access to housing property, the Deputy Secretary of Defense draw up an annual director plan, which shall be approved by the plenary of the Governing Council of the body, prior to its implementation, in which the measures and criteria to be followed in the development and implementation of those matters shall be laid down. The Governing Council shall be responsible for monitoring and monitoring the implementation of that plan.

Additional provision fifth. No increase in public spending.

The new Statute that is approved with this royal decree and the other measures that are regulated in it, will be carried out without increase of endowments, nor of salaries or other personnel expenses.

Additional provision sixth. Financing of management posts.

To comply with the provisions of the additional twenty-fourth provision of Law 36/2014 of December 26, of the State Budget for the year 2015, which states that during the year 2015, any new action The Ministry of Defense will not be able to assume a net increase in the expenditure of personnel at the service of the administration, the financing of the new general sub-directorate, in which the structure of the Ministry of Defense is increased to the The entry into force of this royal decree, will be carried out by the reduction in the relations of military posts of at least one post assigned to the employment of Brigadier General, in such a way as to fully compensate for personnel costs.

First transient disposition. Transitional staff arrangements.

1. The official, military and labor personnel who are serving in the SMC will be assigned to the INVIED, and will be respected the administrative or labor situation in which it is located at the moment the integration takes place until it is adopt the measures of development of this royal decree.

2. The administrative units and posts of lower organic level to the Subdirectorate General will continue to remain and, depending on the Subdirectorates General of the INVIED, according to the functions attributed to each of them in the Statute to be adopted by means of this royal decree, except for the provisions of the transitional provision sixth for the current delegations of the SMC.

Second transient disposition. Homes unaffected.

The homes affected and that would have been made available to the defunct Infrastructure and Defense Equipment, when they are classified as military housing according to the requirements that are determine in the Staff Regulations which are adopted by means of this royal decree, shall be drawn up in accordance with the provisions of Chapter II of Title III thereof.

Transitional provision third. Transitional arrangements for the disposal of buildings.

Without prejudice to the regime laid down in the sixth additional provision of Law 33/2003 of 3 November of the Heritage of Public Administrations, and until the end of the validity of the system of management of assets provided for in the additional seventh provision of the said law, the INVIED will be able to dispose of the military houses and other real estate that are registered in the different records of the property in favor of the Institute for the Housing of the Forces Armed forces or the defunct military houses of the Army of Land, of the Casas de la Navy and Air Force Homes, Defense Infrastructure and Equipment Management, and SMC, as well as all those buildings that are available to you, without the need to update the registry entitlements of the goods.

Transitional disposition fourth. Budget implementation.

As provided for in Law 36/2014 of 26 December, and in Law 47/2003 of 26 November, General Budget, since 1 January 2015 there is a single budget of the INVIED, with which it is allocated shall not be bound by all the obligations relating to the operations carried out by the bodies involved.

Transient disposition fifth. The validity of certain rules.

As long as there are homes to which they are applicable, the following provisions shall remain in force:

(a) Ministerial Order 26/1993 of 17 March, governing the arrangements applicable to the dwellings referred to in Article 44 of Royal Decree 1751/1990 of 20 December 1990.

(b) Ministerial Order 127/1993 of 28 December 1993 laying down the new charges for the use of dwellings referred to in Article 44 of Royal Decree 1751/1990 of 20 December 1990 governed by the Ministerial Order 26/1993, 17 March.

Transitional disposition sixth. Arrangements for the SMC Delegations.

The SMC delegations, which exist at the moment of approval of this royal decree, will continue to remain as delegations of works of the INVIED with the territorial scope that will be established until the works are finished entrusted to the SMC to which the following transitional provision refers, at which time they will be integrated into the heritage areas of the Defence Subdelegations, depending on the bodies and functionally of the INVIED for the development and execution of their functions.

To the corresponding areas of heritage will be incorporated the personnel from the SMC necessary to exercise the functions entrusted to the Subdirectorate General of Works in the Statute that is approved by this royal decree, prior to agreement with the Directorate-General for Personnel and the Technical General Secretariat.

As long as they are considered to be the works of the INVIED, its creation or deletion, according to the operational needs, will be done by the Managing Director of the agency, prior to the relevant authorizations.

Transitional disposition seventh. Transitional arrangements for works already entrusted to the SMC.

1. The works entrusted to the SMC by other organs of the Administration prior to the entry into force of this royal decree, will continue to be executed by the INVIED until its completion with the criteria used by the SMC according to the specialties and development of the work.

2. The delegations of powers held by the Managing Director of the SMC shall continue in force and shall be understood by the Managing Director of INVIED until new ones are issued.

Transient disposition octave. Eviction files.

In the cases of eviction that are in the process of the entry into force of this royal decree and in those who have received administrative resolution, no firm judgment has been given, in which they are present. the conditions and conditions laid down in Article 25 of the Staff Regulations, which are adopted by means of this royal decree, by the concurrence of situations of serious need or the exceptions laid down in the Resolution of the Article 31 (1) (b) of the Treaty shall be issued on the basis of a motion for a resolution, or, where appropriate, shall be withdrawn from the the application for entry into the home of any stage of the procedure, even if the corresponding car has fallen.

Single repeal provision. Regulatory repeal.

1. Royal Decree 1286/2010 of 15 October, approving the Statute of the autonomous agency Institute of Housing, Infrastructure and Equipment of Defense, with the exception of the final disposition of the institution, and the Royal Decree of 15 October 2010, are hereby repealed. Decree 1143/2012 of 27 July 2012 approving the Statute of the autonomous body of the Military Service of Constructions.

2. Likewise, the provisions of equal or lower rank are repealed as set out in this royal decree.

Final disposition first. Powers of development.

The Minister of Defense is authorized to dictate, in the field of his powers, how many provisions are necessary for the development and implementation of this royal decree, without prejudice to the express authorizations that he collect.

Final disposition second. Entry into force.

This royal decree will enter into force on the day following its publication in the "Official State Gazette".

Given in Madrid, 16 October 2015.

FELIPE R.

The Minister of Finance and Public Administrations,

CRISTOBAL MONTORO ROMERO

STATUTE OF THE AUTONOMOUS BODY INSTITUTE OF HOUSING, INFRASTRUCTURE AND DEFENSE EQUIPMENT

TITLE I

From the Institute of Housing, Infrastructure and Defense Equipment

CHAPTER I

General provisions

Article 1. Nature and membership.

1. The Institute of Housing, Infrastructure and Equipment of Defense, hereinafter INVIED, created by the additional quincuagesth provision of Law 26/2009, of December 23, of General Budget of the State for the year 2010, set up as an autonomous body, dependent on the Ministry of Defence, integrated into the Secretariat of State of Defence, attached to the Directorate-General for Infrastructure, and subject to the arrangements laid down for public bodies in Title III of Law 6/1997 of 14 April of the Organization and the Functioning of the General Administration of State, without prejudice to the exceptions provided for in Article 2 of this Statute in respect of the property regime of military dwellings.

2. The autonomous body INVIED has a distinct public legal personality, its own assets and its own treasury, as well as the autonomy of management and full capacity to act, within its sphere of competence, for the exercise of powers In order to comply with the objectives referred to in Article 71 of Law 50/1998 of 30 December 1998 on Fiscal, Administrative and Social Order Measures, and Law 26/1999 of 9 July on measures to support the geographical mobility of the members of the Armed Forces, attribute to the Management of Infrastructure and Equipment of Defense and to the Institute for Housing of the Armed Forces, respectively, as well as those attributed to the Military Service of Constructions by Law of 2 March 1943, for which the Military Service of Constructions is created, assuming the functions, rights and obligations as set out in the aforementioned additional quincuagth provision of Law 26/2009 of 23 December, and in Article 1 of Law 15/2014 of 16 September 2014 on the rationalisation of the public sector and other measures administrative reform, and in this statute.

Article 2. Legal framework.

The INVIED, is governed by Law 15/2014, of 16 September, by the additional fifteenth provision of Law 26/2009, of 23 December, by the provisions contained in article 71 of Law 50/1998, of 30 of In Law 26/1999, of 9 July, in the Law of 2 March 1943, as well as by Law 30/1992, of 26 November, of the Legal Regime of Public Administrations and of the Common Administrative Procedure, Law 6/1997, of 14 April, the Law of Law 33/2003, of 3 November, of the Heritage of Public Administrations, Law 38/2003 of 17 November, General of Grants, Law 47/2003 of 26 November, General Budget, regarding the budgetary, economic and financial, accounting and intervention arrangements, the recast of the Law on Public Sector Contracts, approved by the Royal Legislative Decree 3/2011 of 14 November, Law 24/2011 of 1 August, of Public Sector Contracts in the fields of Defense and Security and the recast of the Law of Soil, approved by Royal Decree The Court of Law of 20 June, by the rules implementing those laws, in respect of which they are contained in this statute and other applicable regulations, with the exceptions laid down in that Law 26/1999 of 9 July, with regard to the property regime of military dwellings.

Article 3. Estate regime.

1. The patrimony of the Institute is integrated, in addition to those assets assigned to it by the General Administration of the State, for the buildings, land, property and rights of the extinct Management of Infrastructure and Equipment of Defense, of the extinct Patronates of Military Houses, of the extinct Institute for Housing of the Armed Forces and of the Military Service of Constructions, as well as the houses classified as military housing and those goods and rights that acquire in the course of his or her management or be incorporated by any public or private person; for any title.

2. In addition, INVIED may manage, dispose of or carry out any other legal business permitted by law in respect of the goods that have been or are made available to the INVIED from the entry into force of the Royal Decree by which This statute and those that have already been made available to the defunct Management of Infrastructure and Equipment of Defense are approved, without prejudice to the provisions of paragraph 1 of the additional provision seventh of Law 33/2003, of 3 November.

Article 4. Economic resources.

1. The economic resources of INVIED may come from the following sources:

a) The assets and rights that make up your estate.

(b) The products and income of such assets.

(c) The movable and immovable property placed at its disposal by the Ministry of Defence.

d) The ordinary and extraordinary income earned in the exercise of their activities.

e) The income obtained as a result of the disposal of all types of immovable property and furniture as well as those resulting from its exploitation.

(f) The specific consignations assigned to them in the General Budget of the State.

g) Current or capital transfers from government or public entities.

h) Donations, legacies, and other contributions from private and private entities, as well as organizations, whether national or international.

i) Any other remedies which, by legal or regulatory provision, may be attributed to you.

2. Revenue from the activities of the INVIED shall be applied to cover the obligations arising from the operation and the purposes of the Institute provided for in this Statute, as well as in the rules of legal status referred to in Article 2.

Among others, they will apply to the acquisition of infrastructure and equipment for use by the Armed Forces, the economic compensation and the aid for the housing acquisition of its members, as well as for the purposes of professionalization and modernization of the defense and personnel in the service of the same, and specific programs of research, development and innovation in the field of defense and execution of works with its budget for the General of the Armies, Central Organ and other bodies under the Ministry of Defence, of agreement with the Agency's Investment Plan in coordination with the Directorate-General for Infrastructure.

They will also be able to apply to the operational needs of the Armed Forces, which can be achieved through the appropriate transfers from INVIED to the State.

3. The possibility of referral of funds from the agency to the State to meet the needs of the Armed Forces will be made in those cases foreseen by law with a range of law and will be adjusted to the following procedure:

(a) The Governing Council shall evaluate, within its annual budget forecasts, the financing possibilities that have been requested for the operational needs of the Armed Forces, in accordance with the approved plans. by the Ministry of Defense.

(b) The Managing Director, once authorised by the Governing Council, shall have the necessary budgetary modification files necessary for this purpose to be initiated.

Article 5. Recruitment scheme.

The INVIED contracting regime will be governed by the provisions of the recast of the Law on Public Sector Contracts, approved by the Royal Legislative Decree 3/2011 of 14 November, and Law 24/2011 of 1 January 2011. August.

Article 6. Budgetary, economic-financial, accounting and control arrangements.

The budgetary, economic, accounting and control system will be established for the autonomous organizations in Law 47/2003 of 26 November, and other rules that will be applicable.

Without prejudice to the audit powers conferred on the Court of Auditors by the Organic Law 2/1982 of 12 May of the Court of Auditors and the other laws which develop its powers, the INVIED shall be subject to the financial role, the permanent financial control and the public audit, which will be exercised by the General Intervention of the State Administration, through the General Intervention of the Defense, in accordance with the provisions of the Law 47/2003, dated November 26.

Article 7. Staff scheme.

1. The staff at the service of the autonomous agency INVIED shall be official or labor, in the same terms as established for the General Administration of the State. It will also provide services in those jobs where professional military personnel are specified this possibility.

2. The autonomous body INVIED will propose to the competent bodies, through the Ministry of Defense, the relations of the official and labor personnel.

3. The provision of jobs and the mobility of civil servants, military personnel, and, where appropriate, of work staff, shall be carried out in accordance with the legal systems which are applicable in the light of the types of personnel to which they are refers to paragraph 1 of this Article.

4. The labour force shall be governed by the provisions of the labour law and the collective agreement applicable to it.

Article 8. Functions.

The INVIED has the following functions:

(a) The acquisition by purchase or by any other means admitted in the right of real estate and real rights, destined for the infrastructure and use by the Armed Forces, as well as of movable property, armaments and material for their use by those.

(b) the disposal for consideration of immovable property which is disaffected by the Ministry of Defence and placed at its disposal, in accordance with the provisions of Article 71.17 of Law 50/1998 of 30 June 1998. December, in Law 33/2003 of 3 November, and the provisions of this statute.

(c) Disposal for consideration of military housing that is rendered in accordance with the provisions of Law 26/1999 of 9 July, and in this statute.

d) The management and disposal of own property, including those set out in the third provision of Law 26/1999, of 9 July.

e) The management, exploitation, use and disposal for consideration, both in the domestic and abroad of the movable property, armament, material and equipment destined to the Defense that not being of use for the Department to be made available to the Department for the fulfilment of its purposes.

(f) to assist, with the management of the real estate that is available to them, to the development and implementation of the various public policies in force and, in particular, to the housing policy in collaboration with the competent authorities. To this end, it may subscribe to such conventions, protocols or agreements to encourage the construction of dwellings subject to any protection regime which allows the maximum price to be assessed for sale, rent or other forms of access to housing.

g) Recognize and pay the financial compensation provided for in Law 26/1999 of 9 July.

(h) To award housing under special lease to military personnel.

i) Grant aid for the purchase of homes by military personnel.

j) Maintain, maintain and manage military housing, cargo pavilions and other immovable property that are part of its heritage.

k) Promote and support the constitution of cooperatives that implement property construction programs for military personnel.

(l) The application of measures to facilitate the exercise of the right to use for the life of the military in the terms provided for in Law 26/1999 of 9 July.

m) Develop the Ministry of Defense's guidelines on heritage, contributing to the implementation of the Armed Forces ' infrastructure plans, through the implementation of programs and investment projects, including those aimed at improving the living conditions of military personnel, in terms of accommodation, within the framework of the process of professionalization and modernization of the Armed Forces.

n) The collaboration with local corporations and with the Autonomous Communities or their public bodies in urban planning and their coordination with the Armed Forces ' infrastructure plans. propose modifications to the urban planning plans, and write partial plans, special plans and detailed studies, as well as the construction of conservation, repair, urbanization and any other actions necessary for the implementation of its purposes.

n) The contribution with technical reports to the elaboration and implementation of the Armed Forces ' infrastructure plans, as well as the reports required for the Ministry of Defense's properties.

o) The economic and commercial use and exploitation of the goods affected by the public domain in the form and cases referred to in Article 53 of this statute.

p) The execution of works with the budget of the body for the General Headquarters of the Armies, Central Organ and other agencies dependent on the Ministry of Defense, in accordance with the Investment Plan of the agency, in coordination with the Directorate-General for Infrastructure.

q) The execution of works linked to the needs of the Defense entrusted to it.

r) The execution of works of national interest, when due to the circumstances in which they are so agreed by the Government.

s) The public works in charge of any Ministry, when the same ones have not been able to be executed for being deserted the tender, provided that the Minister of Defense so requests the holder of the Department to whom it affects the work to be performed.

Article 9. Legal capacity.

To fulfill its aims, the Institute will have the widest legal capacity to:

(a) Manage and dispose of your own assets for the fulfilment of your purposes, as well as perceiving the fruits, income and other income or products of your own property or positions at your disposal.

b) Acquire for any title, dispose of and lease all property and furniture as well as any rights to them.

(c) Gravel, permute, dispose of and dispose of the goods that constitute his or her assets and make them available for consideration.

d) Contry and manage the execution of the works defined in the recast of the Law on Public Sector Contracts, approved by the Royal Legislative Decree 3/2011 of 14 November, and the provision of all kinds of services.

e) To pass on to the users the services and supplies provided in the military housing and parking spaces, and to require payment of the same according to the provisions of Law 8/1989, of April 13, of Rates and Prices Public.

f) Solve claims on patrimonial liability that are filed against the body.

Article 10. End of the administrative path.

According to the provisions of the additional provision of Law 6/1997 of 14 April, the acts and resolutions of the Managing Director of the Institute put an end to the administrative route.

Against such acts and resolutions shall only proceed with the administrative-administrative appeal, and may be brought, with a potentiative character, a replacement resource.

CHAPTER II

From the organization of the Institute

Article 11. Governing bodies.

The governing bodies of the Institute are as follows:

a) The Rector Board.

b) The Managing Director.

Article 12. Governing Council.

1. The Governing Council may meet in plenary and in the Standing Committee.

2. The Rector Board shall be composed of the following members:

a) President: the Secretary of State for Defense.

b) Vice President: the Managing Director of the Institute.

c) Vocals:

1. The Deputy Secretary of Defense.

2. The Director General of Infrastructure at the Ministry of Defense.

3. The Director General of Economic Affairs at the Ministry of Defense.

4. The Director-General of Budgets of the Ministry of Finance and Public Administrations.

5. The Director General of the State Heritage of the Ministry of Finance and Public Administrations.

6. The General Legal Counsel for Defense.

7. The General Controller of Defense.

8. The Second Chief of Staff of the Army of the Earth.

9. The Second Chief of Staff of the Navy.

10. The Second Chief of Staff of the Air Force.

d) Secretary: the Secretary-General of the INVID, with a voice but without a vote.

3. The Standing Committee shall be composed of the following members:

a) President: the Managing Director of the Institute.

b) Vocals:

1. The Deputy Secretary of Defense.

2. The Director General of Infrastructure at the Ministry of Defense.

3. The Director General of Economic Affairs at the Ministry of Defense.

4. The General Legal Counsel for Defense.

5. The General Controller of Defense.

(c) Secretary: the Secretary-General of the Institute, with a voice but no vote.

Article 13. Powers of the plenary session and the standing committee of the Governing Council.

1. The Governing Council, as the governing body, has the main functions of directing, orienting, encouraging and facilitating the Institute's own activities.

2. It corresponds to the Rector's Plenary Session:

a) The body's senior management, establishing the basic guidelines for its governance, direction and administration.

b) Learn about the implementation and development of the objectives, as well as the Institute's states of expenditure and revenue.

c) Approve the Director Plan contained in the Additional Disposition fourth of the Royal Decree approving this statute.

(d) Approve the annual accounts by the President of the plenary and the broad outlines of the multiannual budget scenario and the body's preliminary draft budget, its annual general plan of action, and the plan of the Institute's investments.

e) to assess, within its annual budget forecasts, the financing possibilities referred to in Article 4.3.a), and to be informed of the credit operations and other borrowing operations of the Institute; within the limits of the annual State General Budget Law, as well as direct acquisitions.

f) Propose to the Minister of Defense the fixing of the amount of the lease fee or, where applicable, the fees for the use of military housing and parking spaces and the amount of the economic compensation, according to established in the Director Plan.

g) Approve the disposal of land to cooperatives whose primary purpose is the construction of houses owned by the members of the Armed Forces.

h) Approve the maximum amount of help for home ownership access.

i) Authorize the conventions to be concluded by the Institute in the cases provided for in Article 71.do.e) of Law 50/1998 of 30 December.

(j) Know of the sales agreements and/or swap with other organs and agencies of the General Administration of the State, the Autonomous Communities and the local Corporations and authorize, in the cases expressly established in this status, the free transmission of goods and rights of the body.

k) Know of any project of modification of the structure or functions of the body that are established in this statute.

l) To dictate its own rules of operation in all that is not provided for in this statute.

m) Learn about the information that is being uploaded to the body.

n) Prior approval of procurement relating to the acquisition of real estate and the acquisition or supply of movable property, arms, equipment and equipment for use by the Armed Forces.

n) Propose to the Minister of Defense the approval of the relationship of the occupied military housing that is planned to be used, as well as approve the disposal of the unemployed.

or) Any other functions necessary for the achievement of the purposes of the body, which may be of legal or regulatory concern.

3. It shall be the inselectable powers of the plenary as referred to in points (a), (b), (c), (d), (e), (f), (g), (h) and (i) of the previous paragraph.

4. The following shall be the responsibility of the Standing

:

(a) Carry out the missions entrusted to it by or delegate to the Board of the Governing Council.

b) Vellar for the fulfillment of their agreements.

Article 14. Functioning of the Plenary and of the Permanent Commission of the Rector Board and the Secretary's duties.

1. Meetings of the Rector Board shall take place at least twice a year and, in an extraordinary manner, when convened.

2. The Standing Committee shall meet, at the discretion of its chairman, to be informed of the development of the Institute's actions and, in an extraordinary manner, when it is convened.

3. The operation and arrangements for the adoption of the agreements of the Rector and the Standing Committee shall be governed by the provisions of this Statute and by the rules contained in Chapter II of Title II of Law No 30/1992 of 26 January 1992. November.

4. The Registrar of the Rector Council shall have the following functions:

a) Compose and authorize the minutes and issue certifications of the adopted agreements.

b) Move the agreements from the Rector Board.

c) Perform any other tasks that are entrusted to you and that are inherent in your status as Secretary of the Rector Board.

5. In case of vacancy, absence or illness and where there is a justified cause, the following system of supply is established:

a) The President will be replaced by the Vice President.

(b) The Vice-President shall be replaced by a Deputy Director General of the body in accordance with the order set out in Article 17.1 of this Statute. The same scheme shall apply when acting as chairman of the Standing Committee.

c) The Vocals will preferably be supplied by a Deputy Director General of his/her own Directorate-General, with the exception of the Deputy Secretary of Defense, who will be replaced by the Director General of Personnel. The Second Chiefs of Staff of the three Armies, the General Legal Counsel of the Defence and the General Controller of Defence shall be supplied by the official or official officer appointed by the absent member.

d) The Secretary shall be replaced by a Deputy Director General, in accordance with the order in Article 17.1 of this Statute.

Article 15. Powers of the Presidents of the Plenary and of the Permanent Commission of the Governing Council.

1. Will be the powers of the President of the Rector Board:

a) Ostend their representation.

b) Agree to the convening of ordinary and extraordinary sessions and the fixing of the agenda.

c) Chair sessions, moderate the development of debates, and suspend them for justified reasons.

d) To ensure compliance with this statute and the agreements adopted by the Governing Council.

e) Lead with your vote the draws, for the purposes of adopting agreements.

f) Vising the minutes and certifications of the Rector Council agreements.

g) Agree with the Managing Director of the INVIED on the general lines of the preliminary draft budget to raise it to the Governing Council for the purposes of Article 13.2.a) of this statute.

2. The powers laid down in the preceding paragraph shall be exercised by the Chairman of the Standing Committee on the same. It shall report to the plenary of the Governing Council on the arrangements adopted.

Article 16. Managing Director.

1. The Managing Director, with the organic level of Deputy Director General, shall be appointed and separated in accordance with the provisions of Article 19.2 of Law 6/1997 of 14 April, assuming the management and management of the Institute.

2. In particular, it corresponds to:

(a) Ostend the representation of the Institute and exercise the management of personnel and the services and activities of the Institute, without prejudice to the competences that in this matter correspond, in accordance with the legislation in force, to other public administrations and bodies.

b) In accordance with Law 47/2003 of 26 November, approve and commit expenditure, as well as recognize obligations and order payments, after budgetary entry for this purpose, to carry out all kinds of collections and revenues of the Institute and act as contracting authority in accordance with article 316.2 of the recast of the Law on Public Sector Contracts, approved by the Royal Legislative Decree 3/2011 of 14 November, and Law 24/2011 of 1 August.

c) Develop and raise to the Governing Council, for its knowledge, the multiannual budgetary scenario, the preliminary draft budget, the annual general plan of action, with the Institute's investment programme, (i) credit and other borrowing by the Institute; proposals for the determination of the leasing licence fee or, where appropriate, the fees for all military housing and parking spaces and the amount of the compensation economic.

(d) Formulate, raise for approval by the Board of the Rector and render the annual accounts in accordance with the terms laid down in Law 47/2003 of 26 November, authorize credit operations and other debt transactions of the Institute and to initiate the dossiers for budgetary modification provided for in Article 4.3.b) of this Statute.

e) Approve the valuations of the real estate and agree to the disposal of the movable and immovable property, with the exception of the provisions of Article 34.3 of this statute.

f) To conclude contracts for the acquisition of real estate and for the purchase or supply of movable property, arms, equipment and equipment for use by the Armed Forces, after approval by the Governing Council.

g) Develop and implement the Annual Director Plan approved by the Governing Council on military housing, and mobility support measures, as well as convene and grant aid for access to housing property and recognize the right to receive economic compensation.

(h) Submit to the Governing Council the proposals for the determination of the lessor of use or, where appropriate, the fees for all military dwellings and parking spaces and the amount of compensation provided for in Law 26/1999 of 9 July.

i) Agreed to the ex officio review, in respect of acts dictated by the organs of the dependents, to resolve the Institute's records of patrimonial responsibility and previous claims in civil and labor matters.

(j) To conclude collaboration agreements in the field of their competence and to implement the arrangements to be made to the agency, in accordance with the provisions of Article 53 of this Statute, and to conclude the agreements they permit. that the Armies and the Ministry of Defence may use the buildings of the INVIED if necessary for a specified period of time.

(k) Determine and, where appropriate, award the military housing which, in the various localities under special leasing arrangements, as well as the commercial premises, and fix the amount of their rentals, in the form provided for regulation.

(l) To initiate and resolve the procedures for the recovery of post-recovery, and to remove from the contracts signed by the users of military housing, for the reasons mentioned in this statute, to determine the designated destinations Article 31 (1) (b) and the authorisation of realojo and the declaration of the right to compensation provided for in Article 23.3 of this Statute.

m) Propose to the local Corporations and the Autonomous Communities the modifications of the instruments of territorial and urban planning, for better management of the real estate affected to the Ministry of Defense and coordination with the Armed Forces ' infrastructure plans.

n) Authorize the swap of immovable property, except in the cases provided for in Article 48.2, as well as the exploitation of the assets and property rights referred to in Article 51, both of which are of this statute.

n) In general, exercise all those functions or powers that are attributed to you by a statutory or statutory rule, as well as know, resolve and execute how many matters are not expressly attributed to the Governing Board and affect to the good government and administration of the Institute.

3. In case of absence, vacancy or illness the Managing Director shall be supplied by the Deputy Directors General of the dependents, following the order in which they are referred to in Article 17.1 of this statute.

Article 17. Organic structure of the Institute.

1. The Institute, for its operation and administration, shall have the following units, with an organic level of General Subdirection, dependent on the Managing Director:

a) General Secretariat.

b) General Economic-Financial Subdirection.

c) General Management Subdirection.

d) Technical and Disposal Subdirection.

e) General Subdirection of Works.

2. Corresponds to the General Secretariat:

a) Manage the internal regime, security, registration, file and general services, as well as the overall planning of the body.

b) The administration of personnel, the processing and management of their affairs, the elaboration and proposal of the payroll, the relations with other units and representative bodies competent in the field, as well as the management and promotion of the Institute's training programmes.

c) Maintain appropriate relations with the Defense Subdelegations, in order to coordinate the overall functioning of the Heritage Areas.

d) To direct the services of administrative information and attention to the citizen of the body in accordance with the current regulations.

e) The management of Information and Communication Technologies, in the field of INVIED.

f) Relations with other bodies of other public administrations, in the field of their competence.

g) Take inventory of furniture and other use effects by different units of the Institute.

3. Corresponds to the General Economic-Financial Subdirection:

a) Manage revenue and expenditure, make payments and payments and manage cash and, in general, all economic matters affecting the body.

b) Prepare and develop the multi-annual budget scenario, the preliminary draft budget and conduct accounting management.

c) Handle and manage procurement files.

d) To process files for the acquisition of arms, equipment and equipment for use by the Armed Forces.

e) Develop the annual accounts.

f) Coordinate the annual funding plan.

4. Corresponds to the General Management Subdirection:

(a) Develop the activities relating to the economic and commercial use and exploitation of the goods affected to the public domain whose characteristics, situation and use regime make this type of use possible additional, in the terms that are entrusted to him by the Ministry of Defense.

(b) The administration, exploitation and exploitation of property and property rights as provided for in Title IV, Chapter II.

c) Studying and drawing up conventions on their competence.

d) Manage all matters relating to military housing under special lease and leased commercial premises.

e) To process the subrogation files of contracts on military housing, those that affect the realojos for humanitarian reasons and the reduction of royalties.

f) The management of the occupation regime of the flags of charge.

g) Manage all issues related to the owner communities in which the Institute is a part.

(h) to deal with matters relating to the allocation to the beneficiaries of the economic compensation, as well as to carry out the management activities necessary to grant aid and grants for access to the property housing.

i) Manage all actions related to the energy supplies of the buildings listed in Article 3 of this Statute.

j) To process and manage all matters relating to unpaid billing and receipts, corresponding to the charges for the use of military housing, garages and commercial premises, as well as receipts for services that are passed on.

k) Supervision and control of issues related to the allocation and management of parking spaces.

(l) To process the post-office and post-recovery files relating to military housing and other buildings covered by Article 3 of this Statute.

5. Corresponds to the General Technical and Disposal Sub-Directorate:

a) Formar and keep updated the inventory of the real estate and rights constituted thereon.

b) Study and develop the conventions on their competence.

c) Carry out the necessary activities for, the identification and physical purification of the real estate including, if necessary, the dislinde, the lifting of plans, horizontal division and cancellation of registration charges where appropriate, making it possible to register them, and their subsequent legal purging.

d) The study and analysis of urban planning and the actions related to the drafting, instruction and modification of the urban planning figures that may concern the real estate as well as, where appropriate, the goods affected by the Ministry of Defence at the request of the Directorate-General for Infrastructure.

e) The implementation of the technical reports of the instruments of territorial and urban planning, in the development of the applicable legislation in the field of the soil, as well as those required in the field of properties of the Ministry of Defense.

f) The elaboration of the sheets of appreciation for the fixing of the Justiprice in the cases of expropriation or reversal and, in the latter case, proposal of appointment of the technician to attend as vowel to the juries provincial expropriation.

g) The valuation of the real estate included in Article 3 of this Statute, except in the cases provided for in the second provision of Law 26/1999, of 9 July.

(h) Assessment and assessment of valuations, including the possibility of using external means, of the goods concerned to the Ministry of Defence, upon request of the Directorate-General for Infrastructure.

i) The elaboration of the technical specifications and budgets related to the urban functions for approval by the Managing Director.

j) Prepare, process and execute the files for the disposal of military housing and other buildings or rights constituted on them.

k) To process the cases of disposal, both at home and abroad, of the movable property belonging to the defence assets that are placed at their disposal for the fulfilment of their purposes.

l) Carry out the necessary actions to promote the sale of the properties.

m) Processing the real estate acquisition files.

6. Corresponds to the General Subdirection of Works.

6.1 In relation to the buildings listed in Articles 3 and 18.2 of this Statute:

a) Compose projects and develop the technical specifications related to urbanization or building of buildings.

b) Inspect the conservation status of the buildings, preparing the technical reports to determine and assess the execution needs of works and to draft the annual plans of works.

c) Carry out the address of works as appropriate, as well as manage their execution.

6.2 It shall also be the responsibility of the enforcement of the jurisdiction laid down in Article 8.p. of this Statute, including, where appropriate, the drafting of projects and the drawing up of the documents, as well as the implementation of the activities necessary for the execution of any work within the framework of the powers laid down in Article 8 (q), (r) and (s) of this Statute.

7. The Managing Director of the Institute shall have a Support Unit, with the organic level to be established in the employment relationship.

8. With organic dependence of the Managing Director of the Institute and functional dependence of each Subdirectorate General in the areas of their respective competencies, there will be an area of wealth management whose role is to direct and to provide all the services in the territorial area of Madrid, except for delegated offices to be determined in the regulations governing the peripheral structure of the Ministry of Defence, and whose responsibility shall be at the level determined in the relevant employment relationship.

9. The INVIED will have a Legal Advisory and a Delegate Intervention, with the organic level that will be established for each in the corresponding relation of jobs:

a) The Legal Counsel will depend directly on the Managing Director, without prejudice to the functional dependency of the Department's General Legal Counsel.

(b) The Delegated Intervention shall exercise internal control of the economic and financial management by the exercise of the financial controller, the permanent financial control and the public audit in the terms provided for by the Law 47/2003, of 26 November; the exercise of the military notary, in the form and conditions established in the laws and the advice in matters of its competence. It will depend functionally on the General Intervention of the State Administration, through the General Intervention of Defense.

TITLE II

Military housing and cargo pavilions

CHAPTER I

Military Housing

Article 18. Rating of dwellings.

1. The houses whose ownership or administration corresponded to the defunct Institute for Housing of the Armed Forces and the General Staff of the Armies, as well as those who are qualified as such in application of this statute, with Except for those referred to in the following paragraph of this Article, they shall have the sole qualification of military dwellings and shall be intended for the purposes set out in the following Articles.

The Minister of Defense may also qualify as military housing, when declared unnecessary and be affected for the purposes and destinations assigned to it, any other units managed by units, Department centres and agencies.

2. Dwellings intended for official residence or for the social representation of the military officer, on the basis of the position he holds or the assigned destination, shall have the single name of flag of charge.

Article 19. Military housing.

1. All dwellings classified as military dwellings are integrated into the own heritage of the INVIED, with the exception of those that constitute an inseparable element of bases, waterings, buildings or military establishments, the relationship of which it is for the Minister of Defence to be determined by the relevant ministerial orders.

2. Special tenancies shall be provided, non-rentable military dwellings located within bases, waterings, buildings or military establishments, which, by their location, pose a risk to the safety of the military. those other than those in specific areas where there is a need for housing for the staff assigned to them, in particular in the cities of Ceuta and Melilla, where they may, however, be declared inapplicable are useful in addressing the housing needs of the Armed Forces.

The Minister of Defense, through the corresponding ministerial orders communicated, will determine the relationship of the non-rentable military housing. Only these dwellings shall be transferred for use by means of a special administrative contract, which shall be formalised in the relevant administrative document.

The relationship may be modified when the circumstances that served for its elaboration vary, indicating in the provisions that the use or subsequent destination that the military housing will have to the effect affected.

3. Military housing, with the exception of non-renajable housing referred to in the preceding paragraph, may be placed under the conditions and in accordance with the procedure laid down in this Statute.

Article 20. Right to use military housing.

1. The fact that before the entry into force of Law 26/1999 of 9 July, he acquired the right to use a military dwelling, as the holder of a contract, will be able to maintain it for life, without prejudice to the causes of the are set out in Article 10 of that legal standard.

However, in respect of dwellings which are incorporated into the assets of the INVIED after the entry into force of this Statute, they shall be considered as holders of the right of use for all purposes. occupy under contract terms or any express or tacit act of the body or institution that has the property or administration of those at any time. To this end, a list of authorised occupants who have such a consideration at the discretion of the body in question must be accompanied to the delivery and receiving act, in which the condition is expressly stated, and that it must be approved, as well as the minutes, by the head of the unit, centre or body performing the delivery.

In that relationship, it shall be specified if the current occupant agrees with the person to whom the dwelling was originally given to him, for the purposes of the application, if any, of the rules contained in the following paragraph, in respect of the possibility or non-transmission of the right.

2. In the event of the death of the holder referred to in paragraph 1 above, they may be entitled to the right of use, also for life and without the possibility of transmitting this condition to third parties, the spouse who lived with him. time of death and the persons listed below, if they have lived together with the transfer of the right for the following two years immediately:

a) Person in the same relationship of affectivity as the spouse.

b) Children of the holder with a disability equal to or greater than 65 percent.

(c) Other children of the holder, unless the death of the holder has occurred after 11 July 1999, the date of entry into force of Law 26/1999 of 9 July, in which case they may maintain the right of use two years or up to the date of reaching the age of 25 years, whichever is the later.

d) Ascending the holder in the first degree.

If there are two or more persons listed in this paragraph, the condition of the beneficiary may only be placed on a natural person who is determined by the order in which they are cited above, of equality between children in favour of the lower age.

3. In cases of housing in which, by judgment or firm decree, or by the granting of public deed to Notary, a declaration of invalidity, separation or divorce has been declared and is therefore occupied by a person other than the the right of use of the successful tenderer shall have the scope specified in the relevant judgment, decree or public deed. Only where a specific scope is expressly stated, the right of use for the dwelling shall be deemed to be terminated when the right of the holder of the contract ceases for any of the reasons set out in Article 31 of the contract. status.

4. The acquisition and maintenance of the right of use of a military property is, in any case, conditioned to the fact that it constitutes the habitual, actual and actual residence of the owner or, failing that, of the beneficiary to be determined.

5. The provisions of the foregoing paragraphs shall in any event be without prejudice to the provisions of Article 23 on the settlement of military housing contracts and Article 31 on the loss of the right to use housing. Non-eligible military personnel, both of which are present.

6. The accreditation of the conditions required to be a beneficiary of the right of use of a military housing shall correspond to those interested in the legally admitted means of proof.

Article 21. Lease fee for use.

1. The consideration for the use of military housing and parking spaces shall consist of the payment of the corresponding monthly fees.

The user of a military dwelling will be obliged to satisfy the monthly fee he has fixed, as well as to pay the amounts for the services, making cash his amount, in the corresponding period, by means of bank address.

2. The charges, as well as the amounts to be paid for services, have the nature of public prices.

3. The amount of the charges for the use of military dwellings and parking spaces to be awarded by the INVIED shall be fixed at the order of the Ministry of Defence.

In the case of military housing, the prices of the rental housing market in the different locations, the location, the area and the state of the land will be taken into account in the case of military housing. housing and, in that of parking spaces, groups of localities and consideration of closed or open square.

The resulting amount will not exceed 50 percent of the average house rental market price in the corresponding locality.

4. In cases where the dwelling is subject to a total or partial rehabilitation, the parameter of the corresponding endow state shall be modified. The new parameter to be assigned will be determined by Resolution of the Managing Director of the body.

Article 22. Conservation, repairs and cost-impacts.

1. The expenditure arising from military housing shall be taken into account by the INVIED for the following concepts:

(a) The general preservation and maintenance of lifts, courtyards, gardens, portals, staircases and other areas and elements of common use of buildings.

(b) Repairs that are necessary in dwellings and buildings due to breakdowns in water, electricity, gas, heating, ventilation, smoke-out, etc.

c) Repairs of constructive elements affecting the stability and tightness of the building.

d) Ordinary supplies of water and electrical fluid for common services.

2. The costs not covered by the preceding paragraph shall be taken into account by the users of the military housing and, in particular, the following concepts:

(a) The individual supplies, services and consumption, or which are capable of measuring per counter and the taxes imposed on them. In buildings where there is no individual counter, the imputation shall be done by pro-rata, depending on the area of the dwelling or area concerned.

b) The cleaning services of internal common areas.

(c) The damage, deterioration and damage caused to the houses and common areas of the building due to misuse, neglect or negligence of the users and, in any case, those found outside the normal deterioration when leaving the housing after the corresponding check has been made.

d) Small repairs that require wear and tear due to the ordinary use of housing.

e) In the case of use of parking spaces in buildings with Community of Proprietary Owners, the amounts agreed by these.

In the case of buildings integrated into a Community of Owners, the agreements to be adopted in the corresponding ones will be included, and the Institute will assume the expenses that correspond to it according to its share of participation as owner, subsequently passing on the costs referred to in points (a), (b) and (e) of paragraph 2 to users.

The procedure for the imputation of the expenses, which are generally passed on, will be regulated by the instructions of the managing director of the agency, in which a fixed amount can be established for its collection.

3. In the case of persons living with a disability in housing, the provisions of Article 24 of Law 29/1994 of 24 November 1994 on Urban Leases shall apply.

Article 23. Resolution of contracts.

1. They are causes of full resolution of contracts relating to any military housing, the following:

(a) the non-payment of the lessor of use or of the amounts whose credit has been assumed or are passed on to the user, corresponding to three monthly payments.

b) The subsweeping or cession of the use of the dwelling.

c) The performance of damages caused dolously on the farm or from works not authorized by the INVIED that modify the configuration of the dwelling and its accessories or cause the decrease in the stability or security of the same.

(d) When in the house there are disturbing, unhealthy, harmful, dangerous or illicit activities in the house.

(e) Where the dwelling is no longer intended to satisfy the need for habitual housing of the beneficiary or is used for activities beyond that purpose.

(f) Where the holder has other housing acquired by the direct award or tender procedures referred to in Articles 42 and 43.

g) The death of the holder if there are no beneficiaries defined in Article 20

(h) The extinction of the causes for which the right of use of the dwelling was granted, as provided for in Article 20.

2. The contract of any military housing may also be resolved, even if it has been affected, for the following reasons:

a) When for reasons of public interest the purpose of the building is modified.

(b) Where as a result of the horizontal division of the estate the fate of the dwelling must be modified.

c) When, according to the urban planning in force, the plot in which the dwelling is located has not exhausted its buildability.

(d) When the technical, economic or urban ruin of the dwelling or property in which it is located has been declared, in accordance with the provisions of the legislation in force in this field.

e) Prior and express acceptance by the holder of the contract or, where appropriate, of the beneficiary of the right of use, where the conservation of the dwelling, due to its particular status or characteristics, is manifestly antieconomic.

(f) Where the dwelling is located within a base, a military establishment, a building or a military establishment and the holder of the contract or, where appropriate, the beneficiary of the right of use, is not intended for units, centres or bodies located on the same.

In the cases referred to in points (a), (b), (c), (d) and (f), before the termination of the contracts, the relationship of these military dwellings shall be published in the "Official Gazette of the Ministry of Defence". of the subsequent individual notification to the users concerned, so that within 15 days, from the date of notification, the parties concerned can make the allegations which they consider appropriate.

3. In the cases referred to in paragraph 2, agreed upon the termination of the contract, the holder of the right of use may choose between:

a) Being rehoused in other military housing of similar characteristics, if available.

(b) receive compensation, which shall be fixed in the amount of 36 monthly maximum fees for military housing at the time of such termination or, if greater, in an amount equal to 70% the real market value of housing when the user counts less than 20 years, minoring, as age increases, in the proportion of one percent less for each year more, with the minimum limit of 10 percent.

In the case provided for in paragraph 2.f), if the person concerned is a career military officer with a service relationship of a permanent nature, the realojo referred to in point (a) may be made in another dwelling located within the territory of the of a base, a military base, a building or a military establishment, only in the case that the latter is intended for units, centres or bodies located therein. The housing thus awarded shall be governed by the arrangements laid down in this statute for non-eligible military housing.

Those who choose to receive the compensation referred to in point (b) shall not be able to acquire military housing by the tender procedure.

4. It is up to the Minister of Defense, on the proposal of the Secretary of State for Defense, to modify for reasons of public interest the fate of the buildings classified as military dwellings or any other real estate destined for housing.

The disaffection of a certain property will be considered, for these purposes, as a reason of public interest that modifies the fate of the military housing located in that one. Similarly, it is understood that the public interest will be present when any other property destined for housing is declared to be of interest to the defense.

It is up to the Managing Director of the INVIED to authorise the realojo referred to in paragraph 3 (a) and to declare the right to compensation referred to in paragraph 3.b), the amount of which shall be made effective once it has been evict housing.

5. Produced any of the causes of termination of the contract as set out in paragraphs 1 and 2, if the user does not voluntarily dislodge the dwelling within one month, from the requirement that the INVIED has to do so, the corresponding administrative file for eviction, which shall be in accordance with the procedure laid down in the legislation on housing for official protection, the resolution of which shall be notified to the persons concerned within the maximum period of six months.

Article 24. Special rules of residence in certain causes of resolution.

1. For the sole and exclusive purposes of the provisions of Article 23 (1) (e) and (h), it shall be understood that the contract holders who are in the situation of active or reserve service shall maintain the habitual residence in the housing military, even if they move to a destination, voluntary or forced, in another locality other than the one in which the property is located, provided that the performance of that destination is not greater than the minimum stay for the new destination, plus six months, and, in addition, the requirements set out in the paragraphs are met or persisted of this article.

The provisions of the preceding paragraph shall not apply to those destinations which bear the award of the flag of charge. It shall also not apply in the case of destinations abroad where the minimum stay of the destination is longer than 24 months.

Also, at the end of the period defined in this section, it will be an unavoidable requirement that the contract holder immediately return to a destination in the same location or geographic area where the dwelling is located. military.

2. Likewise, it is understood that they maintain the habitual residence who are in any course of the education system in the Armed Forces, whether they are training, perfecting or high studies of the National Defense and meet the requirements set out in this Article that apply to them.

3. In addition, they shall be necessary and concurrent to understand that the habitual residence is maintained for the purposes of Articles 20 and 31, the following:

(a) The spouse not legally or in fact separated, the person in the same relationship of affectivity as the spouse, the ascendants of the first-degree holder and, where applicable, the children of the minor holder, if any, or who have a disability equal to or greater than 65 percent, have residence in the military housing fixed.

b) That the residents of the military housing occupy it real and effectively credit it.

4. The usual residence shall be justified by the corresponding registration certificate issued by the competent registry of the locality where the military housing is located.

5. The actual and effective occupation of the military housing may be credited by the National Identity Document or, in the case of foreigners, the foreign identity number, and the documentary proof presentation of the assignment, in the locality or geographical area of the place where the building is situated, of the health, educational, social or any other services which justify its use and ordinary enjoyment.

Article 25. Specific protection in certain assumptions.

In any case, and in particular in the case of withdrawal as a result of insufficient psycho-physical conditions produced in the act of service or terrorism involving permanent, absolute or great futility invalidity, or in special situations of special personal, social or economic need, where the right of use of military housing is lost through the application of Articles 23 and 31 of this Statute, the use of the housing, by the holder or the beneficiaries referred to in Article 20, while remaining such situations and provided that the actual and effective occupation of housing is maintained.

In general, it will be understood that there are special situations where, at least, the level of individual resources is less than 20% of the Regulator set for the staff of the classification group "C1" in the respective budget laws for each financial year, by means of the calculation provided for in the third paragraph of Ministerial Order 154/2000 of 9 July 2000, for which various measures are to be taken to facilitate the right of use to certain users of military housing.

In addition to the anticipated cases, application of the provisions of this Article may be requested, among others, in the case of a disability of a degree equal to or greater than 65 percent, or serious illness, both of which are due accredited.

CHAPTER II

Non-Alienable Military Housing Regime

Article 26. Lease of use.

1. Military dwellings which are expressly declared non-eligible, as laid down in Article 19.2 of this Statute, may be the subject of a transfer of use under a special lease.

2. The award, use and eviction of these dwellings shall be governed by the provisions of this Chapter, without prejudice to the general rules for military housing in the previous chapter.

Article 27. Beneficiaries.

1. The INVIED may award military housing under special lease to the military officer of the Armed Forces, who is in the situation of active service or in the reserve, occupying destination, when he changes his destination change of locality or geographical area and habitual residence in respect of the one at the time immediately preceding that of the new destination.

For reasons of economy of means and better use of the resources available, the military referred to in the previous paragraph that are in first destination or ulterior destinations without change of locality or geographical area, may access military housing on a special lease basis if there are no petitioners meeting all of the above requirements.

Also, for the same reasons, and for the conservation of the real estate available, in those localities, fixed by the Minister of Defense, in which there are non-rentable military housing that is find out of employment, special leasing arrangements may be offered to the military supplement and to the professional military of troops and marineria with a service of temporary nature, which has a long-term commitment, under the conditions laid down in this statute.

2. The military officer who is assigned a military housing and is in the situation of active service pending assignment of destination, for having ceased in which he had, will be able to continue to occupy him until he is assigned a new one, moment in which he is shall be in accordance with this Chapter.

3. It will be able to continue occupying the military housing it has awarded, the military one that, when it passes to the reserve situation, occupies, within the maximum period of three months, a destination for which it would have the right to occupy it if it were active, maintaining the right as long as you remain in that situation.

4. They may continue to occupy the housing which the military officer has awarded which passes on to the situation of voluntary leave under Article 110.5 of Law 39/2007 of 19 November of the military career, during the time of stay in the country. situation, and the military officer who moves to the situation of special services, provided for in Article 109.1 (d) of that Law, for having been designated as a candidate for elections to public representative bodies in the exercise of the right to vote or to have been elected in the same way, for a maximum period of six months.

In addition, professional military women victims of gender-based violence may continue to occupy housing, which will move on to the situation of voluntary leave, in order to make their protection or their right to assistance effective. integral with Article 110.6 of Law 39/2007 of 19 November, during the time limits specified therein.

Equal consideration will be given to women who are assigned the use of military housing by judges as a result of gender-based violence, regardless of the marital status they maintain with respect to the contract holder. military housing.

5. The military officer who is assigned to a military housing and moves to the situation of suspension of duties, or to the suspension of employment by imposition of an extraordinary disciplinary sanction, may continue to occupy the housing in the new situation by a maximum period of six months from the date of the determination of the resolution.

6. The military officer who is awarded a military housing and loses the right to use it for having passed on to the situation of suspension of employment, if the extraordinary disciplinary sanction of suspension of employment executed is subsequently revoked on a permanent basis, on administrative or judicial basis, shall be replaced by the right of termination of the said situation.

Consequently, if you have evicted the house, in addition to being paid the financial compensation corresponding to the time since the eviction, you will be awarded again in the event of being still empty, or another in the the same location or geographical area or, failing that, shall receive the economic compensation under the conditions and limits laid down in this Statute. If the house has not been evicted, the eviction file, which has been initiated, will be filed.

In the same way, it will take action in the case of dismissal of the procedure, absolute judgment or termination of the government file without a declaration of responsibility, which motivated the transition to the situation of suspension of the functions.

7. A military officer who is a member of the reserve situation, on a voluntary basis, and, without prejudice to the provisions of the previous paragraph, of suspension of employment or suspension of duties assigned to him by a destination, may be awarded a housing military only if the location or geographic area of the military is different from the last destination that you have had in active or reserve service.

The same treatment will have the military assigned to the special services situation, except that it is in this situation because it has been authorized by the Minister of Defense to participate in the development of specific programmes of interest to the defence in bodies, entities or companies outside the Ministry of Defence; in such a case, military housing may be awarded if the locality or geographical area in which it was situated of special services is different from the assigned target.

Article 28. Request.

1. For the award of a military housing under special lease, the application of the persons concerned shall be a precondition and indispensable.

In each locality or geographical area where there are non-eligible military dwellings which may be awarded to them, the persons concerned may submit their application, once assigned to the said locality or geographical area, and which the same is effective, irrespective of whether they have applied for or are receiving economic compensation.

2. The application shall be formalized as an official model, accompanying the documentary justification to be determined and directed to the Managing Director of the INVIED, which may obtain from the personnel management bodies corresponding to the accreditation of the professional conditions claimed by the applicants. Those who have entered in any register of the said Institute or of the Delegations, Subdelegations or Delegated Offices of Defense before the 15th of each month shall have effect the following month.

Changes in circumstances affecting the score of the staff member already included in the list, as well as the application for a discharge, shall take effect on the first day of the month following their communication or publication.

3. Applications shall be ordered in two lists. One, which shall include applicants who meet all the requirements and another, in which the staff referred to in the second paragraph of Article 27.1 shall be included.

Within each list, the management will be carried out according to the scale determined by the Minister of Defense.

The resulting relations shall be published on the tenth day of each month, or the following working day, in the corresponding, Subdelegations and Delegated Offices of Defense and in the offices of the Institute, where the persons concerned shall take knowledge of their inclusion or exclusion and assigned punctuation, so that, within 10 calendar days of such publication, they may make complaints which will be resolved before the act of choice of housing is produced; referred to in Article 29.4.

4. Applicants shall be required to notify INVIED of any changes to their family circumstances.

Article 29. Offer.

1. It is up to the Managing Director of the INVIED to determine the military housing which, where appropriate, will be offered in the different locations under special lease, in accordance with existing availabilities.

2. In order for military housing to be offered to applicants, it will be a necessary condition for them to be unemployed. The dwellings will be offered and maintained in habitability conditions, with the INVIED being in charge of the repairs and repositions that are necessary in the internal, external or common constructive elements, that will be passed on to the users when they are due to the misuse or negligence of the latter.

The conditions of habitability, the attribution of expenses and the determination of the useful surface and the number of minimum bedrooms in relation to the number of members of the family unit, will be established by the Secretary of State of Defense, in accordance with the director plan contained in the additional provision fourth to the Royal Decree approving this statute.

3. Together with the list of applicants referred to in Article 28.3, the list of military dwellings to be offered and the order of call for the act of choice shall be set out, where appropriate, indicating for each of them their identification, useful surface, parts of which it consists, including any of those which it may dispose of, amount of the fee, classification groups of military personnel eligible for it and the number of members of the minimum family unit required for be able to be awarded.

4. The applicants or their duly accredited representatives shall be in the act of election, at the place, day and time set out in the relevant notice, in which the military housing shall be offered for a strict order of according to the characteristics of the same.

5. Military housing with a useful surface of less than 120 square meters, will be offered to all applicants. Those whose useful surface is equal to or greater than 120 square metres shall be offered as a priority, if any, to applicants whose family unit consists of seven or more members.

6. A military housing which meets the conditions referred to in paragraph 2 of this article, the waiver by the applicant to the same, express or by default to the act of election, will only cause the effect of its absence in the list of Military housing petitioners, which may not be incorporated as long as it is intended for the same locality or geographical area.

7. The corresponding minutes shall be drawn up for each act of election of military dwellings, in which the acceptances and resignations shall be recorded, as well as any incidence that may occur. These minutes shall be signed, in any case, by those applicants who have accepted a dwelling.

The waiver of a house after the act of election, unless it is due to a cause not attributable to the beneficiary, shall have the effects set out in Article 30.5.

8. The parking space option, if any, will be potestative. The use of the parking space may be waived at any time, but will inevitably end with the cessation of the use of military housing.

However, in the case of single-family homes in which the parking space is an inseparable part of the dwelling, the parking space shall be deemed to have been awarded with the housing award, not being possible. give up the latter, with both fees payable.

Article 30. Award.

1. The award of military dwellings, offered under special lease arrangements and which have been the subject of choice, shall be made by means of a decision of the Managing Director of INVIED and shall be effective from the time of notification to the interested.

2. The contract of transfer of use, of a special administrative nature, shall be formalised in the relevant administrative document, in the terms and conditions to be determined in accordance with this statute.

In view of the nature of the contracts to be concluded and their recipients, they will be exempt from the provision of security.

3. The contract shall be awarded and formalised, the delivery of the military housing shall be carried out and the corresponding record shall be recorded.

From this moment on, the successful tenderer will have a period of one month for his occupation, after giving, if necessary, the military housing he will be occupying.

Exceptionally, for reasons derived from the destination or due to duly accredited personal circumstances, the Managing Director of INVIED may extend the term.

After that period without the housing being occupied due to the beneficiary, the award shall be without effect and the person may not enter the list of the petitioners for military housing or receive compensation. economic, as long as it is destined for the same locality or geographical area.

4. The successful tenderer shall be obliged to pay the fee or, where appropriate, the fee for the month in which the military housing is delivered and the parking space in the case where the latter is held, if the latter occurs in the first place. ten days and, consequently, will no longer perceive the economic compensation of the same month in the event that it came to be perceived.

5. Once the successful military housing has been formally handed over, the beneficiary shall not be able to enter the list of the petitioners for military housing, or receive any financial compensation, as long as it is intended for the same purpose. location or geographical area.

6. The successful tenderer of a military housing shall be obliged to notify the INVIED within a period of 15 days of the termination of the destination which entitles him to his occupation, and any change in his situation which would result in the cessation or modification of the latter. right.

7. Military housing shall not be awarded on a special lease basis, nor may it be awarded economic compensation for change of destination in a given locality or geographical area, the military personnel who have been evicted by virtue of a judicial order for entry into service following the firmness of the Resolution which has put an end to an administrative file of eviction in that locality or geographical area.

Article 31. Loss of right of use.

1. The right of use of military housing which is expressly declared as non-rentable and occupied, under special lease, after 11 July 1999, shall cease for the following reasons:

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

b) Change of destination when involving change of locality or geographical area or when the dwelling is linked to the said destination.

However, due to the operational needs of the Armies, the Managing Director of the INVIED, with the prior report of those, will be able to determine destinations in which, even if not coinciding with the place where the house is located military, the right of use will not cease.

The regime set out in the previous section will apply to:

1. Händs and destinations whose duration does not exceed the 24-month period provided that a subsequent immediate destination is obtained in the locality or geographical area where the military housing is located, or in the military enclosure, in the case of linked dwellings.

2. DeDestinations in which, those who perform them, are performing any course of teaching in the Armed Forces of training, improvement or of high studies of national defense.

In any case, those destinations which have been awarded the flag of charge shall be exempt from the scheme referred to in the second subparagraph of point (b).

The relationship of the destinations referred to in that second paragraph is published in the "Official Gazette of the Ministry of Defense".

c) Loss of the status of a career military or professional soldier of troops and marineria.

d) Pass to the holder's retirement.

e) Death of the holder.

For all the above reasons, the provisions laid down in Article 25 may be applied to them, where appropriate.

2. The users of the dwelling must vacate it within one month from the date on which the corresponding declarative provision of any of the causes or the death of the owner takes effect.

In the event of no voluntary eviction, the corresponding eviction file will be initiated which will be in accordance with the procedure laid down in Articles 142 to 144 of Decree 2114/1968 of 24 July, for which the approves the Regulation for the implementation of the Law on housing for official protection, recast text adopted by Decrees 2131/1963 of 24 July, and 3964/1964 of 3 December, the resolution of which must be notified to the parties concerned within the deadline maximum of six months.

Article 32. Non-eligible military housing linked to certain destinations.

1. The Secretary of State of Defense, as well as the General Headquarters of the Army and the management centers of the department, shall determine the relationship of non-renseable military housing located within bases, offices, buildings, or military establishments, which are linked to the generic destinations of the units, centres or bodies located therein.

2. The arrangements applicable to the dwellings referred to in the preceding paragraph and to their users shall be that laid down in this Statute, with the exceptions set out below:

(a) They may be offered only and, therefore, awarded to the staff assigned to the destinations to which they are bound.

(b) For the purposes of fixing the amount of the charges for the use of these dwellings, account shall be taken, in addition to the provisions of Article 21, of their location within the bases, the waterings, buildings or military establishments. and its binding to generic targets of units, centers, or organisms.

(c) The termination of the residence to which the dwelling is linked shall be the cause of loss of the right of use of the dwelling, where the provisions of Article 31.2 apply. However, where the assumptions referred to in the second paragraph of Article 31.1 (b) are given, it shall be subject to the provisions of the second paragraph of Article 31.1 (b), and in the same way shall be as provided for in Article 27.2, where applicable.

3. For military housing linked to certain destinations which are occupied by personnel which do not correspond to them, as well as to their users, the provisions of paragraph 2.b) shall not apply to them.

CHAPTER III

Charge flags

Article 33. Pavilions de cargo.

1. The Minister of Defence shall regulate the arrangements applicable to the flags of charge, as defined in Article 18.2 of this Statute, in which the charges and destinations to which they are assigned as official domicile or social representation shall be determined, on the basis of criteria, inter alia, of outstanding liability or the need for continued presence on the basis of the activities to be carried out; the procedure for qualification and disqualification as such of the relevant buildings; the rules for their award, occupation, administration, conservation and eviction; and incompatibilities which, where appropriate, are considered to be applicable to their users.

2. For their qualification as pavilions, priority shall be given to housing located inside the bases, the waterings, buildings and military establishments, in the absence of which are integrated into non-suitable buildings and last, and with exceptional character, other dwellings.

3. The effective cessation of the charge, the extinction of the cause which prompted the award of a flag of charge, or any of those provided for in Article 23 which may be applicable, and after the expiry of the period fixed from the date of Receipt of the request made by the INVIED, for the voluntary eviction of the building, without the owner or those with the convivan having evicted it, the corresponding administrative file of eviction will be opened, which will be adjusted the procedure laid down in the preceding articles for military housing.

4. The buildings described as pavilions of charge may not be disposed of and their disqualification, when the circumstances which have been motivated by it have varied, shall be carried out once they are empty, by means of the corresponding provision in which its use or subsequent destination will be flagged.

TITLE III

Disposing of goods and rights

CHAPTER I

General provisions for the disposal of real estate

Article 34. General provisions and prior procedures.

1. Immovable property, other than military housing, which is disaffected by the Minister of Defence and placed at the disposal of the INVIED shall be subject to disposal, subject to the provisions of Title IV, Chapter II. The special scheme for the disposal of military dwellings shall be that laid down in the second provision of Law 26/1999 of 9 July and Chapter III of this Title.

2. Immovable property which, in place of other initially disaffected and made available, is obtained as a result of the formalisation of swaps, shall also be deemed to be available for consideration by the INVIED. repairs carried out in the implementation of urban planning, the implementation of conventions and property operations which the Institute may carry out to improve the profitability of buildings.

3. The competent body to agree on the disposal of real estate and real rights, both own and put at the disposal of the public body, shall be the Managing Director of INVIED, except in the case of procedures for direct disposal of the goods that have been affected and made available, in which the competition will be from the Minister of Defence.

However, the disposal must be authorized by the Council of Ministers in the cases provided for in Article 135.3 of Law 33/2003 of 3 November.

4. The provision of the INVIED shall not prejudice the possible rights of third parties on such goods, which shall be exercised before the autonomous body, which shall be subrogated to all effects on the rights and obligations of the Status.

The Institute shall be competent to carry out any action on its own initiative or at the request of the persons concerned by reason of the rights which may result from the disaffection of the end for which the goods would have been, in their day, expropriated or donated.

5. Prior to the disposal, the real estate must be physically and legally purged, with the deslinde being practiced if necessary and by registering in the Land Registry if they are not yet, exercising the authority the powers of investigation, the provision of registration and registration, in addition to all those provided for in the relevant legislation.

However, assets may be disposed of which are to be segregated from others owned by them, or in the process of being registered, dislocated or subject to charges or encumbrances, provided that these circumstances are brought into knowledge of the acquirer and accepted by the acquirer.

Litigation assets may be used in accordance with the provisions of Article 140 of Law 33/2003 of 3 November.

6. Before proceeding to the disposal of any immovable property made available, the expert assessment of the property shall be carried out in accordance with the terms of Article 114 of Law No 33/2003 of 3 November 2003, or by the technical services of the Institute or, by way of exception, external appraisal services.

The assessment must be approved by the Managing Director of the body.

The appraisals will have a validity period of one year, counted from their approval.

7. Prior to the disposal of the immovable property, the Institute shall communicate it to the Ministry of Finance and Public Administrations, through the General Directorate of the State's Heritage, which may, within two months, decide on the to maintain the assets in the State Heritage to affect them or to ascribe them to any other service of the General Administration of the State or its public bodies, by means of the corresponding budgetary compensation in favour of INVIED for the value of the good.

For the purposes of exercising this option, the above communication must be accompanied by the identification documentation of the building.

If the General Administration of the State's Heritage considers the property to be of interest and for the purpose of making a final decision on the exercise of the option, it may ask the Institute for a detailed description of the property, together with their registration data and the assessment of the same to be carried out in view of the urban use corresponding to the destination to be granted to it by the General Administration of the State or the public body, to which it is intended affect or be assigned, even if the current classification and urban qualification of said good implies a higher value. The request by the State Heritage Directorate-General for this supplementary information shall suspend the two-month period for the option to be made until the relevant documentation is received.

The conditions of the compensation and its articulation shall be set out in an agreement between the INVIED and the ministerial department or body concerned to obtain the provision of the good which, once subscribed, will be sent to the Directorate General of the State Heritage to initiate the processing of the corresponding Order of Affectation or Adscription.

By way of exception, the budgetary compensation in favour of INVIED may be made in kind, in particular in works and in the construction of facilities deemed necessary to carry out operations linked to the delivery of the goods or other goods.

If two months have elapsed since the notification to the Ministry of Finance and Public Administrations, without any communication having been received, it will be understood that the Ministry does not choose to maintain the In the State Heritage, the INVIED can proceed to the proposed disposal.

8. The General Intervention of the State Administration shall issue a preliminary report on the procedures for the direct disposal of goods or rights, the value of which exceeds 1,000,000 euros, on the holding whose annual income exceeds that amount, and in those of free disposal to be authorized by the Council of Ministers. This report will examine in particular the budgetary and economic-financial implications of the operation.

9. The disposal of immovable property and rights thereon, located abroad, affected and made available to the Institute shall be processed and resolved by the Institute, after a favourable report by the Minister of Finance and Administrations. Public.

10. The disposal of land adjacent to the public maritime domain or located in its area of influence may not be carried out without the prior declaration of being unnecessary for the protection or use of that domain, in the Terms provided for in Law 2/2013 of 29 May, for the protection and sustainable use of the coast and for the amendment of Law 22/1988, of 28 July, of Costas.

CHAPTER II

General rules for the disposal of real estate

Article 35. Forms of disposal.

1. The disposal of immovable property may be carried out by means of a tender, auction or direct award.

2. Notwithstanding the foregoing, the disposal of military dwellings, with the exception of those referred to in Article 43.3, shall be carried out by the procedure laid down in the second provision of Law 26/1999 of 9 July and in the Chapter III of this title.

Article 36. Provisions common to competitions and auctions.

1. The Managing Director, prior to the Legal Counsel's report, will approve the specifications of the competition or auction conditions in which they will necessarily have to be entered, in accordance with the provisions of Article 97.3 of the General Law of the Law 33/2003, of 3 November, of the Patrimony of Public Administrations, approved by Royal Decree 1373/2009 of 28 August 2009, the full description of the subject matter, the sale procedure selected, the assessment of the good or the right, which determine the type of invitation to tender, the requirements to be met by the tenderers and the the documents to be submitted, the guarantees to be lodged, the place and time limit for the submission of tenders and the opening of tenders and the award of the contract and the other conditions under which the type of disposal chosen shall take place.

2. The bidding table shall be composed of a president, who shall be the Deputy Director General Economico-Financial, a member of the Military Legal Body, preferably among those assigned to the Legal Counsel of the body, a member of the Body Military intervention intended for the Delegation of the Institute and two vowels representing the body, one of which shall belong to the general sub-directorate responsible for the matter. Likewise, one of the two vowels, who must be an official, will act as a voice and vote secretary.

3. In accordance with Article 137.6 of Law 33/2003 of 3 November, in order to be able to participate in the disposal proceedings, other than military housing, which shall be governed by its specific provisions, the They must be a guarantee of 5% of the value of the value of the goods. In special cases, attended to the characteristics of the property and the form or circumstances of the disposal, the Managing Director may raise the amount of the guarantee up to 10 percent of the value of the valuation.

The guarantee may be constituted in any form provided for in the law of public sector contracts, depositing it in the General Deposit Box or in its branches of the delegations of Finance and Administrations. Public. In the event that this is provided for in the Pliegos, the guarantee may also be constituted by a conformed check or bank cheque, in the form or place that is indicated in the documents.

The accreditation of the lodging of the guarantee may also be made by electronic, computer or telematic means, provided that this is provided for in the specification.

The cash or cheque or bank guarantee shall be applied at the price of the sale.

This deposit will be returned to those who have not been successful.

Of competing bidders, the guarantee will necessarily express that it covers the responsibilities of the group and of each of the companies in solidarity.

4. The decision of the tender or the award of the auction shall be notified to those who are acquired, in order to pay the price, the costs of the procedure and the taxes corresponding to the income of the agency's account in the a period of one month from receipt of the notification.

In case of deferred payment, the prescriptions contained in Articles 134 of Law 33/2003, of 3 November, and 99 of its General Regulation, approved by Royal Decree 1373/2009 of August 28, will be followed.

5. According to the provisions of Article 113 of the aforementioned Law 33/2003 of 3 November, the disposal of immovable property or rights to immovable property shall be formalised in public deed. The costs incurred as a result of this shall be on behalf of the successful tenderer. The lack of concurrence of the successful tenderer to the grant of the deed will imply the decay of his right and the loss of the bond, without prejudice to the compensation to the body of damages caused.

6. In the event that the award is unsuccessful because the contract is not to be formalised by reason of the successful tenderer, the disposal may be carried out in favour of the tenderer who has presented the following most advantageous tender or direct disposal of the good.

Section 1. Contest

Article 37. Contest procedure.

1. In the case of buildings whose form of disposal is the contest, the rules on this matter contained in Chapter II of Title V of the General Regulation of Law No 33/2003 of 3 November of the Heritage of the Administrations shall apply. Public, approved by Royal Decree 1373/2009 of 28 August 2009.

2. Notwithstanding the foregoing, the disposal of military housing shall be governed by the provisions of Chapter III of this Title.

Section 2. Subasta

Article 38. Auction procedure.

1. The INVIED may sell by auction the immovable property and rights which are at its disposal, in accordance with the provisions of Article 71.17 of Law 50/1998 of 30 December 1998, in this statute and, failing that, by the provisions of the contained in Law 33/2003 of 3 November, and other development provisions.

2. In addition, military dwellings, referred to in Article 43.3, and other buildings and their own rights, may be sold by auction in accordance with the terms laid down in Law 26/1999 of 9 July in this Statute and other provisions.

3. The procedures for public auction may be used for the auction of real estate and real rights, or with a presentation of positions in closed positions. It shall also be possible to use telematic means for the conduct of the auctions in accordance with the procedures to be established in this respect.

Article 39. Auction to the upside and with economic proposition in on closed.

1. In addition, the rules of Title V, Chapter II of the General Regulation of Law 33/2003 of 3 November of the Heritage of Public Administrations, approved by Real, will be applied to the auctions on the increase and with economic proposition in the closed. Decree 1373/2009 of 28 August 2009 on what is applicable to them.

2. On a specific basis, the following rules are laid down for this type of auction:

(a) Statement of Conditions: the Managing Director of the Institute, after a report by the Legal Counsel, shall approve the specifications of the auctions in which it will necessarily be identified:

1. The object of the auction.

2. º The auction class.

3. º The tender type price, which may not be less than the value of the good.

4. The requirements to be met by the tenderers and the documentation to be submitted.

5. The guarantee to constitute, the place and the time limit for the presentation of the same and everything related to the opening of bids and the award, according to the kind of auction.

(b) Announcements: the auction shall be announced in accordance with the provisions of Article 138.3 of Law 33/2003 of 3 November.

The INVIED will be able to establish complementary mechanisms to disseminate information on real estate in the process of sale, including creation, subject to the provisions of the Organic Law 15/1999, of December 13, Personal Data Protection, from files with the data of persons who, voluntarily and expressly, request them to be sent to them.

c) Accreditation of personality, capacity and representation: tenderers must prove to the table their personality, capacity and representation, by means of the documents which are determined in the documents of the conditions of the auction.

(d) Award: the final award shall be made within the maximum period of thirty days from the day following that of the auction, by the Managing Director of the body, prior to the report of the Legal Counsel of the same. If the award agreement is not issued within the period referred to in the preceding paragraph, the tenderers shall be entitled to withdraw their proposals and to be returned to the guarantees they have provided.

e) Payment of the amount: The successful tenderer must enter the amount of the auction, the costs of the procedure and the taxes corresponding to the designated account of the Institute within one month, counted from the day following the notification of the adjudication resolution.

(f) If the successful tenderer fails to comply with the obligations set out in the preceding paragraphs, it shall be deemed to be automatically decayed in his/her right and the loss of the bond, as well as the compensation to the INVIED, shall be agreed upon. the damages that it could have caused.

Section 3

Article 40. Direct disposal procedure.

1. The own immovable property and the positions at the disposal of the INVIED may be directly disposed of in the cases referred to in Article 137.4 of Law 33/2003 of 3 November.

2. The direct selling procedure shall be in accordance with the provisions of this Chapter for each type of goods and in the General Regulation of Law 33/2003 of 3 November of the Heritage of Public Administrations, approved by Royal Decree 1373/2009, dated August 28.

3. In the case of direct disposal, part of the payment in kind may be included, in particular in works and in the construction of facilities deemed necessary to carry out operations linked to the delivery of the goods.

4. Payment deferrals of up to three quarters of the price per period not exceeding 10 years may be provided for in direct sales of buildings and provided that the payment of the deferred amounts is sufficiently guaranteed by condition explicit resolution, mortgage, bank guarantee, security insurance or other sufficient guarantee on the market. The deferral interest may not be less than the legal interest of the money.

5. The costs incurred as a result of the disposal shall be on behalf of the purchaser.

CHAPTER III

Specific rules for the disposal of military housing

Article 41. Sales procedures and calendars.

1. Dwellings which are not included in the ministerial orders referred to in Article 19 (2) may be disposed of in accordance with the rules contained in this Statute which shall be expressly applicable, in any case, therefore, any other specific arrangements to which military housing and other buildings may have been previously received.

2. The sale prices for the sale by direct award of the dwellings and those to be fixed as a tender basis for their disposal by the tender or auction procedures shall be determined by resolution of the Managing Director of the INVIED and shall be the ones listed in the respective sales offers.

3. Successful military housing bidders shall make the amount of the cash purchase cash at the time of formalizing the public deed.

4. From the moment in which a building is situated in whole or in part, the community of owners will assume all the services and common elements of the estate transmitted. In each case, the INVIED shall be integrated as the owner of the dwellings or premises which have not been disposed of.

5. Dwellings acquired by the direct award procedure or tender shall not be subject to disposal until three years have elapsed since the time of the sale, except for the death of the acquirer.

The mortgage for the purchase of the home, will not be understood as included in this legal prohibition of disposition of the property.

For these purposes, the mortgage will be understood to be in the moment of the acquisition of the dwelling, whatever the amount of the property.

In any case, during the ten-year period from the acquisition of the dwelling, the first transmission by means of live acts of the same, of part of it or of the undivided quota, must be notified to the INVIED, with an indication of the price and conditions under which the sale is intended. Within one month of receipt of the notification, the said Institute shall authorise the transmission or exercise of the right of tanteum.

The third party shall be obliged to send to the same body a copy of the public deed in which the sale was made. If the transmission has been carried out without having carried out the required notification or under conditions other than those indicated therein, the Institute may exercise the right of retraction within one month of receipt of the writing. public.

For the registration of these property titles in the corresponding Land Registry, it will be necessary to have the accreditation of having carried out the procedures provided for in the previous two paragraphs.

6. Contracts of sale that are signed as a result of the disposal of military, commercial premises and other buildings owned by the extinct Institute for the Housing of the Armed Forces will have the nature of contracts. private administration.

7. The Minister of Defence shall, in any event, lay down the criteria for determining the order of precedence and the time-frames for the sale of military dwellings, in accordance with public interests.

8. The military units to be used for the purposes of the property must be administered by the INVIED and be part of its patrimony, after debugging, if necessary, of its physical and legal situation; being registered in the Land Registry, once completed the necessary work of segregation, release of loads and horizontal division of the property concerned; and not to be included in the relations of non-eligible military dwellings referred to in Article 19.2 of this Regulation. status.

Article 42. Disposal of occupied dwellings.

1. The occupied dwellings may be offered to the holder of the contract referred to in Article 20 or, in the case of death of the contract, to the spouse who lived with him at the time of death and, failing that, to the persons who are related to continuation, if they have lived together with the last holder of the last two years immediately and provided that the dwelling is the habitual residence of the same:

a) Person in the same relationship of affectivity as the spouse,

(b) children of the holder with a disability equal to or greater than 65%,

(c) other children of the holder and

d) ascendant to first-degree holder.

If there are two or more persons listed in the preceding paragraph, the dwelling may be offered only to one of them, following the order in which they are cited above and the cases of equality between the two children in favour of the lower age.

In cases of housing that by judgment or firm decree, or by granting public deed to Notary, has been declared a nullity, separation or divorce, are occupied by person other than the holder of the contract, the disposal of the dwelling to that holder shall only be possible provided that, concurring all the other requirements provided for in this statute, the condition of expressly stating in the public deed of sale, the (a) the rules governing the use of family housing as set out in the Convention the regulator approved by the Judge, or formulated before the Judicial Secretary, or in public deed before Notary, or, failing that, in the measures taken by them as well as in all the judicial changes dictated by substantial alteration of the circumstances in accordance with the provisions of Articles 90 and 91 of the Civil Code and which were produced before the provision of the said deed.

Without prejudice to the foregoing paragraphs, the occupied dwellings shall be offered to the person who has been assigned to use them by a firm judgment of separation, divorce or invalidity, or by judgment of the court. declare, in the event that it does not constitute the habitual residence of the holder of the contract and that he expressly disclaims to exercise the right of purchase once the offer has been received, or tacitly if within two months of receipt of the contract the offer does not manifest its will to acquire, or will revoke its acceptance, (a) the right to permanent occupation of housing on a special lease and to the right to apply it as laid down in Article 64.5 of this Statute.

The enablement contained in the preceding paragraphs for the disposal of the dwellings shall not be understood as the right acquired in favour of prospective buyers until they receive the corresponding offer. However, in the case where the person to whom the dwelling is held, in accordance with the first and second subparagraphs, dies before receiving the corresponding offer, those who follow him in the order of precedence may, if it does not correspond to the right of use for life as provided for in Article 20 of this Statute, to continue to use housing until such time as such offer is received.

2. The acquisition of the dwelling shall be potential, with the right of the user remaining to the permanent occupation of the house under special lease, as determined in Article 20. Except in the case of a transitional occupation of the dwelling provided for in the last subparagraph of the previous paragraph, if, within two months of receipt of the above offer, the person concerned does not manifest its express intention of acquisition, the INVIED will be able to resolve in full right the contract signed on the same one, without application to this case the provisions of paragraph 5 of this article.

3. The final sale price of the occupied dwellings shall be fixed in accordance with the actual market value at the time of their offer, to which the deduction referred to in this paragraph shall apply.

For these purposes, it will be considered as a real market value that will be set by at least two valuation entities, registered in the corresponding register of the Banco de España and selected by public tender, according to the following procedure:

(a) The selected valuation entities, at the request of the INVIED, shall carry out household appraisals, taking as a basis the method of comparison, procedures, criteria and technical instructions identified in the Order ECO/805/2003 of 27 March 2003 on rules for the valuation of immovable property and certain rights for certain financial purposes, or rule replacing it and other conditions laid down in the specifications techniques.

(b) The valuation shall determine the average price per square metre of the total area constructed of the building. This assessment shall take into account the common elements and general services of the building, the residual buildability if any, and in the case of single-family dwellings, the value of the parcel on which the dwelling is located.

The residual buildability which may be assessed as referred to in the preceding paragraph shall be subject, in the case of single-family dwellings, to the possibility of such residual buildability being carried out on the parcel where it is located. the property to be assessed and, in addition, allows the optimization of the total of the residual buildability existing in the scope of action to which the parcel in question belongs, all in accordance with the urban norms that apply to it. If this is not the case, the provisions of Article 23.2.c) of this statute would apply to it.

In the case that in the scope of the unit of action, the residential use is of typology of multifamily dwellings, and the residual buildability derived from the planning cannot be materialized in that field in building the new plant, where appropriate, may be made to the resolution of the contracts for the use of the dwellings, in accordance with Article 23.2.c) of this statute.

The valuation firms shall set the actual market value of each dwelling taking into account the average price per square metre referred to in the first subparagraph of this paragraph, the corresponding corrections for their situation and relevant specific features and that spaces for parking shall be allocated equally between all dwellings in the building.

(c) The actual market value of each dwelling shall be that of finding the arithmetic mean of the valuations and shall be valid for twelve months for the purpose of the offer of sale to its users, after which it shall be need to be determined again according to the procedure described.

The resulting amount as a real market value shall be deducted from the amount of the deduction which, taking into account the criteria which have been applied for fixing the fees for use and the weighting of the life-occupation right of the users, is valued at 50 percent, except for the residual buildability, if any, that will compute 100 percent, thus determining the final sale price.

4. The occupied dwellings shall be set up by the direct award procedure, with the following particularities:

(a) The Managing Director of the INVIED shall dictate the order of commencement of the disposal file, which may relate to a dwelling or a group of them.

(b) Authorised the initiation of the file, each user shall be notified individually of the offer of sale, including the final price assigned to the dwelling he occupies and the general and particular conditions which are determine. They shall also be notified of the period within which, if they accept the offer precisely in the terms in which it has been made, they shall inform the INVIED.

(c) Finished the period referred to in the preceding subparagraph, the Managing Director shall give the appropriate resolution by awarding the houses whose tender has been accepted, in the price and under the conditions specified, which shall be notified of individual form to those concerned. However, for those acceptances made after the period indicated, the award resolution may be issued provided that the assessment is in force and the needs of the Institute so permit.

d) Once the housing has been awarded, the INVIED will carry out the appropriate actions for the formalization of the corresponding contract of sale.

If any successful bidder does not formalize the corresponding purchase and sale deed on the date that is noted, it will be deemed not to accept the offer of sale of the housing it occupies.

5. Users who have not accepted, expressly or tacitly, the offer to sell the dwelling they occupy, or do not do so within the time limit referred to in point (b) of the previous paragraph or do not formalise the deed of sale, may subsequently ask for their purchase for a period of five years from that offer. In this case, the new offer shall be made when the intended sales calendar is not disturbed and the final sale price shall be fixed again, in accordance with the procedure laid down in paragraph 3 of this Article.

Article 43. Disposal of vacant dwellings.

1. The vacant dwellings, except those that the Minister of Defense chooses to assign to other units of the Department, may be used by personnel in the service of the Ministry of Defense, according to the the procedure to be determined by the Minister of Defence.

In the aforementioned scales, the administrative situation, seniority, family burdens and economic proposition of the contestants will be taken into account, among other parameters, with a priority and in this order, that the the military is in the active service situation, as well as the circumstance, duly accredited, of having evicted the military housing it occupied, in application of the Royal Decree 1751/1990, of 20 December, for which the Institute is created for the Housing of the Armed Forces, the Patronato de Casas Militares of the Army of the Earth, the Patronato de Casas de la Armada, the Patronato de Casas del Ejercito del Aire and rules on military housing, as a result of the move to reserve situations.

2. For each housing, the final selling price resulting from the valuation carried out in accordance with the procedure described in paragraph 3 of the previous Article shall be fixed as the tender price for each dwelling.

3. Vacant dwellings which are not awarded by the tendering procedure shall be put up for public auction, subject to the procedure laid down in Chapter II.

They may also be referred to by direct award when the circumstances provided for in Article 137.4 of the said Law 33/2003 of 3 November are met.

CHAPTER IV

Specific rules for the disposal of own properties

Article 44. Disposal of leased commercial premises.

1. The commercial premises which are leased may be disposed of by the system of direct award to their legitimate tenant in the price to be fixed, by resolution of the Managing Director of INVIED, in accordance with the procedure described in Article 42 (4) of this Statute, without application of the deduction provided for in paragraph 3 of the same provision. In case the user does not accept the purchase, it may be disposed of in accordance with the provisions of the following article.

Article 45. Disposal of other buildings.

Commercial premises and other own buildings which do not have a user, other than military dwellings, shall be disposed of in accordance with the procedures laid down in Article 137 of Law No 33/2003 of 3 November 2003. Assets of the General Government and Chapter II of Title V of its General Regulation, approved by Royal Decree 1373/2009 of 28 August 2009.

In the disposal of these buildings, the requirements contained in Article 34 of this Statute shall be observed. If the property is to be assigned to other services of the State Administration or its public bodies, the property shall be incorporated into the assets of the General Administration of the State, by means of the budgetary compensation.

CHAPTER V

Flooring to cooperatives

Article 46. Disposal of soil to cooperatives.

1. In order to facilitate access to the housing property of the members of the Armed Forces, the INVIED may agree to the disposal of land to cooperatives whose primary purpose is the construction of houses owned by the members of the Armed Forces. Armed Forces.

2. Only the soil that, at the time of the establishment of the INVIED, out of ownership of the extinct Institute for Housing of the Armed Forces, will be susceptible to cooperatives.

3. The Minister of Defence shall determine the requirements and procedures for the application of the measure provided for in this Article and shall lay down the criteria for the award of the measure, in accordance with the purpose of the measure. All in accordance with the conditions set out in the following paragraph.

4. The disposal of land to cooperatives shall be subject to the availability of land intended for this purpose by INVIED and shall, in any event, meet the following conditions:

(a) The dwellings to be constructed by the aforementioned cooperatives shall be in official protection.

(b) Land disposal shall be carried out by means of the tendering procedure.

(c) The offer price of the land shall be fixed in accordance with the module legally established under the scheme set out above.

(d) The award of the contest shall be carried out by the application of the scale to which it is established by the Minister of Defense, in which he shall be first, among other conditions of the cooperative, to be a professional military which maintains a service relationship of a permanent character, in active service situation.

CHAPTER VI

Disposal of movable property

Article 47. Disposal of movable property, weapons, equipment, equipment and other defence products.

1. The INVIED will be able to dispose of, after being made available by the Minister of Defense, movable goods, arms, equipment, equipment and other defense products, of the Ministry of Defense, and once the corresponding agreement of Disposal that will involve disaffectation and low inventory.

The processing of the procedure for the disposal of these goods, as well as their assessment, will be carried out by the bodies mentioned in Royal Decree 1638/1999 of 22 October, which regulates the disposal of goods furniture and defense products in the Ministry of Defense, and its development provisions corresponding to the Managing Director the formalization of the contract. In cases where the disposal is governed by Law 33/2003 of 3 November, the Managing Director shall be responsible for the formalisation of the contract or the order of disposal.

2. For the purposes of the foreign exchange, the provisions of Law 53/2007 of 28 December 2007 on the control of the foreign trade in defense and dual-use material, as well as the provisions that develop it, will be included.

3. The disposal of movable property other than those referred to in the preceding paragraphs shall be carried out in accordance with the terms laid down in this Statute for the disposal of immovable property in so far as it applies, and in Law No 33/2003 of 3 November.

TITLE IV

Other forms of asset management

CHAPTER I

Permuse and free cession

Article 48. Permuta.

1. The buildings belonging to the INVIED's own heritage, as well as the posts made available to it and after they have been declared inajendable, may be permuted by other persons, subject to the expert assessment of each other, provided that it is the difference in value between the goods in question is not more than 50% of the value of the property that has the greatest value.

2. It is appropriate to authorise the swap to the Managing Director of the autonomous body, except where the value of the good or the right, according to valuation, exceeds EUR 20 million, which must be authorised by the Council of Ministers.

3. The exchange of goods and rights of the INVIED shall be subject to the rules laid down in Article 153 of Law 33/2003 of 3 November of the Heritage of Public Administrations and Chapter VI of Title V of its General Regulation, approved by Royal Decree 1373/2009 of 28 August 2009.

Article 49. Free disposal.

1. The goods placed at the disposal of the INVIED which are being used on a continuous basis such as roads, roads or traffic distribution areas with a public nature, may be transmitted free of charge in favour of Autonomous Communities and local entities in which they are located, as long as the use to which it was intended is not altered.

2. The free transfer of goods and rights shall be governed by the requirements of Title V, Chapter V, Section 5. of Law 33/2003 of 3 November of the Heritage of Public Administrations and Title V, Chapter VI, Section 1. of its General Regulation, approved by Royal Decree 1373/2009 of 28 August 2009.

3. In any event, such transmission shall have the required authorisation of the Governing Council.

Article 50. Provisions common to cases of disposal, permuse and free disposal.

The cases of disposal, permuse or free disposal of goods which are intended to be made available to the INVIED for disposal may be processed by this body even if the goods are affected by a use or by a public service during the instruction of the same, provided that it is disaffected before the decision or approval of the relevant estate operation is issued.

CHAPTER II

Administration, exploitation and exploitation of goods

Article 51. Competence.

The managing director of the body may agree to the exploitation of the own property and property rights and made available to the Institute when it is considered that greater profitability would be obtained through the exploitation of same.

Article 52. Procedures.

1. The exploitation of property or property rights may be carried out through any legal business.

2. The duration of the operating contracts and the procedure for their award shall be as laid down in Articles 106.3 and 107, both of Law 33/2003, of 3 November.

3. Lease agreements with option to purchase immovable property may be concluded subject to the same rules of jurisdiction and procedure as apply to enajenations.

The transfer of the use of the military housing under special lease arrangements, the flags of charge, the garage spaces and, where appropriate, the commercial premises, which will be governed by the rules contained in the Law 26/1999, of July 9, and in this statute, as well as in its provisions of development.

4. The allocation of the use of property or property rights for a period of less than 30 days shall not be subject to the requirements of this Chapter. The Managing Director shall set out in the act of authorisation both the conditions of use and the consideration to be met by the applicant.

Article 53. Entrusts for the use and exploitation of affected goods in the public domain.

1. The Ministry of Defence may entrust the agency with the economic and commercial use and exploitation of the goods concerned to the public domain whose characteristics, situation and use arrangements make this type of use possible. additional.

2. Such packages shall be subject to the conditions laid down for each case.

TITLE V

Acquisition of goods and rights

Article 54. Acquisition of real estate or rights.

1. In accordance with the provisions of Articles 21.2 and 116.2 of Law 33/2003 of 3 November, the acquisition of immovable property or rights in respect of immovable property for payment or free of charge shall be made by the Managing Director, subject to a favourable report. of the Minister of Finance and Public Administrations.

2. The acquisition of real estate and rights to the defense infrastructure for use by the Armed Forces must be previously authorized in the Institute's investment program approved by the Governing Council.

3. The acquisition of real estate will take place through public competition. However, the Managing Director may authorise the direct acquisition where it considers it appropriate for the peculiarities of the need to satisfy, the conditions of the real estate market, the urgency of the acquisition resulting from the unforeseeable events, or the special suitability of the good.

Also, direct acquisition may be agreed upon in the assumptions of Article 116.4 of Law 33/2003 of 3 November.

The acquisition of the property or right will be communicated to the Ministry of Finance and Public Administrations so that it can be discharged into the General Inventory of Goods and Rights of the State, referring to the copy of the title under which the acquisition was verified.

4. The affectation to the Ministry of Defense for use by the Armed Forces must be agreed upon by the Ministry of Finance and Public Administrations by registering, once carried out, in the Land Registry by the INVIED.

5. The acquisition of foreign real estate and rights on the property will be agreed upon by the INVIED, following a favorable report by the Ministry of Finance and Public Administrations.

Article 55. Acquisition of movable property, arms and equipment and equipment.

1. The onerous acquisition of movable property, armaments and equipment for use by the Armed Forces must be previously authorized in the investment program approved by the Rector Council, corresponding to the title of those goods, from the moment of the acquisition, to the estate of the State concerned to the Ministry of Defence.

Notwithstanding the foregoing, the free acquisition of movable property shall be governed by the provisions of Article 41 of the General Regulation of Law 33/2003 of 3 November of the Heritage of Public Administrations, approved by Royal Decree 1373/2009 of 28 August 2009.

2. The Governing Council shall assess, within its annual budget forecasts, the possibilities of financing for the purchase of movable property, arms and equipment and equipment that have been requested, in accordance with the approved plans. by the Ministry of Defense.

3. The projects in which the onerous acquisitions are carried out must be identified in the real investment annex of the body accompanying the General Budget of the State.

TITLE VI

Urban Cooperation

Article 56. Urban and heritage conventions.

The INVIED may celebrate, for the fulfilment of its purposes, urban and heritage conventions relating to both the goods and the goods at its disposal, as well as its own property.

Conventions are subject to the principle of freedom of covenants provided that they are not contrary to the law, to the public interest or to the principles of good administration, and clauses and stipulations allowing the Institute to participate in the increases in value achieved by the buyers or transferee of those resources and, in particular, in the capital gains generated as a result of the urban development.

Article 57. Contributions to Compensation Boards.

Goods made available to INVIED may be provided to compensation boards in accordance with the current planning legislation.

TITLE VII

From economic compensation and aid for access to home ownership

CHAPTER I

Common Provisions

Article 58. Definition of locality and geographical area.

1. For the purposes of the recognition of economic compensation and the award of military housing under special leasing arrangements, each of the municipalities listed in the list of local entities determined by the Ministry of Finance and Public Administrations, with the provisos referred to in the following paragraphs.

2. With regard to the requirements established to be a beneficiary of economic compensation or of military housing under special lease, the Minister of Defense, on a proposal from the Council Rector of the INVIED and previous report of the Heads of State Greater of the Armies, it may identify as a single locality the geographical area formed by two or more municipal terms, according to their reasonable proximity, possibilities of communication between them and existence in the same units, Ministry of Defence centres or bodies.

3. For the fixing of the amount of the economic compensation, as well as the charge for the use of military dwellings and parking spaces, the Minister of Defense will be able to associate the different localities in groups, depending on similar conditions. (a) in particular the entity of the municipalities and the rental market of the dwellings, as well as any other features which are considered appropriate in each case.

4. For measures in kilometres, for the purpose of the usual residence, the relevant ministerial order shall be subject to the provisions of the relevant ministerial order.

Article 59. Targets.

1. For the purposes of the recognition of economic compensation and the award of military housing on a special lease basis, the following shall be taken into account:

(a) Only the destinations regulated in Title V of Law 39/2007 of 19 November and in its development provisions shall be entitled to the award of military housing.

(b) For the recognition of economic compensation, the appointment as a student or concurrent of a course of the military education system governed by Title IV of Law 39/2007 of 19 shall also be considered as a destination. November, and in its implementing provisions, if the student or concurrent ceases at the destination of origin, in application of the provisions of Article 25.4.k) of the Rules of Destinations of the professional military personnel, approved by Royal Decree 456/2011, of April 1, or did not have it, considering itself as a locality of destination the one in which the Student provides services or develops activities, regardless of the destination assigned pursuant to Article 25.7 of that Regulation.

Where appropriate, the successive stages in which the course is divided and will entail change of locality, will also have the consideration of destination, considering, in turn, as a location of destination, the place where the services or activities are developed in each of them.

The courses mentioned above, as well as the phases in which, if any, are divided, that have a duration of less than 30 days will in no case have the consideration of destination.

2. The commission of services and the commission of services with the consideration of eventual residence shall in no case be considered as a destination.

3. Overseas destinations shall not be eligible for economic compensation.

4. For military personnel, with a permanent service relationship, the first destination will be the one who takes care after obtaining the first military job as a military career, after the corresponding curriculum and obtained the required qualification.

5. For the military complement and the professional military personnel of troops and marineria with a service relationship of a temporary nature, it will be considered as the first destination that they were assigned to serve three years of service time.

6. For the purposes set out in the preceding paragraphs of this paragraph, applications for both support measures must be credited by the publication of the relevant resolution in the "Official State Gazette" or in the "Official Gazette of the Ministry of Defence", the following:

(a) The destinations referred to in paragraphs 1 (a) and (b) with an indication of the date of effectiveness, or where appropriate, whether it is for the completion of a course, the date of commencement, the duration and the locality in which the person concerned shall lend his or her services or develop their activities.

(b) Where applicable, the stages in which the course is divided, with an indication of the date of commencement, duration and location in which the person concerned shall provide his services or develop his/her activities.

c) The first destination, for the purpose of economic compensation, of the military complement and professionals of troops and marineria with a relation of services of a temporary nature, with indication of the date and locality where they were by providing their services or by developing their activities on the date of three years of service time.

CHAPTER II

Economic Compensation

Article 60. Beneficiaries.

1. The Ministry of Defense will provide the military with a career of the Armed Forces with destination, which is in active service or in the reserve, when it changes its destination that involves change of location or geographical area and residence common to that of the first or previous destination, the economic compensation to be set as set out in this Chapter.

The military complement and the professional soldier of troops and marineria who maintains a relationship of services of a temporary nature, will also be provided economic compensation once completed three years of service time, when the circumstances referred to in the preceding paragraph are given.

2. The military officer who has recognized the right to economic compensation and is in the active service situation pending assignment of destination because he has ceased to have, or in the situation of active service without temporary conditions Psychophysics may continue to receive it until the maximum period of 36 months set in the following Article is completed. If the new destination assigned to you is in the same locality or geographical area, the time you have received economic compensation will be computed for the purposes of the maximum term.

3. The military officer who has lost the right to receive financial compensation for having passed on to the situation of suspension of employment, if the extraordinary disciplinary sanction for suspension of employment has subsequently been revoked on a basis of final on administrative or judicial basis, shall be replaced in its right when it ceases to be in such a situation and shall receive the economic compensation which it has received, according to the maximum period laid down.

In the same way, the military that has passed to the situation of suspension of functions, in the case of dismissal of the procedure, absolute judgment or termination of the case of the government of the government without a declaration of responsibility.

In cases of loss of the right to receive financial compensation for having moved to the status of suspension of employment or suspension of duties in which the corresponding sanction is definitively confirmed and is not carry the loss of destination, the military will be replaced in its right from the moment when the sanction is fulfilled, it will be rejoined to that destination.

4. The military officer who has lost the right to receive economic compensation for having passed on to the special services situation because he has been designated as a candidate for elections to public representative bodies in the exercise of the right of The right to vote or to have been elected in the same way, and to return to its destination within 6 months shall be replaced in its right from the time of such reinstatement.

5. A military officer who has lost the right to receive financial compensation for having passed on to the situation of voluntary leave under Article 110.5 of Law 39/2007 of 19 November, and who is from that situation destination in the same locality or geographical area as that of the last destination obtained in active service, shall be replaced in its right from the time of such incorporation, but the time it has received economic compensation in the This location or geographical area shall be taken into account for the purposes of the maximum period laid down.

6. The military officer from the reserve situation and, without prejudice to the provisions of the three preceding paragraphs, of those on voluntary leave, suspension of employment or suspension of duties assigned to him by a destination, may receive economic compensation only if the locality or geographical area of this is different from that of the last destination that you have had in active or reserve service.

The same treatment will have the military assigned a destination from the situation of special services, except that it is found in that situation because it has been authorized by the Minister of Defense to participate in the development of specific programmes of interest to the defence in bodies, entities or companies outside the Ministry of Defence. In this case, you may receive financial compensation if the location or geographical area in which you were in special services is different from that of the assigned destination.

Article 61. Recognition of the right.

1. It is up to the Managing Director of the Institute to recognise the right to receive financial compensation, upon application by the parties concerned.

2. The application shall be formalised as an official model which shall be addressed to the Managing Director of the Institute, who shall determine the documents to be furnished and, in particular, the habitual residence, without prejudice to the fact that he may obtain from the management of personnel corresponding to the accreditation of the professional conditions claimed by the applicants.

3. The economic compensation shall be recognised on a monthly basis to the beneficiaries of the financial compensation, from the month following the date on which the application has been lodged in any of the registers or places referred to in Article 38.4 of the Law. 30/1992, of 26 November, during the period of time in which they are destined continuously in each locality or geographical area, with a maximum duration of thirty-six months.

The procedures initiated by the said applications must be resolved and notified to the parties concerned, in the manner set out in paragraph 4 of this Article, and within a maximum period of six months from their date of entry in the Institute's records.

4. The relations of the recipients of economic compensation shall be displayed in electronic edition on the intranet network of the Ministry of Defence, on the Institute's website, before the 25th of each month, which shall have the effect of notification to the interested.

Intakes or exclusions shall be displayed in the same manner and shall be notified individually to the persons concerned, at the place indicated for that purpose in the application. The persons concerned may, against the inadmissibility or exclusion of such relations, make the resources available to them.

5. The economic compensation shall be collected for months due, depending on the situation of the person concerned on the first working day of each of them.

6. The Minister of Defence shall determine the rules for crediting the change of habitual residence, for the purposes of applying for economic compensation.

7. The military-appointed or concurrent military officer of a course in the military education system shall not be able to receive financial compensation in a locality in which he is also entitled to receive compensation for eventual residence or equivalent concept.

Consequently, the right to the perception of economic compensation shall, where appropriate, be suspended during the time of the concurrency of those situations, and without affecting the maximum period of economic perception.

Article 62. Amount and nature.

1. The amount of the economic compensation shall be fixed each year by the Order of the Minister of Defence, taking into account the prices of the rental housing market in the different localities and the equivalences between the military jobs and the Groups/sub-groups of classification of officials at the service of the Public Administrations listed below:

a) Army General, Admiral General or Air General to Lieutenant: Subgroup A1.

b) Alferez and Senior Officer to Sergeant: Subgroup A2.

c) Greater Cape to Soldier with a permanent character services relationship: Subgroup C1.

d) Cape First to Soldado with a service relationship of a temporary character: Subgroup C2.

2. Financial compensation, without prejudice to its tax effects, is not remunerated.

Your undue perception will give rise to the drawback, being of application, to such effects, as established in Title II of Law 38/2003, of 17 November, General of Grants, and in the General Regulations of Collection, approved by Royal Decree 939/2005 of 29 July.

Debt compensation may take place, among other cases, where undue payments have been caused by the lack of communication due to the beneficiaries or by errors in the monthly payments made and the right to receive the said economic compensation is recognised by the member of the reimbursement.

CHAPTER III

Aid for access to home ownership

Article 63. Support for the acquisition of housing.

1. To facilitate access to the housing property of members of the Armed Forces, the INVIED will be able to grant aid and grants to the Armed Forces ' career military personnel.

2. The Minister of Defence shall determine the requirements and procedures for the application of the measure provided for in this Article and shall lay down the criteria for the award of the measure, in accordance with the purpose of the measure. All in accordance with the conditions set out in the following paragraphs.

3. The granting of aid for the acquisition of property on property will be carried out in accordance with the terms of Law 47/2003 of 26 November, and will be conditional, in any case, on the budgetary resources of each financial year.

4. In order to access these aids, the following requirements must be met:

a) That the requester is in active service situation.

b) That the acquired housing is located in national territory and has the consideration of first housing.

They will have the condition of first housing those in which neither the applicant, their spouse or person in the same relationship of affectivity, would be owners, in whole or in part, of real estate for housing, on the date of termination of the deadline for submitting applications for the respective call for aid.

It will be understood that they do not have the consideration of first housing, the effects of granting the aid, those that have been demolished, declared in ruin, or that by judicial decision is not attributed the use and enjoyment to the applicant.

5. The processing files for granting them shall take into account, among other parameters of the application, the time of service in the Armed Forces and the family loads.

TITLE VIII

Of Incompatibilities

Article 64. General scheme.

1. The perception of economic compensation to meet the needs of housing originated by change of destination that involves change of locality or geographical area, use of military housing in special lease, obtaining of aid for access to housing, the occupation of pavilions and the acquisition of housing by the Ministry of Defense through the procedures of direct award or tender, will have the regime of incompatibilities which is set out in the following sections.

2. The holder of a military housing or a flag of charge shall not be able to receive any financial compensation during the time he is occupying.

3. It shall not be the holder of two military dwellings. In addition, during the time that a flag of charge is being occupied, the right to be a beneficiary of military housing on a special lease shall be suspended and shall not be included in the list of applicants until the effective eviction of the flag.

4. In no case shall more than one house be acquired by the Ministry of Defence or its bodies by the procedure of direct or cooperative competition or award which has been built on land in the territory of the former Institute for Housing of the Armed Forces.

5. Those who acquire a housing through the procedure of direct competition or adjudication, or as beneficiaries of a cooperative that would have built it on land owned by the extinct Institute for Housing of the Armed Forces, will not be able to access to the perception of economic compensation, nor to the use of military housing under a special lease, nor to the obtaining of aid for access to housing property, nor to any other assistance from the Ministry of Defence or its bodies for the acquisition of housing.

6. Those who receive any kind of grant or aid, granted by the Ministry of Defense or their agencies for the acquisition of housing, shall not be able to access another of the same nature, or the perception of economic compensation, or the use of (a) military housing on a special lease basis, or the provision of access to housing property, or to the acquisition of housing by the procedure of direct competition or award.

Article 65. Holders of military housing.

Those who are holders of military housing, during the time they are occupying, will not be able to access the perception of economic compensation, nor the use of military housing under special lease, nor to the obtaining aid for access to housing property, or any other aid granted by the Ministry of Defence or its bodies for the acquisition of housing, or to acquire housing by the tendering procedure provided for in the Article 43 of the statute.

Article 66. Owners of houses listed by the Ministry of Defence.

Without prejudice to the provisions of this Title, who prior to the entry into force of Law 26/1999 of 9 July, have acquired a house awarded by the competition or direct award procedure by the The Ministry of Defense or its agencies, or cooperative that has been built on land held by the Institute for Housing of the Armed Forces, will not be able to access any of the support measures provided for in this statute, except for economic compensation or housing on a special lease at a place of destination other than the location of the property acquired, and where the applicant is satisfied with the circumstances which are to be determined in this statute.