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.

Read the untranslated law here: http://www.boe.es/buscar/doc.php?id=BOE-A-2015-11161

Fifty-first additional provision of Law 26/2009 of 23 December on the General State Budget for 2010, approved the consolidation of the autonomous bodies Housing Institute of the Armed Forces and Management of Infrastructure and Equipment defense, stating that the new Institute of Housing, Infrastructure and Equipment of Defence, hereinafter INVIED, as an organism resulting from the said recast assume the functions, rights and obligations of the two agencies, referring to further development for the full assumption and exercise of their powers.

Responding to the principles of effectiveness and efficiency, the channel was considered appropriate to combine efforts in the management and disposal of military housing, the own real estate assets and made available.

This autonomous body assumed, therefore, functions, rights and obligations, so far developed the aforementioned autonomous bodies and other new provision that additional fifty of Law No 26/2009 of 23 December , attributed to him, which are the management, operation, use and even alienation, both domestically and abroad of movable property pertaining to the defense to be made available for the fulfillment of its purposes and possibility that the Ministry of Defense instruct the body use and economic and commercial exploitation of assets involved in the public domain whose characteristics, status and regime of use make possible such additional use.

Thus, by Royal Decree 1286/2010, of October 15, the Statute of INVIED was approved.

Meanwhile, the Military Service Building, hereinafter SMC, created by Act of March 2, 1943, and regulated by Royal Decree 1143/2012, of July 27, by which the Statute was approved, was an autonomous body which had the functions the execution of works related to the needs of the defense that were entrusted to him, the execution of works of national interest, when circumstances that they be subject well by the Government and public works it was agreed upon to charge of any Ministry, when the same could not have been executed by being void the tender, if so requested by the Minister of Defense of the Department who affect the work to be performed.

Within the process of rationalization of the structures of the General State Administration, conducted by the Government, in order to convert the Spanish government by a factor of efficiency and productivity that enables economic growth and providing effective public services, the Commission for the Reform of public Administration (CORA), established by agreement of the Council of Ministers of 26 October 2012, produced a report, raised the Council of Ministers on June 21, 2013, in which, among other proposals, including the integration of the autonomous body in the autonomous agency SMC INVIED considering that the latter type of organism responds to more general purpose and provide more resources and activity.

By virtue, has approved the Law 15/2014, of 16 September, rationalization of the public sector and other measures of administrative reform, in which Article 1 of the SCM integration is approved in the INVIED, establishing in its paragraph 2, which the INVIED retain its status as an autonomous body of the under Article 43.1.a) of Law 6/1997 of 14 April, Organization and Functioning of the General State Administration and its legal personality differentiated public, property and treasury management autonomy and full capacity to act within the sphere of competence and to fulfill the purposes established in the Law 26/1999, of July 9, measures to support the geographical mobility of members of the Armed Forces, Article 71 of Law 50/1998 of 30 December on Fiscal, Administrative and Social Measures, additional provision fifty-first of Law 26/2009 of 23 December and Royal Decree 1286/2010, of 15 October; and will assume the aims and functions entrusted to SMC in the Law of 2 March 1943 and Royal Decree 1143/2012, of July 27, subrogated to their rights and obligations, as well, accounting for the execution of works with your budget for HQs of Hosts, central authority and other agencies under the Ministry of Defence.


Meanwhile, because of the need for an integrated approach to INVIED budget for the year 2015, and in order to get that, under the same can be made effective all expenses and income resulting from the two integrated activity since January 1, 2015, through the final twenty-third organisms provision of Law 36/2014 of 26 December on the General State Budget for 2015 has changed the Law 15/2014, of September 16, in the sense of eliminating the deadline for the effective integration of SMC in the aforementioned Institute, which was contained in the Act, and, with effect from January 1, 2015, to roll back its organic and functional dependence upon entry into force thereof.

According to the above, with the main purpose to adapt the Statute of INVIED integration under the Act streamlining the public sector and other measures of administrative reform, as set out in Article 1.3 thereof, and considering the necessary improvements, the result of the experience gained since the creation of INVIED, approval of this royal decree, which is consistent is necessary, not only with the governing rules of the autonomous bodies that were merged at the time, ie , Article 71 of Law 50/1998, of 30 December, the autonomous body adaptation Management Infrastructure Defense Act 6/1997, of April 14, and Law 26/1999 of 9 July, but also with the rules of the body that is now integrated, ie the Law of 2 March 1943 and its Statute approved by Royal Decree 1143/2012, of 27 July.

The purpose of real estate and urban activities of the new agency will ensure accurate operation for its own financing, construction or acquisition of infrastructure and equipment for use by the armed forces, the fulfillment of the purposes of care to geographical mobility of its members, the professionalization and modernization of the defense and the staff serving it and the contribution to the development of specific programs of research, development and innovation in this field.

This rule provides, the powers already had entrusted the INVIED in its Statute, and pursuant to the provisions of Article 1 of Law 15/2014, of 16 September, which had entrusted the SMC as well the execution of works, with the agency's budget for the HQs of hosts, the Central Authority and other agencies under the Ministry of Defence, according to the Investment Plan of the body, in coordination with the Department of Infrastructure.

By virtue of the initiative of the Minister of Defense proposal of the Minister of Finance and Public Administration, according to the Council of State and after deliberation by the Council of Ministers at its meeting on 16 October 2015,

DECREE:

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

According to Article 1 of Law 15/2014, of September 16, streamlining the public sector and other measures of administrative reform, and produced, dated January 1, 2015, the effective integration Military Service Building (SMC) at the Institute of Housing, Infrastructure and Equipment of Defense (INVIED) by this royal decree the conditions and form of such integration are established, and the extinction of the SMC.
Article
second. Approval of the Statute of INVIED.

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

First additional provision. Remission regulations.

1. All references to current regulations extinct Housing Institute of the Armed Forces, Infrastructure and Equipment Management of Defense, and SMC, shall be construed to INVIED.

2. All delegations existing in favor of the Managing Director of the Institute for Housing of the Armed Forces, the Manager Management Infrastructure and Equipment of Defense and Managing SMC Manager Director competition shall be construed as made to the Manager INVIED Manager.

Second additional provision. Integration of assets.

1. All assets, rights and obligations of members of the SMC are considered heritage incorporated into the heritage of INVIED from 1st January 2015.


2. In accordance with the provisions of Article 1.2 of Law 15/2014, of September 16, the INVIED assume the purposes and functions entrusted to the SMC in the Law of 2 March 1943, by which the SMC is created, and Royal Decree 1143/2012, of July 27, approving the Statute of the approved, subrogated to the rights, obligations and all kinds of legal relations that correspond to the autonomous body abolished under the conditions set out in the this statute.

3. Changes in ownership of such rights, obligations and legal relations that correspond to the autonomous body removed, produced as a result of surrogacy in the preceding paragraph refers to, will not result in any case to the termination of contracts or relationships existing legal.

Third additional provision. Incorporating the SMC housing.

In accordance with Article 1.5 of the Law 15/2014, of September 16, the housing part of the heritage of the SMC, will be integrated in the heritage INVIED, with the qualification of inalienable military housing . Their fate later may be modified when the initial circumstances vary by the Minister of Defence under the power granted in Article 19 of the Statute which was approved by this Royal Decree.

With regard to the right to use, to said housing them shall apply the provisions of Article 20 of the Statute which was approved by this Royal Decree.

Fourth additional provision. masterplan.

In matters relating to the payment of financial compensation, the award of military housing under a special lease and the granting of aid for access to homeownership, the Secretary of Defense shall prepare an annual master plan, which must It is approved by the full body Governing Council, prior to its execution, which measures and criteria to be followed in the development and implementation of such materials will be established. It will be the Rector monitoring and control of the implementation of this plan Council.

Fifth additional provision. No increase in public spending.

The new Statute which was approved with this Royal Decree and other measures regulating it shall be carried out without increased allocation or remuneration or other staff costs.

Sixth additional provision. Finance management positions.

To comply with the provisions of the Twentieth Additional Provision Four of Law 36/2014 of 26 December on the General State Budget for 2015, which states that during 2015, any new action to propose the ministerial departments may not include net increase in staff costs in the service of the Administration, funding for the new general subdivision in which the structure of the Ministry of Defence to the entry into force of this royal decree increases shall be made by reduction in military relations positions, at least one seat allocated to the use of Brigadier General, so as to fully offset personnel costs.

First transitional provision. Transitional arrangements for staff.

1. The official, military and labor personnel were serving in the SMC will be attached to INVIED, and will respect the administrative situation or job that you are at the moment the integration take place until the development measures taken this royal decree.

2. Administrative units and jobs with lower organic level Branch General continue to exist and, depending on the Deputy Directors General of INVIED, according to the functions assigned to each of them in the Statute approved by this Royal Decree, except for the provisions in the sixth transitory provision for current delegations of the SMC.

Second transitional provision. Housing disaffected.

The homes disaffected and which have been made available to the former Infrastructure and Equipment Management of Defense, where they are classified as military housing accordance with the requirements determined in the statute that is approved by this royal decree, shall be sold pursuant to title III, chapter II.

Third transitory provision. Transitional arrangements for disposal of properties.


Notwithstanding the regime established by the sixth additional provision of Law 33/2003, of November 3, the Assets of Public Administrations, and until the end of the term of the asset management regime set out in the seventh additional provision of the Act, the INVIED may sell military housing and other real estate who are registered in different property records for the Institute for housing of the Armed Forces or extinct patronatos military Casas Army , Houses Navy and houses Air Force, the Management of Infrastructure and Equipment of Defense, and SCM, as well as all those properties that are made available without updating the registry ownerships of these goods.

Fourth transitional provision. Budget Execution.

In the terms established by Law 36/2014 of 26 December and Law 47/2003, of November 26, General Budget, from January 1, 2015 there is a single budget INVIED with under whose provisions all obligations relating to the operations of the agencies that will be made up.

Fifth transitional provision. Effect of certain rules.
While there
housing which is applicable to them, remain in force the following provisions:

A) Ministerial Order 26/1993, of March 17, approving the rules for housing referred to in Article 44 of Royal Decree 1751/1990, of December 20 is regulated.

B) Ministerial Order 127/1993 of 28 December, that new charges of use of housing referred to in Article 44 of Royal Decree 1751/1990, of December 20, regulated by the Order set Ministerial 26/1993 of 17 March.

Sixth transitional provision. Delegations regime of SMC.

The Delegations of SMC, existing at the time of approval of this Royal Decree, they continue subsisting as delegations INVIED Works with the territory to be established until completion of the works already entrusted to the SMC to which the provision refers following transitional, at which time it will become part of the heritage areas of Subdelegations Defense, depending organically and functionally the same INVIED for the development and execution of their duties.

A corresponding areas of heritage from the SMC staff necessary to perform the duties entrusted to the General Department of Works in the Statute approved by this Royal Decree, in agreement with the Directorate General of Personnel and the Secretariat will incorporate General Technique.

While delegations considered INVIED Works, creation or deletion, according to the operational requirements, shall be made by the Managing Director of the agency, subject to the necessary approvals.

Seventh transitional provision. Transitional arrangements for the works already entrusted to the SMC.

1. The works entrusted to the SMC by other administrative bodies prior to the entry into force of this royal decree, the INVIED continue running them to completion with the criteria used by the SMC depending on the specialty and development of the work.

2. Delegations of authority made by the Manager of SMC Manager will continue in force and shall be deemed made by the Managing Director of INVIED until new ones are issued.

Eighth transitional provision. Records eviction.

In eviction records that are pending the entry into force of this royal decree and those on which having fallen administrative decision final judgment is not there, in which the conditions and requirements set Article 25 of the Statute which was approved by this royal decree, by the concurrence of situations of serious need or the exceptions set out in the Order issued in implementation of Article 31.1.b) thereof, shall be issued ex officio resolution file or, where appropriate, it shall abandon the request for entry into any home that is the phase in which the procedure is found, but has resulted in the corresponding car.

Single derogatory provision. Repeal legislation.

1. Are repealed Royal Decree 1286/2010, of 15 October, by the Statute of the autonomous body Institute of Housing, Infrastructure and Equipment of Defense approved, except for the first final disposition thereof, and Royal Decree 1143 / 2012 of 27 July, the Statute of the autonomous body Military Service Building is approved.


2. Also, they are repealed all provisions of equal or lower rank opposing the provisions of this royal decree.

First final provision. Powers of development.

You are authorizing the Minister of Defence to issue, within the scope of its powers, all the measures necessary for the development and application of this royal decree, subject to the express authorization contained therein.

Second final provision. Entry into force.

The Royal Decree shall enter into force on the day following its publication in the "Official Gazette" day.

Given in Madrid, on 16 October 2015.
FELIPE R.


The Minister of Finance and Public Administration,


Cristobal Montoro Romero
AGENCY STATUTE OF INDEPENDENT INSTITUTE OF HOUSING, INFRASTRUCTURE AND EQUIPMENT OF DEFENCE
TITLE
I

The Institute of Housing, Infrastructure and Equipment of Defense
CHAPTER
I
General provisions


Article 1. Nature and secondment.

1. The Institute of Housing, Infrastructure and Equipment of Defence, hereinafter INVIED, created by the fifty-first additional provision of Law 26/2009 of 23 December on the General State Budget for 2010, is set up as an autonomous body under the Ministry of Defense, integrated into the Ministry of Defense, attached to the Department of Infrastructure, and subject to the arrangements provided for public bodies in title III of Law 6/1997 of 14 April, of organization and Functioning of the General State Administration, subject to the exceptions provided for in Article 2 of this statute with respect to the property regime of military housing.

2. The autonomous body INVIED, has independent public legal personality, property and cash, as well as management autonomy and full capacity to act, within their sphere of competence to exercise the necessary administrative powers to fulfill the purposes for which the Article 71 of Law 50/1998 of 30 December on Fiscal, Administrative and Social measures, and Law 26/1999, of July 9, measures to support geographical mobility of members of the Forces armed, attributed to the Management of Infrastructure and Equipment of Defense and the Institute for Housing of the armed respectively Forces as well as those attributed to Military Service Building by Law of 2 March 1943, laying creates the Military Service Building, assuming the roles, rights and obligations established in the aforementioned fifty-first additional provision of Law 26/2009 of December 23, and Article 1 of Law 15/2014, 16 September, rationalization of the public sector and other measures of administrative reform, and this statute.

Article 2. Legal Regime.

The INVIED, is governed by Law 15/2014 of 16 September, fifty-first additional provision of Law 26/2009 of December 23, by the provisions contained in Article 71 of Law 50 / 1998 of 30 December, Law 26/1999, of July 9, the Act of March 2, 1943, and by Law 30/1992 of 26 November on the Legal Regime of the Administrations public and Common Administrative Procedure, Law 6/1997 of 14 April, Law 33/2003, of November 3, Heritage public Administration, Law 38/2003, of 17 November, General Subsidies , Law 47/2003, of November 26, General budget, in regard to the financial and economic, budgetary, accounting and intervention, the revised text of the Law on Public Sector Contracts, approved by Royal Legislative Decree 3/2011 of 14 November, the Law 24/2011, of 1 August, of public sector contracts in the fields of Defence and Security and the revised text of the Land Law, approved by Royal Legislative Decree 2/2008 of 20 June, by the rules implementing the laws cited by those contained in this statute and others that may apply, with the exceptions established in the aforementioned Law 26/1999 of 9 July regarding the property regime of military housing.

Article 3. patrimonial regime.


1. The assets of the Institute is composed, in addition to those assets as may be assigned by the General Administration of the State, buildings, land, property and rights of the former Management Infrastructure and Equipment of Defense of extinct Patronatos Houses military, the defunct Institute for housing of the Armed Forces and military Service Building, as well as qualified as military housing and those goods and rights acquired in the course of management or which are incorporated by any public person households or private and by any title.

2. Also, the INVIED can manage, sell or make any other permitted legal business by the laws regarding the goods that have been given or made available to the INVIED from the entry into force of Royal Decree that approves the statute and those who were already made available to the former Infrastructure and Equipment Management of Defense, without prejudice to paragraph 1 of the seventh additional provision of Law 33/2003, of 3 November.

Item 4. Financial resources.

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

A) The assets and rights that make up its heritage.

B) Products and proceeds from these assets.

C) movable and immovable property made available by the Ministry of Defense assets.

D) Ordinary and extraordinary income obtained in the exercise of their activities.

E) The income obtained as a result of the disposal of all types of real estate and furniture as well as those resulting from their exploitation.

F) The specific appropriations which were allocated in the State Budget.

G) Current transfers or capital coming from the authorities or public entities.

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

I) Any other resource that, for legal or regulatory provision, might be attributed.

2. Income from activities INVIED apply to cover the obligations arising from operation and the aims of the Institute under this statute and the rules of legal rank cited in Article 2.

Among others, shall apply to address the acquisition of infrastructure and equipment for use by the armed forces, compensation and aid for house purchase their members and for the purposes of professionalization and modernization of the defense and staff serving it, and specific programs of research, development and innovation in the field of defense and the execution of works with your budget for HQs of hosts, the Central Authority and other agencies under the Ministry of defense, according to the agency Investment Plan in coordination with the Department of Infrastructure.

They may also be applied to the operational needs of the armed forces, it can be met such purposes through appropriate transfers INVIED the State.

3. The possibility of remission of funds to the State agency to meet the needs of the Armed Forces will be in those cases provided by standard range of law and shall conform to the following procedure:

A) The Governing Council shall assess, within its annual budget forecast, the possibilities of funding for operational needs of the armed forces will have been requested, in accordance with the approved by the Ministry of Defense plans.

B) The Managing Director, once approved by the Governing Council, you have the initiation of the mandatory budget amendment records necessary for this purpose.

Article 5. Regime of contract.

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

Article 6. budgetary, economic-financial system, accounting and control.

The budgetary, economic-financial, accounting and control system will be established for autonomous entities in Law 47/2003, of November 26, and other legislation that is applicable.


Without prejudice to the supervisory powers of the Court of Auditors by the Organic Law 2/1982, of 12 May, the Court of Auditors, and other laws that develop their skills, INVIED be subject to the comptroller function , the permanent financial control and public audit, to be exercised by the General Comptroller of the State Administration through the General Comptroller of Defense, under the provisions of Law 47/2003 of November 26 with.

Article 7. Regime staff.

1. The staff at the service of the autonomous body INVIED be official or working in the same terms established for the General State Administration. It will also serve in those jobs where this possibility specified professional military personnel.

2. The autonomous body INVIED propose to the competent bodies, through the Ministry of Defense, relations jobs of civil servants and employees.

3. The provision of jobs and mobility of civil servants, military, and, if applicable, of the workforce, will be conducted in accordance with legal regimes that apply depending on the types of personnel to respect the paragraph 1 of this article.

4. The work shall be governed by the provisions of labor law and the collective agreement that applies.

Article 8. Functions.

The INVIED's functions are as follows:

A) The acquisition by purchase or by any other means permitted by law of real estate and real rights, for infrastructure and use by the armed forces, as well as movable property, weapons and equipment for use by those.

B) The transfer for valuable consideration of real property to be disaffected by the Ministry of Defence and made available, adjusting such disposition as provided in Article 71.cinco of Law 50/1998, of December 30 , Law 33/2003, of November 3, and the provisions of this statute.

C) The transfer for consideration of military housing that are alienable in accordance with the provisions of Law 26/1999, of July 9, and this statute.

D) The management and disposal of own assets, including those established in the third additional provision of Law 26/1999, of July 9.

E) The management, operation, use and disposal for consideration, both domestically and abroad of movable property, weapons, materials and equipment for the defense not being useful to the Department put at its disposal to fulfill its objectives.

F) To assist with the management of real estate that are made available, the development and implementation of different public policies in force and, in particular housing policy in cooperation with the competent authorities. To this end, it may enter into agreements with these administrations, protocols or agreements designed to promote housing construction subject to a protection regime that allows price your maximum price for sale, rent or other forms of access to housing.

G) To recognize and pay the financial compensation provided for in Law 26/1999, of July 9.

H) Allocate special regime homes lease to military personnel.

I) grant aid for the purchase of housing for military personnel.

J) To maintain, conserve and manage military housing, pavilions and other real estate office that are integrated into their heritage.

K) To promote and support the establishment of cooperative programs running owned housing construction for military personnel.

L) Implementation of measures to facilitate the exercise of the right of life use of military housing in the terms established by Law 26/1999, of July 9.

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


N) Collaboration with local corporations and autonomous communities or public bodies in urban planning and coordination with infrastructure plans of the Armed Forces, may, if necessary, propose amendments to the urban plans, and partial draft, special studies and detailed plans and carrying out works of maintenance, repair, urbanization and any other actions necessary for the fulfillment of its purposes.

O) The contribution to technical reports to the preparation and implementation of infrastructure plans of the Armed Forces, as well as reports that are required in terms of properties of the Ministry of Defence.

O) The use and economic and commercial exploitation of assets involved in the public domain in the manner and cases referred to in Article 53 of this statute.

P) The execution of works with the agency's budget for the HQs of hosts, the Central Authority and other agencies under the Ministry of Defence, according to the Investment Plan of the body, in coordination with the Directorate General of Infrastructure.

Q) The execution of works related to the needs of defense that will be entrusted.

R) Execution of works of national interest, if the circumstances that attend them so agreed by the Government.

S) Public works in charge of any ministry, where these have not been executed by the tender void left, if so requested by the Minister of Defense of the Department who affect the work to be performed.

Article 9. Legal capacity.

To fulfill its purposes, the Institute shall have the broadest legal capacity to:

A) manage and dispose of their own assets for the fulfillment of its aims and collect fruits, revenues and other income or products of their own property or made available.

B) To acquire by any title, sell and lease all types of real and personal property and any rights therein.

C) Taxing, exchange, sell and dispose for value of the property constituting its assets and those placed at their disposal.

D) Recruit and manage the execution of the work defined in the revised text of the Law on Public Sector Contracts, approved by Royal Legislative Decree 3/2011 of 14 November, and providing all kinds of services .

E) passed on to users and supplies services rendered in military housing and parking spaces, and demand payment thereof in accordance with the provisions of Law 8/1989, of April 13, Rate and Public Prices.

F) To settle claims for liability made against the body.

Article 10. End of the administrative authority.

Accordance with the provisions decimoquinta.3 additional provision of Law 6/1997, of April 14, the acts and decisions of the Managing director of the Institute put an end to the administrative authority.

Against such acts and decisions shall only administrative appeal, may be filed with voluntary appeal reset.
CHAPTER II


From the organization of the Institute

Article 11. Governing bodies.

The governing bodies of the Institute are:

A) The Governing Board.

B) The Managing Director.

Article 12. Governing Council.

1. The Governing Council may meet in Plenary and Standing Committee.

2. The Plenum of the Governing Board shall consist of the following members:

A) President: the Secretary of State for Defence.

B) Vice Managing Director of the Institute.

C) Members:

1st Deputy Secretary of Defense.

2nd Infrastructure The Director General of the Ministry of Defence.

3.º The Director General of Economic Affairs, Ministry of Defence.

4.º The Director General of Budget Ministry of Finance and Public Administration.

5th Director General of State Property of the Ministry of Finance and Public Administration.

6th The General Counsel of Defense.

7th General Comptroller of Defense.

8th Second Chief of Staff of the Army.

9th The Deputy Chief of Staff of the Navy.

10th Second Chief of Staff of the Air Force.

D) Secretary: the Secretary General of INVIED, with voice but no vote.

3. The Permanent Commission shall be composed of the following members:

A) Chairman, the Managing Director of the Institute.

B) Members:


1st Deputy Secretary of Defense.

2nd Infrastructure The Director General of the Ministry of Defence.

3.º The Director General of Economic Affairs, Ministry of Defence.

4.º The General Counsel of Defense.

5th The Controller General of Defence.

C) Secretary: the Secretary General of the Institute, with voice but no vote.

Article 13. Powers of the Plenary and the Standing Committee of the Governing Council.

1. The Governing Council, as the governing body, the main functions of direct, guide, encourage and facilitate the activities of the Institute.

2. It corresponds to the plenary of the Governing Council:

A) The senior management of the agency, establishing the basic guidelines for government management and administration.

B) Know the implementation and development of objectives, as well as statements of expenditure and income of the Institute.

C) To approve the Master Plan which is contained in additional provision four of Royal Decree that this statute is approved.

D) approve the annual accounts by the President of the Plenary diligence and the general lines of the multiannual budget scenario and the preliminary draft of the agency's budget, its annual general action plan and the investment plan of the Institute.

E) Assess, in its annual budget estimates, funding opportunities referred to Article 4.3.a), and be informed of the operations of credit and other debt of the Institute, within the limits of the annual Law on State Budget, as well as direct acquisitions.

F) propose to the Minister of Defense fixing the amount of the rental fee or, where applicable, fees for the use of military housing and parking spaces and the amount of financial compensation in accordance with the provisions in the Master Plan.

G) To approve the sale of land to cooperatives whose primary purpose is the construction of home ownership for members of the Armed Forces.

H) To approve the maximum amount of aid for access to home ownership.

I) To authorize the agreements are to be concluded by the Institute in the cases provided for in Article 71.dos.e) of Law 50/1998 of 30 December.

J) To hear sale agreements and / or exchange with other organs and agencies of the General State Administration, the Autonomous Communities and local Corporations, authorize in the cases expressly set out in this statute, transmission free goods and rights body.

K) Know of any proposed change in the structure or body functions set out in this statute.

L) To establish its own rules of operation in everything who is not foreseen in this statute.

M) Date of parcels to be responsible to the body.

N) Prior approval of the contract relating to acquisitions of real estate and acquisition or supply of goods, weapons, materials and equipment for use by the armed forces.

O) propose to the Minister of Defense approval military relationship occupied housing that is provided dispose of and approve the sale of the unemployed.

O) Any other necessary to achieve the purposes of the organism, which may correspond by legal or regulatory provision functions.

3. They will be delegated plenary powers of those listed in points a), b), c), d), e), f), g), h) and i) of the preceding paragraph.

4. They are powers of the Standing Committee the following:

A) Carry out missions entrusted or delegated plenary of the Governing Council.

B) To ensure compliance with their agreements.

Article 14. Operation of the Plenary and the Permanent Commission of the Governing Council and secretary functions.

1. Plenary meetings of the Governing Council shall be held at least twice a year and, extraordinarily, when so called.

2. The Standing Committee shall meet when deemed its president, to be informed about the development of the activities of the Institute and, in extraordinary session, where it is called.

3. System operation and adoption by the plenary of the Governing Council and the Standing Committee shall be governed by the provisions of this statute and the rules contained in Title II, Chapter II, of Law 30/1992 of 26 November.

4. The Secretary of the Governing Council shall have the following functions:

A) Write and authorize the minutes and issue certifications of the resolutions adopted.

B) Move the agreements of the Governing Council.


C) Perform any other task entrusted to you and that is inherent in his capacity as Secretary of the Governing Council.

5. In case of vacancy, absence or illness and when any cause the following substitutions regime is established:

A) The President shall be supplied by the Vice President.

B) The Vice President will be supplied by a Deputy Director General of the agency in the order stated in Article 17.1 of this statute. The same rules apply when acting as chairman of the Standing Committee.

C) The Members will be preferably supplied by an ADG of his own Directorate General, except for the Secretary of Defense, which will be supplied by the Director General of Personnel. The Second Chiefs of Staff of the three Armed Forces, the General Counsel of Defense and the General Comptroller of Defence will be supplemented by the general officer or official designated by the absent member.

D) The Secretary shall be supplemented by an Assistant Director General, according to the order stated in Article 17.1 of this statute.

Article 15. Powers of the Chairmen of the House and the Standing Committee of the Governing Council.

1. It will be plenary powers of the President of the Governing Council:

A) To hold its representation.

B) To convene the regular and special meetings and setting the agenda.

C) To preside over the sessions, moderate development debates and suspend for just cause.

D) To ensure compliance with this statute and the resolutions adopted by the Governing Council.

E) casting vote in ties, in order to adopt agreements.

F) Endorse the minutes and certifications of the agreements of the Governing Council.

G) Agreeing with the Managing Director of INVIED the outline of the draft budget to raise it to the Governing Board for the purposes of Article 13.2.a) of this statute.

2. The powers specified in the preceding paragraph shall be exercised by the President of the Permanent Commission on the same. It shall also inform the plenary of the Governing Council of the resolutions adopted.

Article 16. Managing Director.

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

2. In particular, it belongs:

A) To represent the Institute and exercise personnel management and services and activities thereof, without prejudice to the powers in this area correspond, in accordance with the law, other public authorities and agencies.

B) In accordance with Law 47/2003, of November 26, approve and commit expenditure and to recognize obligations and order payments, on budget allocation for this purpose, make all kinds of charges and income of the Institute and act as contracting authority in accordance with Article 316.2 of the revised text of the Law on Public Sector Contracts, approved by Royal Legislative Decree 3/2011 of 14 November, and Law 24/2011, of 1 August.

C) Develop and submit to the Governing Council, for its information, the multiannual budget scenario, the draft budget, the annual general action plan with the investment program of the Institute, credit operations and other debt Institute, proposals for the determination of the rental fee for use or, where applicable, of the fees for all military housing and parking spaces and the amount of financial compensation.

D) Develop, raise for approval by the plenary of the Governing Board and pay the annual accounts under the terms established in the Law 47/2003 of 26 November authorize credit transactions and other borrowing Institute and start records budget amendment provided for in Article 4.3.b) of this statute.

E) To approve the appraisals of real estate and agree the sale of movable and immovable property, except as provided in Article 34.3 of this statute.

F) To enter into contracts and purchase of property acquisition or supply of goods, weapons, materials and equipment for use by the armed forces, subject to approval by the Governing Council.

G) Develop and implement the annual Master Plan approved by the Governing Council in military housing and measures to support mobility and convene and grant aid for access to home ownership and recognize the entitled to financial compensation.


H) Submit proposals to the Governing Board for determining the canon rentable use or, where applicable, of the fees for all military housing and parking spaces and the amount of financial compensation under the Act 26/1999, of July 9.

I) To approve the revision of trade, in respect of acts dictated by the bodies of his dependents, resolve cases of liability of the Institute and previous claims in civil and labor issues.

J) To enter into cooperation agreements in the sphere of competence and carry parcels to be responsible to the body, according to the provisions of Article 53 of this statute and conclude agreements that allow hosts and MoD can use the agent's own INVIED if necessary for a certain time.

K) Identify and, where appropriate, to award military housing that will be offered in different localities under a special lease and commercial premises, and set the amount of their rent, as provided by regulation.

L) initiate and resolve possessory recovery procedures and eviction on the contracts signed by users of military housing, for the reasons set out in this statute, determine the destinations mentioned in Article 31.1.b) and authorize the rehousing and declare the right to compensation set out in Article 23.3, both of this statute.

M) To propose to the local governments and the Autonomous Communities modifications of instruments of territorial and urban planning, for better management of real estate affected the Ministry of Defense and coordination with infrastructure plans of the Armed Forces.

N) To authorize the exchange of real property, except in cases provided for in Article 48.2, and the exploitation of property and economic rights referred to in Article 51, both of this statute.

O) In general, exercise all the functions and powers conferred upon it by law or regulation, and know, solve and execute any matters not expressly attributed are the Governing Council and affect the governance and administration of the Institute .

3. In case of absence, vacancy or illness the Managing Director will be supplied by the Assistant Directors-General of him dependents in the order cited in Article 17.1 of this statute.

Article 17. Organizational structure of the Institute.

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

A) General Secretariat.

B) Sub-Directorate General Economic and Financial.

C) General Management Branch.

D) Sub-Directorate General Technical and Alienation.

E) Sub-Directorate General of Works.

2. The General Secretariat:

A) Manage the internal system, security, logging, archiving and general services as well as the overall planning of the organism.

B) Personnel administration, processing and management of their affairs, processing and payroll proposal, relations with other units and bodies competent representation in the field as well as the management and promotion programs Institute training.

C) Maintain appropriate relations with Subdelegations Defense to coordinate the overall operation of Heritage Areas.

D) directing administrative information services and citizen services agency in accordance with current regulations.

E) Management of Information and Communication Technologies in the field of INVIED.

F) Relations with other organs of other public administrations, in matters within its competence.

G) Maintain an inventory of furniture and other effects of use by the different units of the Institute.

3. It corresponds to the Economic and Financial General Branch:

A) Manage income and expenses, make collections and payments and cash management and in general all economic matters affecting the body.

B) Prepare and develop the multiannual budget scenario, the preliminary draft budgets and perform accounting management.

C) Processing and managing recruitment files.

D) Processing Records arms procurement, materials and equipment for use by the armed forces.

E) To prepare the annual accounts.

F) Coordinate the annual financing plan.

4. The General Management Branch:


A) Develop activities concerning the use and economic and commercial exploitation of assets involved in the public domain whose characteristics, status and regime of use make possible such additional use, under the terms as required by the Ministry Defense.

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

C) To study and develop the agreements on jurisdiction.

D) Manage all matters related to military housing under a special lease and commercial leasehold.

E) Processing records surrogacy contracts on military housing, affecting rehousing for humanitarian reasons and fee reductions.

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

G) Manage all matters related to the communities of owners in which the Institute is a party.

H) Handling matters related to the allocation to the beneficiaries of financial compensation as well as perform management activities necessary to provide grants and subsidies for access to homeownership.

I) Manage all activities related to energy supplies property included in Article 3 of this statute.

J) Processing and manage everything related to billing and unpaid bills, corresponding to the fees for commercial use of military housing, garages and receipts for chargeable services.

K) Monitoring and control of matters relating to the allocation and management of parking spaces.

L) Processing Records eviction and possessory recovery related to military and other properties included in Article 3 of this statute housing.

5. It corresponds to the Technical and General Branch Alienation:

A) Form and update the inventory of real estate and rights constituted thereon.

B) To study and develop the agreements on jurisdiction.

C) Carrying out the necessary activities, identification and physical debugging of real estate including, if necessary, the demarcation, lifting flat, horizontal division and cancellation of registration charges where appropriate, to make possible the registration registration thereof, and subsequent legal clearance.

D) The urban study and analysis as well as measures regarding the drafting, instruction and modification of urban planning that may pertain to real property and, where applicable, to the assets involved in the Ministry of Defence at the request of the Directorate General of Infrastructure.

E) The completion of the technical reports of the instruments of territorial and urban planning, development of relevant legislation on land as well as those who are required concerning the Ministry of Defence properties.

F) Developing leaves appreciation for fixing of fair compensation in cases of expropriation or reversal and, in the latter case, nomination of the technician who has to attend as a member of the provincial juries of expropriation.

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

H) Pricing and advice on valuations, including the possibility of going for it to external media, the assets involved in the Ministry of Defense prior request of the Directorate General of Infrastructure.

I) The preparation of the technical requisites and budgets related to urban functions for approval by the Managing Director.

J) To prepare, process and execute files and disposal of military property or other rights constituted on these homes.

K) Processing records disposal, both domestically and abroad, of the movables belonging to the heritage of Defense to be made available for the fulfillment of its purposes.

L) Carry out necessary to promote the sale of real estate activities.

M) Processing Records acquisition of real estate.

6. The General Works Branch.

6.1 In relation to the properties included in Articles 3 and 18.2 of the statute:


A) write projects and develop the technical requisites related to urbanization or building property.

B) Inspect the condition of the buildings, preparing technical reports aimed at identifying and assessing the needs of execution of works and drawing up the annual work plans.

C) Carry out works where appropriate address and manage their implementation.

6.2 will also be responsible enforcement of competition under Article 8.p) of this statute, including, where appropriate, the drafting and preparation of the specifications and to carry out all activities may be necessary to the execution of any work within the framework of the powers set out in Article 8 letters q), r) and s) of this Statute.

7. The Managing Director of the Institute will have a Support Unit, with the organic level to be determined in the ratio of jobs.

8. With organizational unit of the Manager of the Institute Director and functional dependence of each Sub-Directorate General on matters within their respective powers, there will be an area of ​​asset management whose function is to manage and provide all services in the territorial area of ​​Madrid, safe from the Offices delegated to be determined in the regulations governing the peripheral structure of the Ministry of Defence, whose responsibility will the level determined in the corresponding ratio of jobs.

9. The INVIED will have a General Counsel and Executive Intervention, with the organic level established for each in the corresponding ratio of jobs:

A) The Legal Department will report directly to the Managing Director, subject to the functional dependence of the General Counsel of the Department.

B) Delegate Intervention exercise the internal control of the economic and financial management through the exercise of the comptroller function, permanent financial control and public audit in the terms established by Law 47/2003 of 26 November; the exercise of military notary, in the form and conditions established in the laws and the advice of their competence. It will be functionally of the General Comptroller of the State Administration through the General Comptroller of Defense.
TITLE II


Military Housing and pavilions charge
CHAPTER
I


Military Housing
Article 18. Qualification of housing.

1. The homes whose ownership or management belonged to the late Institute for Housing of the Armed Forces and the HQs of hosts, as well as those that are classified as such under this statute, except those which referred to in paragraph following this article shall be the only qualification of military housing and are intended for the purposes indicated in the following articles.

The Minister of Defense may qualify as military housing, they are declared and remain disaffected unnecessary for the purposes and destinations that are assigned, any other housing operated by units, centers and agencies of the Department.

2. The housing for official or military address social representation, because of the position he holds or the assigned destination, will have the unique name of flags of charge.

Article 19. Military Housing.

1. All qualified as military housing dwellings are integrated into the INVIED own equity, except those which constitute inseparable element bases, barracks, buildings or military establishments, whose relationship must determine the Minister of Defense by the corresponding ministerial orders communicated.

2. Be provided in special lease, non-alienable military housing, located within bases, barracks, buildings or military establishments, which because of its location poses a risk to the safety of themselves and those who are in specific areas where necessary to have housing for the staff assigned to them, especially in the cities of Ceuta and Melilla, where, however, may be declared alienable which are not useful to meet the housing needs of the Armed Forces.

The Minister of Defense, through the corresponding ministerial orders communicated determine the relationship of inalienable military housing. Only these houses will be subject to transfer of use, by special contract, which will be formalized in the administrative document.


The above relationship may be amended when circumstances change that served to its development, noting in the provisions enacted to effect the subsequent use or destination military housing will be affected.

3. Military housing, except for inalienable mentioned in the preceding paragraph may be sold under the conditions and in accordance with the procedure regulated in this statute.

Article 20. Right of use of military housing.

1. Which prior to the entry into force of Law 26/1999, of July 9, it had acquired the right to use military housing, as contract holder may keep for life, without prejudice to the grounds for termination They set out in Article 10 of that statute.

However, in respect of housing are incorporated into heritage INVIED after the entry into force of this statute shall be considered persons entitled to use for all purposes, those who occupy under contractual title or any express or tacit act of organization or institution that had the ownership or management of those at all times. For this purpose, it must accompany the act of giving and receiving a list of authorized occupants having such consideration at the discretion of the relevant body in which expressly shall contain such a condition, and that it must be approved, as the minutes, by the head of the unit, center or organization making the delivery.

In that list, it shall specify whether the current occupant agrees with the person who originally he was given housing, for the purposes of the application, where appropriate, of the rules contained in the following section, as which it refers to the possibility or no transmission right.

2. In case of death of the holder which paragraph 1 above refers to, may be granted the right to use, also for life without possibility of transmitting this condition to others, the spouse who was living with him at the time of death and people which are listed below, if they had lived with the transferor the right the two years immediately preceding:

A) Person in similar relationship to the spouse.

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

C) Other sons of the owner, unless the latter's death occurred a day after July 11, 1999, date of entry into force of Law 26/1999, of July 9, in which case they may maintain the right to use two years or until the date on which they reach the age of twenty-five, whichever is the later.

D) Pedigree holder in first grade.

If there are two or more people related in this section, beneficiary status may relate only to a natural person shall be determined by the order cited above, resolving cases of equality between children in favor of younger.

3. In cases of dwellings in which, by judgment or firm, or decree granting public deed before a notary, it has been declared a nullity, separation or divorce, and are therefore occupied by a person other than the holder of the contract the right to use the winner will have the scope to be stated in the corresponding judgment, decree or deed. Only in the event that a particular scope can not point specifically, it is considered that the right to use housing ends when it ceases the right of the holder of the contract for any of the reasons listed in Article 31 of this statute.

4. The acquisition and maintenance of the right to use military housing is conditioned, in any case, that it constitutes the common, real and effective residence, the holder or, failing that, the beneficiary to be determined.

5. And the provisions of the preceding paragraphs shall mean, in any case, without prejudice to what is stated in Article 23, on termination of contracts of military housing, and Article 31 on loss of the right to use military housing not alienable, both of this statute.

6. The accreditation of the requirements to be a beneficiary of the right to use military housing, correspond to those concerned by means of legally admitted evidence.

Article 21. Canon rentable use.

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


The user of a military housing will be obliged to pay the monthly fee to be fixed, and to pay the amounts chargeable services by making cash amount, where appropriate, by direct debit period.

2. Those fees and the amounts to be paid by chargeable services have the nature of public prices.

3. By order of the Ministry of Defense the level of charges for use of military housing and parking spaces to be awarded by the INVIED be fixed.

For fixing those fees, in the case of military housing will take into account the market prices of rental housing in different localities, the location, area and dotacional state of housing and in the of parking spaces, groups of locations and consideration of closed or open space.

The resulting amount shall not exceed 50 percent of the average market price of rental housing in the corresponding location.

4. In cases where housing is the subject of a full or partial rehabilitation, the corresponding parameter is amended dotacional state. The new parameter to be assigned will be determined by resolution of the Manager of the Lead Agency.

Article 22. Conservation, repairs and expenses.

1. shall bear the expenses incurred INVIED military housing for the following items:

A) Conservation and general maintenance of elevators, courtyards, gardens, portals, stairs and other areas and commonly used elements of buildings.

B) The warranty repairs in homes and buildings for damage to water pipes, electricity, gas, heating, ventilation, air vent, etc.

C) The repair of those constructive elements affecting the stability and tightness of the building.

D) Ordinary water supplies and electric power for common services.

2. They shall be borne by the users of the costs not covered by the previous military housing section and in particular those derived from the following:

A) The supplies, services and individualized or measurable by meter and taxes levied on such consumption. In buildings where there is no individual counter the charge will be pro rata, depending on the housing area or area concerned.

B) Cleaning services indoor public areas.

C) Any damage, deterioration and damage caused to homes and public areas of the property from misuse, carelessness or negligence of users and, in any case, those who are detected outside the normal deterioration to leave the house once carried out a check.

D) Small repairs required wear from ordinary use of housing.

E) In the case of use of parking spaces in buildings with established Community Owners, the amounts agreed by them.

In the case of integrated property in a Community of Owners, will be the agreements adopted in the relevant meetings, and the Institute bear the costs as laid down in its share as owner, subsequently impacting expenses included in letters a), b) and e) of paragraph 2 users.

The procedure for the allocation of expenses attributable generally be subject to regulation by Instructions Managing Director of the agency, which may set a fixed amount for collection.

3. In the event that inhabit housing people with disabilities, it shall apply Article 24 of Law 29/1994, of 24 November, of Urban Leases.

Article 23. Termination of contracts.

1. They are causes for termination of right of contracts relating to any military housing, the following:

A) Non-payment of the rental fee of use or the amounts which payment has taken or are passed on to the user, corresponding to three months' pay.

B) Subletting or assignment of the use of housing.

C) Conducting damage caused intentionally on the farm or not authorized by the INVIED that alter the configuration of housing and its accessories or cause decreased stability or security of the same works.

D) When the housing annoying, unhealthy, noxious, dangerous or illegal activities take place.

E) When the home ceases to be designed to meet the need of the beneficiary's residence or used for that purpose outside activities.


F) Where the holder housing provided otherwise acquired by direct award procedures or contest referred to in Articles 42 and 43.

G) The death of the owner if there are no beneficiaries defined in Article 20

H) The extinction of the causes for the right to use housing, provided for in Article 20 was granted

2. It also may be terminated the contract of any military housing, although it has been decommissioned, for the following reasons:

A) When, for reasons of public interest the fate of the property is changed.

B) As a result of the horizontal division of the estate the fate of the housing has to be modified.

C) Where, according to urban planning in force, the lot as locate housing has not exhausted its buildable.

D) When it has been declared the technical, economic or urban ruin of the house or the building in which it is located, as established in the legislation on the subject.

E) previous acceptance by the holder of the contract or, where applicable, the beneficiary of the right of use, when the housing maintenance because of their status or characteristics, is clearly uneconomic.

F) When the home is located inside a base, barracks, building or military establishment and the contract holder or, where applicable, the beneficiary of the right of use, it is intended in units, centers or organizations located therein.

In the cases covered in points a), b), c), d) and f), prior to the termination of contracts, the ratio will be published in the "Official Gazette of the Ministry of Defence" these military housing, without prejudice to the subsequent individual notification to affected users so that within 15 days from the date of notification, the parties concerned can make the allegations, if any, as appropriate.

3. In the cases referred to in paragraph 2, agreed the termination of the contract, the holder of the right to use either:

A) be relocated to another military housing with similar characteristics, if any available.

B) receive compensation, to be fixed in the amount of 36 monthly installments of the current maximum fee for military housing at the time of such resolution or occur, if greater, in an amount equal to 70 percent of the actual value housing market when the user has less than 20 years, a reduction, as age increases, the proportion of one percent less per year, with the minimum limit of 10 percent.

In the case referred to in paragraph 2-f), if the affected is a career military service relationship with a permanent, rehousing to which the letter refers) may be made in another house located inside a base, barracks, building or military establishment, only if it is designed in units, centers or organizations located therein. Housing and awarded shall be governed by the regime established in this statute for non-alienable military housing.

Those who choose to receive the compensation referred to in subparagraph b) may not acquire military housing for the contest procedure.

4. For the Minister of Defense, proposed by the Secretary of State for Defence, competition for change for reasons of public interest the fate of those classified as military housing or any other property for housing estate.

The disaffection of a specific property, it shall be treated for this purpose as public interest reason for amending the fate of military housing that are located in that. Similarly it is understood that attends the public interest when any other property for housing is declared of interest for defense.

Corresponds to authorize the Director INVIED Manager rehousing referenced 3.a) and declare the right to compensation referred to in paragraph 3.b), the amount will be paid once it has been evicted the House.

5. Produced any of the causes of termination of the contract set out in paragraphs 1 and 2, if the user does not voluntarily vacate the apartment within one month from the requirement that direct the effect INVIED, it is initiated the corresponding file administrative eviction, which shall follow the procedure outlined in the legislation on social housing, whose decision shall be notified to the interested parties within a maximum period of six months.


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

1. For the sole and exclusive purpose of Article 23.1.e) and h) shall be deemed to contract holders who are in active service or reserve bound, kept habitual residence in military housing, even if they happen to occupy destination, voluntary or forced, in another town that different in which the property is located, provided that the performance of that destination is not longer than the minimum time for the new destination, more six months, and they attend or also persist requirements set out in the following sections of this article.

The provisions of the preceding paragraph shall not apply to those destinations which are punishable awarding pavilion charge. Nor shall apply in the case of foreign destinations when time destination minimum stay exceeds 24 months.

Also, at the end of the period defined in this section, it shall be inescapable requirement that the contractor again immediately have a destination in the same locality or geographical area where the military housing.

2. Similarly means maintaining the habitual residence who are performing any course of education system in the Armed Forces, either training, further training or higher studies of National Defense and meet the requirements stated in this article that they they apply.

3. Additional conditions must be met and concurrent to understand that the habitual residence for the purposes of the provisions of Articles 20 and 31, the following holds:

A) That the spouse not legally separated or in fact, the person in similar relationship to the spouse, ascendants in the first degree holder and, where appropriate, the sons of the owner minors, where appropriate or who have a disability equal to or greater than 65 percent, have fixed residence in the military housing.

B) residents in military housing actually and effectively occupy it prove so.

4. Habitual residence is justified by the corresponding certificate of registration issued by the competent register of the locality where the military housing is located.

5. The real and effective occupation of the military housing may be credited by the National Identity Card or, in the case of foreigners, nie number, and the presentation of supporting documentary evidence of the assignment, in the locality or geographical area the place where this site the building, health services, educational, social or any other that justify regular use and enjoyment.

Article 25. Specific protection in certain cases.

In any case, specifically in cases of forced retirement as a result of failure of psychophysical conditions produced in the line of duty or terrorism involving permanent, absolute or serious disability worthlessness, or in special serious situations of personal need, social or economic, that is incurred because of loss of the right of use of military housing under articles 23 and this status 31, you can keep the use of the property by the holder or beneficiaries to respect Article 20, as long as these situations and whenever the real and effective occupation of housing is maintained.

In general it is understood that there are special situations when serious, at least the level of individual resources is for less than 20 percent of Haber Regulator set for staff qualification group "C1" in the respective budget laws each fiscal year, by the calculation provided in the third paragraph of Ministerial Order 154/2000 of 9 July, amending various measures to facilitate the right to use certain users military housing arbitrate.

In addition to the cases provided, may be requested application of the provisions of this article, among others, in the event of disability equal to or greater than 65 percent, or serious illness degree, both duly accredited.
CHAPTER II


Regime of military housing inalienable

Article 26. Assignment of use.

1. Military housing that expressly declare inalienable, as set out in Article 19.2 of this statute, may be transferable for use in special lease scheme.


2. The award, use and eviction of these homes is governed by determined in this chapter, subject to the regulations generally for military housing in the previous chapter.

Article 27. Beneficiaries.

1. The INVIED may award military housing under a special lease the military career of the Armed Forces, who is in active service or in reserve, occupying destination, when you change target involving change of location or geographical area and habitual respect of which it had in the immediately preceding time to the new destination residence.

For reasons of economy of means and better use of available resources, the military referred to in the preceding paragraph which are in first destination or later destinations without change of location or geographic area can access military housing on lease especially if there were no applicants who meet all requirements.

Also, for the same reasons, and for the conservation of available housing stock in those localities, established by the Minister of Defense, where there are no military housing alienable who are unemployed, they may be offered on lease special complement to military and professional military army and navy with a ratio of temporary services, have signed a long-term commitment, under the conditions set out in this statute.

2. Military to being awarded a military housing and remain in the status of pending asset allocation service destination, have ceased which had, may continue occupying it until it is assigned a new one, at which time it will be the provisions of this chapter.

3. You can continue occupying military housing that had awarded the military that passing to reserve status, occupy, within a maximum period of three months, a destination which would be entitled to occupy if it were active, keeping the right while remaining in that situation.

4. They will continue to occupy the house that had awarded military happens to unpaid leave under Article 110.5 of Law 39/2007 of 19 November on a military career, during the time in this situation, and military happens to the situation of special services, provided for in Article 109.1.d) of the Act, for being designated as a candidate for election to public representative bodies in exercise of the right to stand for election or have been elected in them, for a maximum period of six months.

Also may continue occupying military housing professional women victims of gender violence, to turn to unpaid leave, for their protection or their right to comprehensive assistance under Article 110.6 of Law 39 / 2007 of November 19, during the period prescribed therein.
Equal consideration will
women who judges assigned to the use of military housing as a result of domestic violence, regardless of marital status against the holder maintain military housing contract.

5. Military to being awarded a military housing and pass to the situation of suspension of functions, or suspension of employment by imposing extraordinary disciplinary sanction may continue to occupy housing in the new situation for a maximum period of six months from the date of finality of the decision.

6. Military to being awarded military housing and lose the right to use it for having gone to the situation of suspension of employment, if the extraordinary disciplinary sanction of suspension of employment executed regardless subsequently revoked definitively on administrative or court, will be reinstated in his right when it ceases in that situation.

Consequently, if there were evicted housing, plus payable if the compensation corresponding to the period from the eviction time, you will be awarded again in case you are still empty, or another in the same locality or geographical area or, failing that, he will receive financial compensation under the conditions and limits set out in this statute. In case you have not evacuated housing, eviction proceedings, which in your case is filed initiated any.

Similarly
it will act in the case of discontinuation of proceedings, acquittal or termination of gubernatorial record without a declaration of responsibility that motivated the pass to the situation of suspension of functions.

7. Military from situations reserve, voluntary leave and, subject to the provisions of the preceding paragraph, the suspension of employment or suspension of duties to be assigned a destination, you can adjudicársele military housing only if the locality or geographical area it is different from the ultimate destination that has been in active service or reserve.

The same treatment will the military to being assigned destination from the situation of special services, unless would find in such a situation to have been authorized by the Minister of Defense to participate in the development of specific programs of interest to the defense agencies, entities or companies outside the Ministry of defense; In this case, you can adjudicársele military housing if the present location where it was in a position of special services is different from the assigned destination.

Article 28. Application.

1. For the award of military housing under a special lease, it will be the first, indispensable condition their request.

In each locality or geographical area in which there are not alienable military housing that can Serles awarded, interested parties may submit a request, once assigned to said destination location or geographical area, and that it is effective, regardless they have applied for or are receiving financial compensation.

2. The request must be made on the official form accompanying the documentary justification to be determined and INVIED Manager, which may obtain from the management bodies of relevant personnel accredited professional conditions alleged by the applicants Director will direct. Those with entry in any record of that Institute or the Delegations Subdelegations or Delegated Offices of Defense before the 15th of each month take effect the following month.

Changes in circumstances affecting the score scale of staff and included in list and the application of low therein, take effect on the first day of the month following its communication or publication.

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

Within each list, management will be conducted in accordance with the scale determined by the Minister of Defense.

The resulting relationships will be published on the tenth day of each month or the next business in the corresponding Subdelegations and Delegated Offices of Defense and the offices of the Institute, where stakeholders take cognizance of their inclusion or exclusion and score assigned in order that, within ten calendar days from that publication, can make claims to be resolved before the act of choosing housing to which Article 29.4 refers occur.

4. Applicants will be obliged to notify the INVIED any change in their family circumstances.

Article 29. Offer.

1. Corresponds to Managing director INVIED determine military housing, if any, will be offered in different localities under a special lease in accordance with existing availability.

2. For military housing can be offered to applicants, will be a necessary condition that they are unoccupied. The homes will be offered and keep on living conditions, being in charge of INVIED repairs and replacements that are necessary in the internal construction elements, external or common, which will be passed on to users when the same are because of misuse or neglect of these.

The living conditions, the allocation of costs and the determination of the useful surface minimum number of bedrooms in relation to the number of members of the family unit will be established by the Secretary of State for Defence, in accordance with director contained in additional provision four of Royal Decree that this statute is approved plan.


3. Along with the list of applicants referred to in Article 28.3 will be discussed, where appropriate, the ratio of military housing that will be offering and the order to call for the act of choice, indicating for each identification surface useful pieces of which consists, annexes of which could have, royalty of classification groups of military personnel who are eligible for the same and the number of members required to be awarded a minimum household.

4. Applicants or their duly accredited representatives must appear in person in the act of choice, the place, date and time established in the call, in which military housing will be offered by order of baremación and according to their characteristics .

5. Military housing with a floor area of ​​less than 120 square meters, will be offered to all applicants. Those whose useful surface is equal to or greater than 120 square meters, will be offered priority, if any, to applicants whose household consisting of seven or more members.

6. Offered military housing that meets the conditions referred to in paragraph 2 of this article, the waiver by the applicant to it, expressly or by default to the act of choice, cause only the effect of their low on the list of petitioners military housing , which it may not be incorporated into both intended to continue in the same locality or geographic area.

7. Each act of choice of military housing the minutes, which will record acceptances and renunciations, and any incident occurring rise. Said minutes shall be signed, in any case, for those applicants who have accepted housing.

The waiver of a house after the act of choice, unless it is due to no fault of the beneficiary, have the effect set out in Article 30.5.

8. The parking option, if any, shall be optional. The use of the parking space may be waived at any time, but inescapably end to cease the use of military housing.

Notwithstanding the foregoing, in the case of single-family homes where the parking space forms an inseparable part of the housing, with the allocation of housing means allocated parking space, unable to give up the latter being due both pay usage fees.

Article 30. Award.

1. The award of military housing, offered under a special lease and have been the subject of election shall be by decision of the Managing Director and INVIED be effective from the time of notification to the person concerned.

2. The assignment contract of use, special administrative nature, be formalized in the administrative document, the terms and conditions to be determined in accordance with the provisions of this statute.

Given the nature of the contracts to underwrite and their recipients, they are exempt from warranty provision.

3. It notified the award and formalized the contract shall be the delivery of military housing, which will be recorded in the minutes.

From this moment, the Contractor shall have a period of one month for occupancy, on delivery, if any, of the occupying military housing comes.

Exceptionally, for reasons arising from the destination or by duly accredited personal circumstances, INVIED Managing Director may extend this period.

After this period without housing for reasons attributable to'll take care beneficiary, the award shall be void and it will not join the list of petitioners military housing or receive financial compensation, while intended to continue in the same locality or geographic area.

4. The winning bidder will be obliged to pay the fee or, where appropriate, for the month rate that is given to the military housing as well as the parking space in the event that that's any, if it occurs in the first ten days and consequently will no longer receive financial compensation from the same month in the event that came perceiving.

5. Once formally handed the awarded military housing, if the beneficiary renounces it can not join the list of petitioners military housing or receive financial compensation, while intended to continue in the same locality or geographic area.


6. The winner of military housing will be obliged to notify the INVIED, within fifteen days, the termination destination entitling its occupation, as well as any change in their situation involving the termination or modification of this law.

7. They may not be awarded military housing under a special lease or receive financial compensation for reassignment in a particular locality or geographical area, military personnel who have been evicted by court order of entry into home after the firmness of Resolution he has put an end to an administrative record of eviction in the locality or geographic area.

Article 31. Loss of the right of use.

1. The right to use military housing that expressly declared as alienable and dealing, under a special lease, after the July 11, 1999, shall cease for the following reasons:

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

B) Reassignment when it involves changing location or geographical area or when housing is linked to that destination.

Notwithstanding the foregoing, for operational needs of Hosts, INVIED Managing Director after report of those, determine destinations where even not coincide with the place where the property is situated military, will not cease right use.

The regime established in the preceding paragraph shall apply to:

1st Controls and destinations whose duration does not exceed 24 months whenever a subsequent immediate destination is obtained in the town or area where military housing is located, or in the military compound, in the case linked houses.

2nd Destinations, those who hold it, are doing any course of instruction in military training, further training or higher studies of national defense.

In any case, exempt from the scheme specified in the second paragraph of this letter b) those destinations that are inconsistent with the award of the flag of charge.

The ratio of the destinations referred to in that second paragraph is subject to publication in the "Official Gazette of the Ministry of Defense."

C) Loss of military status or career professional military army and navy.

D) Pass holder retired.

E) death of the holder.

In all the above cases, may be applicable to them, where appropriate, the provisions set forth in Article 25.

2. Users must evict housing within one month from the date effective date of the corresponding declaratory provision of any of the causes or the death of the holder.

In the case of voluntary eviction not occur, the corresponding file eviction that shall follow the procedure outlined in Articles 142 to 144 of Decree 2114/1968, of 24 July, which approves the Regulation shall be initiated for the implementation of the Law on social housing, revised text approved by Decree 2131/1963, of July 24, and 3964/1964, of December 3, whose decision shall be notified to those interested in the maximum period of six months .

Article 32. Military Housing inalienable linked to certain destinations.

1. The Secretary of State for Defence, after hearing the HQs of Hosts and administrative centers of the department, will determine the ratio of non-alienable military housing located within bases, barracks, buildings or military establishments, which are linked to generic destinations units, centers or organizations located in them.

2. The regime applicable to housing mentioned in the preceding paragraph and its users is set out in this statute, except those listed below:

A) they may only be offered and therefore, awarded to personnel who have assigned the destinations to which they are linked.

B) For fixing the level of charges for use of these properties is taken into account, in addition to the provisions of Article 21, its location inside bases, barracks, buildings or military establishments and their links generic destinations of units, centers or organizations.


C) The termination of destiny whom he was linked housing, will cause loss of the right of use thereof, continue to apply the provisions of Article 31.2. However, when the cases mentioned in the second paragraph of Article 31.1 b) are given, shall be governed thereby preventing the same, and the same way it will be as provided in Article 27.2, when the case is given .

3. A military housing linked to certain destinations that are occupied by personnel not intended for it, and their users, not them shall apply the provisions of paragraph 2.b).
CHAPTER III



Pavilions charge
Article 33 pavilions charge.

1. Defense Minister will regulate the regime applicable to flags of charge, as defined in Article 18.2 of this statute, which charges and destinations that will be assigned as the official residence or social representation, according to criteria be determined, between others, major responsibility or the need for a continued presence in terms of activities to be carried out; the procedure for qualification and disqualification as such in the corresponding property; the rules for adjudication, occupation, administration, maintenance and eviction; and incompatibilities, if any, are considered applicable to their users.

2. For qualification as flags of charge, they are primarily chosen dwellings located within bases, barracks, buildings and military establishments; failing that, the integrated into buildings declared alienable and not last, and in exceptional circumstances, other dwellings.

3. Produced the effective cessation in office, the extinction of the cause that reason the award of a ward office, or any of those referred to in Article 23 which may be applicable, and within the period to be fixed from receipt of request to be made by the INVIED for the voluntary evacuation of the building, without the owner or who live with him what had evicted, the corresponding administrative file eviction, that the procedure laid down in the preceding articles for be adjusted is initiated military housing.

4. Qualified as flags of charge and may not be sold disqualification property where circumstances have changed that motivated it, will be made once they are empty, by the corresponding provision in which subsequent use or destination shall be indicated.
TITLE III


Disposals of property and rights
CHAPTER
I

General provisions for the disposal of real estate

Article 34. General provisions and preliminary measures.

1. Property other than military housing, which are disaffected by the Minister of Defence and made available to the alienation INVIED shall be without prejudice to the provisions of Title IV, Chapter II. The special arrangements for disposal of military housing will be established in the second additional provision of Law 26/1999, of July 9, and Chapter III of this title.

2. They also considered available for the purposes of costly disposal by the INVIED the real estate, replacing others initially disaffected and made available, obtained as a result of the execution of swaps, reparcelaciones made in implementation of urban planning, execution of agreements and equity transactions that the Institute can make to improve the profitability of property disposals.

3. The competent body to arrange the sale of real estate and real rights, both their own and made available to the public body, will be the manager of INVIED Director, except in the case of procedures for the direct sale of the disaffected goods and made available, in which the competition will be the Minister of Defense.

Notwithstanding the foregoing, the sale must be approved 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 INVIED not prejudice any rights of third parties, such assets, which shall be exercised before the autonomous body which shall be subrogated to all effects on the rights and obligations of the State.

The Institute shall have jurisdiction to take any actions are promoted ex officio or at the request of stakeholders in because of the rights that may result from the reversal of the purpose for which the goods had been, in his day, expropriated or donated.


5. Prior to the disposition character, real estate must be physically cleared and legally practiced the demarcation if necessary and enrolling in the Land Registry if it were still exercising the body's powers of investigation, survey and registration regularization, plus all those provided for in the relevant legislation.

However, they may be sold goods that are to be segregated from other owned by the poster alienates or pending registration, demarcate or subject to liens or encumbrances, provided that these circumstances are brought to the attention of the purchaser and are accepted this.

Litigious goods may be sold in accordance with Article 140 of Law 33/2003, of 3 November.

6. Before the alienation of any property made available, the expert appraisal shall be effected under the terms stated in Article 114 of Law 33/2003, of November 3, either by the technical services of the Institute or, exceptionally, by external valuation services.

The appraisal must be approved by the Managing Director of the agency.

Appraisals have a period of validity of one year from approval.

7. Prior to the sale of real estate character, the Institute shall inform the Ministry of Finance and Public Administration, through the Directorate General of State Assets, which may choose, within two months, to keep the goods in the State Assets to affect them or assign them to any other service of the General Administration of the State or its agencies, by appropriate budgetary compensation in favor of INVIED by the value of the property.

In order to be able to exercise that option, the previous notification must be accompanied by the identification documents of the property.

If the Directorate General of State Assets considered the property of interest and in order to take a final decision on the exercise of the option, the Institute may request a detailed description of the property, along with their registry information and pricing thereof it must be made considering the corresponding urban use the destination that will give the service of the General Administration of the State or public body, which is going to affect or ascribing, even if the current classification and urban classification of those goods implies a value top. The request by the Directorate General of State Assets of this additional information suspend the period of two months to make the choice until the appropriate documentation is received.

The terms of compensation and its articulation will be fixed in an agreement between the INVIED and the ministerial or agency Department interested in getting the provision of the good that, once signed, will be forwarded to the Directorate General of State Assets to begin processing of the corresponding Order of involvement or affiliation.

Exceptionally, the budgetary compensation in favor of INVIED may be in kind, particularly in construction and construction of facilities deemed necessary to carry out operations related to the supply of goods or other property.

If they had been two months of the notification to the Ministry of Finance and Public Administration, but had received no communication about, it is understood that this Ministry does not elect to hold good in the heritage of the State, can the INVIED proceed the alienation proposal.

8. The General Comptroller of the State Administration will issue the report on direct disposal procedures and exchange of assets or rights whose value exceeds 1,000,000 euros, operating in whose annual income exceeds that amount, and the free cession they have to be authorized by the Council of Ministers. This report will examine in particular the budgetary and economic and financial implications of the operation.

9. The sale of real estate and rights therein, located abroad, disaffected and made available to the Institute be heard and resolved by the same favorable report of the Minister of Finance and Public Administration.


10. This shall not apply to the sale of land adjacent to the sea-land or emplaced in its area of ​​influence without prior declaration be unnecessary for the protection or use of this domain, in the terms established by Law 2/2013 public domain, of May 29, the protection and sustainable use of coastal and amending Law 22/1988 of 28 July, Costas.
CHAPTER II


General rules for the sale of real estate

Article 35. Forms of alienation.

1. The alienation of real property may be made by tender, auction or direct award.

2. Notwithstanding the foregoing, the sale of military housing, except for those referred to in Article 43.3, shall be made by the procedure laid down in the second additional provision of Law 26/1999, of July 9, and Chapter III of this title.

Article 36. Provisions common to the contests and auctions.

1. The Managing Director on the report of the Legal Department, approve the specifications of regulatory conditions of the competition or auction in which they must necessarily consist, as stated by Article 97.3 of the General Regulations of Law 33/2003, of November 3 , the Assets of Public Administrations, approved by Royal Decree 1373/2009, of August 28, the full description of the object is disposed of, the procedure selected sale, pricing the asset or right, which will determine the type of tender, the requirements to be met by the bidders and the documentation to be submitted, the guarantees constitute, place and deadline for submission of those and everything related to the opening of tenders and award as well as other conditions made that are appropriate for the type of alienation chosen.

2. The table tender shall consist of a chairman, who will be the Deputy Financial Officer, a member of the Military Legal Corps preferably between seconded to the Legal Department of the agency, a member of Military Intervention Corps stationed in the Delegated Intervention Institute and two members representing the body, one of which belong to the general subdivision that is competent by reason of the subject. Also, one of the two members, who shall be an officer, act as Secretary with voice and vote.

3. According to Article 137.6 of Law 33/2003, of November 3, to participate in the proceedings of disposal, other than those concerning military housing, which are governed by specific provisions, stakeholders should be a guarantee 5 percent of the appraised value of property. In special cases, attended to the characteristics of the property and the manner or circumstances of the sale, the Managing Director may raise the amount of the guarantee up to 10 percent of the appraised value.

The guarantee may be in any form provided for in the legislation of public sector contracts, depositing in CGD or branches of the delegations of Finance and Public Administration. If as expressly provided in the tender documents, the security may also be constituted by certified check or bank check, in the shape or location that are indicated in the specifications.

The accreditation of the constitution of the guarantee may also be electronic, computer or telematic means, if so provided in the statement.

The security lodgement cash or bank check made up or apply to the sale price.

The deposit will be returned to those who have not been awarded.

De attend grouped bidders necessarily express warranty that covers severally responsibilities of the group and of each of the companies.

4. The resolution of the contest or the allotment shall be notified to those found acquirers, to proceed to pay the price, the cost of the procedure and the corresponding taxes by payment into the account of the body within a month of receiving of notification.

In case of delayed payment, the contendidas requirements will continue in Articles 134 of Law 33/2003, of November 3, and 99 of its General Regulations, approved by Royal Decree 1373/2009, of 28 August.


5. According to the provisions of Article 113 of the Law 33/2003, of November 3, disposals of immovable property or rights therein shall be formalized in a public deed. The expenses incurred as a result shall be borne by the successful tenderer. The lack of competition the successful tenderer to the granting of writing involve the decay of their rights and the loss of the bond, without prejudice to redress the body from damage caused.

6. In the event that the resulting allocation failed for not being able formalized the contract for reasons attributable to the successful tenderer, the sale may be made in favor of the tenderer which submitted the next most advantageous or proceed to the direct disposal of the property offer.


Section 1st Contest
Article 37. Procedure contest.

1. In case of buildings whose form of alienation is the competition, the rules on this matter contained in Title V, Chapter II, of the General Regulations of Law 33/2003, of November 3, the Assets of Public Administrations will apply, approved by Royal Decree 1373/2009, of 28 August.

2. Notwithstanding the foregoing, the sale of military housing will be governed by the provisions of Chapter III of this title.
Section 2

Auction Article 38. Procedure
auction.

1. The INVIED may sell by auction the property and rights that are made available, in accordance with Article 71.cinco of Law 50/1998, of 30 December, under the statute and, failing that, by the provisions contained in Law 33/2003, of November 3 and other provisions of development.

2. It also may sell by auction the military housing, which referred to in Article 43.3, as well as other property and own rights, under the terms established by Law 26/1999, of July 9, in this statute and other provisions development.

3. They may be used for the auction of real estate and real rights public auction modalities upward or presentation of positions in a sealed envelope. They may also use electronic means for conducting auctions in accordance with the procedures established in this regard.

Article 39. Auction upwards and economic proposal in a sealed envelope.

1. At auctions upwards and economic proposal in a sealed envelope shall apply the provisions of Title V, Chapter II of the General Regulations of Law 33/2003, of November 3, the Assets of Public Administrations, approved by Royal Decree 1373 / 2009 of August 28, in that which apply to them.

2. With specific character, the following rules for this type of auction are established:

A) Specification: Manager of the Institute on the report of the General Counsel, Director regulators approve the specifications conditions auctions which will necessarily be identified:
1st
The object of the auction.

2nd class auction.

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

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

5th The guarantee form, place and deadline for submission of the same and everything concerning the opening of tenders and award, according to the kind of auction.

B) Ads: the auction will be announced in accordance with Article 138.3 of Law 33/2003, of 3 November.

The INVIED may establish additional mechanisms aimed to disseminate information on the real estate sales process, including the creation, subject to the provisions of Law 15/1999 of 13 December, Data Protection of Character personnel file with the data of persons who, voluntarily and expressly request them to be sent.

C) Accreditation of personality, ability and performance: tenderers must prove to the table their personality, ability and representation through the documents to which these effects are determined by the specifications of the auction.

D) Award: The final award shall be made within a maximum period of thirty days from the day following the auction day celebration, by the Managing Director of the agency, the report of the Legal Department of the same. If the award agreement within the period prescribed in the preceding paragraph is not issued, bidders shall be entitled to withdraw their proposals because they return the guarantees they had given.


E) Payment amount: The winner of the auction must pay the amount of the auction, the costs of the procedure and the corresponding taxes in the designated account of the Institute within one month from the day after notification of the award decision.

F) If the contractor fails to comply with the obligations established in the preceding paragraphs, shall be deemed automatically fallen on his right and the loss of the deposit will be agreed, as well as damages to INVIED of damages He would have caused.


SECTION 3. Direct Alienation
Article 40. Procedure for direct disposal.

1. Own immovable property and made available to the INVIED may be sold directly in the cases referred to in Article 137.4 of Law 33/2003, of 3 November.

2. The procedure of direct sales shall comply with the provisions of this chapter for each type of goods and the General Regulations Law 33/2003, of November 3, the Assets of Public Administrations, approved by Royal Decree 1373/2009 of 28 August.

3. In case of direct disposal you may see part of the payment in kind, particularly in construction and in the construction of facilities deemed necessary to carry out operations related to the delivery of the goods.

4. Direct sales of properties may provide for deferred payments of up to three-quarters of the price of not more than ten years and provided that the payment of the deferred amounts is guaranteed sufficiently by explicit condition subsequent, mortgage, bank guarantee, insurance bail or other usual sufficient guarantee in the market. The interest deferral may not be less than the legal interest.

5. The expenses incurred as a result of the sale, be paid by the buyer.
CHAPTER III


Specific rules for the sale of military housing

Article 41. Procedures and sales schedules.

1. Homes that are not included in the ministerial orders to which Article 19.2 refers, may be subject to disposal in accordance with the rules contained in this statute are expressly application in any case, excluding therefore any other regime specific to that may have been received previously cited military and other real estate property.

2. Sales prices for the sale by direct allocation of housing and those fixed base tender for its sale by tendering procedures or auction shall be determined by resolution of the Manager of INVIED Director and shall be as shown in the respective sales offers.

3. Recipients of military housing will pay the amount of the purchase in cash at the time of formalizing the deed.

4. From the moment it is disposed of all or part of a property, the homeowners assume all services and common elements of the transmitted farm. In each, the INVIED be integrated as the owner of the houses or premises that have not been sold.

5. Dwellings acquired by the direct award procedure or contest may not be subject to sale until three years have elapsed from the time of the sale, unless the acquirer death.

The mortgage for the purchase of housing, need not be included in this legal prohibition on disposal of property.

For this purpose, the term mortgage which is formalized at the time of acquisition of the property, regardless of the amount thereof.

In any case, during the period of ten years from the acquisition of housing, the first transmission inter vivos of it, part of it or the undivided share, shall be notified reliably to INVIED, indicating the price and conditions is to make the sale. Within one month of receipt of the notification, the said Institute shall authorize the transfer or exercise the right of first refusal.

The third party purchaser shall be bound to refer the same agency a copy of the deed in which the purchase was made. If the transmission has been effected without the aforementioned notification or practiced other than those indicated in this conditions, the Institute may exercise the right of withdrawal within one month of receipt of the deed.


For the registration of the aforementioned titles in the corresponding Property Registry, is a necessary condition for accreditation of having carried out the procedures provided in the previous two paragraphs.

6. Sales contracts to be signed as a result of the sale of military housing, commercial property and other real estate owned by the defunct Institute for Housing of the Armed Forces will have the nature of private contracts of government.

7. The Minister of Defense shall, in any case, the criteria for determining the order of priority and calendars selling military housing, according to public interests.

8. Military housing to be sold should be managed by the INVIED and form part of its assets, after purification, if necessary, their physical and legal status; be registered in the Land Registry, once the necessary work segregation, releasing loads and corresponding horizontal division of the property ended; and not be included in relations inalienable military housing to Article 19.2 of the Statute.

Article 42. Alienation of occupied dwellings.

1. Occupied dwellings may be offered to the contractor referred to in Article 20 or, in the case of death of the latter, the spouse who was living with him at the time of death and, failing that, to the persons listed below, if they had lived with the last owner immediately preceding two years and provided that the property constitutes the habitual residence of the same:

A) Person in similar relationship to the spouse,

B) children of the owner with a disability equal to or greater than 65 percent,

C) other children of the holder and

D) parent of first degree holder.

If there are two or more people related in the preceding paragraph, the housing may only be offered to one, following the order cited above and resolving cases of equality between children in favor of of younger age.

In cases of housing by sentence or firm, or decree granting public deed before a notary, has been declared nullity, separation or divorce, are occupied by a person other than the holder of the contract, the sale of the housing such holder will only be possible if it concurring all other requirements of this statute, the condition expressly states in the deed of sale, the ends regarding the attribution of the use of the family home contained fulfilled in the regulatory agreement approved by the judge, or made before the judicial or Secretary in a public deed before a notary, or, failing that, on the measures taken by these as well as in all judicial modifications dictated by substantial change in the circumstances of compliance with the provisions in articles 90 and 91 of the Civil Code, and occurring before the granting of that writing.

Without prejudice to the provisions of the preceding paragraphs, the occupied homes will be offered to the person who had assigned their use by final judgment of separation, divorce or annulment, or by court order so declare, in the event that not constitute the habitual residence of the holder of the contract and explicitly declines to exercise the right to purchase after the offer received, or tacitly if within two months of receipt of that offer no expresses its willingness to purchase or proceed to revoke the acceptance of it, losing it the right of permanent occupancy of the dwelling under a special lease and being applicable the provisions of Article 64.5 of this statute.

The authorization contained in the above so that it can proceed to the sale of homes paragraphs, shall not be construed as an entitlement for prospective buyers until they receive the corresponding offer. However, in the event that the person who is to be offered to housing, as provided in the first and second paragraphs, dies before receiving the corresponding bid, those who follow him in the order of priority may, if not correspond them the right to use for life as provided for in Article 20 of this statute, continue temporarily in the use of housing until receiving the offer.


2. The acquisition of the property shall be optional, keeping the user's right to permanent occupation of the same under a special lease, as determined under Article 20. For transient occupancy housing Excepted provided for in the last paragraph of paragraph above, in which case, if, within two months of receipt of that offer bona fide evidence, the applicant does not show its express will of acquisition, INVIED may terminate and void the contract signed on it without that is applicable to this case the provisions of paragraph 5 of this article.

3. The final selling price of occupied housing is fixed in accordance with the actual market value at the time of its offer, which the deduction mentioned in this paragraph shall apply.

For these purposes, it is considered as a real market value which is fixed by at least two appraisal entities, registered in the register of the Bank of Spain and selected through public tender, according to the following procedure:

A) entities selected pricing, at the request of INVIED, made paths appraisals of homes, based on the comparison method, procedures, criteria and technical instructions set forth in the Order ECO / 805/2003 of 27 March on rules for valuation of real estate and certain rights for financial purposes, or legislation replacing and such other conditions established in the technical requisites.

B) The appraisal will determine the average price per square meter of the total floor area of ​​the property. In such appraisal common elements and general services of the property, the residual buildable be counted if any, and in the case of single-family homes, the value of the plot on which the house sits.

The residual buildable appraisal susceptible to in the preceding paragraph, shall be subject, in the case of single-family homes, to that residual buildable can materialize in the plot where the house is locate to price and also allow optimization of all existing residual construction in the scope to which the land in question belongs, all in accordance with the planning regulations that are applicable. Otherwise, it would apply, where appropriate, the provisions of Article 23.2.c) of this statute.

In the event that in the field of drive performance, residential use either type of multi-family housing, and the residual buildable derived planning can not be materialized in this area in new building, you can proceed , where appropriate, the termination of contracts of use of housing, in accordance with Article 23.2.c) of this statute.

The Assessment shall specify the actual market value of each property taking into account the average price per square meter mentioned in the first paragraph of this section, the corrections for its location and relevant specific features and spaces for parking will be allocated equally among all homes on the property.

C) The actual market value of each property will be the result of finding the arithmetic average of the appraisals and will be valid for twelve months in order to offer for sale to users, after which it will be necessary to determine it again according to the procedure described.

The resulting amount as actual market value will you apply a deduction, taking into account the criteria that have been governing for fixing the usage fees and weighting of the right to life occupation of users, is valued at 50 percent, except for the residual buildable, if any, calculated at 100 percent, thus determining the final selling price.

4. Occupied homes will be disposed of by the direct award procedure with the following features:

A) The Managing Director shall issue the order INVIED start the file transfer, which may refer to a home or a group of them.

B) Authorized the initiation of proceedings, be notified individually to each user offering for sale, in which the final price allocated to housing occupied and the general and special conditions to be determined will be included. They were also communicate the date by which, if they accept the offer precisely the terms that have been made, be it known the INVIED.


C) After the deadline mentioned in the previous letter, the Managing Director shall issue the timely resolution awarding housing whose offer has been accepted, at the price and under certain conditions, which shall be notified individually to stakeholders. However, for those acceptances made once this deadline, it may issue award decision provided that the valuation is in force and the needs of the Institute permit.

D) Once the INVIED awarded housing shall carry out the relevant proceedings to formalize the corresponding contract.

If any contractor not formalized the corresponding deed at the date stated, be deemed not to accept the offer for sale of the house it occupies.

5. Users who have not accepted, expressly or impliedly, the offer for sale of housing they occupy, or they did in the period referred to in point b) of the preceding paragraph or not formalize the deed of sale, may subsequently request your purchase for a period of five years from the offer. In this case, the new offer will be made when not disturb the schedules expected sales and final sale price will be set again according to the procedure set out in paragraph 3 of this article.

Article 43. Alienation of vacant homes.

1. Unoccupied homes, except that in his case the defense minister chooses to assign to other units of the Department, may be sold by tender between personnel working for the Ministry of Defence, according to the scales and procedure determined by the Minister of Defense .

In the above scales the administrative status, age, family responsibilities and economic proposition contestants will take into account, among other parameters, considering, as a priority and in this order, the military is in the situation active duty, as well as the circumstances duly accredited evicting the occupying military housing, under Royal Decree 1751/1990, of 20 December, created the Institute for housing of the Armed Forces, is military Board suppress the Houses of Army, the Board of Casas de la Armada, the Board of Casas Air Force and promulgate regulations on military housing, as a result of passing situations reservation.

2. In the corresponding contests shall be fixed as bidding price for each home the final selling price resulting from the assessment made by the process described in paragraph 3 of the previous article.

3. Unoccupied dwellings that are not awarded by the tendering procedure, shall be sold by public auction, subject to the procedure laid down in Chapter II.

They may also be sold by direct agreement when the circumstances under Article 137.4 of the aforementioned Law 33/2003, of 3 November.
CHAPTER IV


Specific rules for the disposal of own property

Article 44. Alienation of premises leased.

1. Commercial premises leased are may be sold by the award system direct to its rightful tenant at the price set by resolution of the Manager INVIED Director, in accordance with the procedure described in paragraph 4 of Article 42 of this statute, without application of the deduction provided for in paragraph 3 of that provision. If the user does not accept the purchase, it may sell as provided in the following article.

Article 45. Disposal of other properties.

The business premises and other properties that do not have own user, other than military housing will be disposed of in accordance with the procedures set out in Article 137 of Law 33/2003, of November 3, the Assets of Administrations public and chapter II of title V, of its General Regulations, approved by Royal Decree 1373/2009, of 28 August.

On disposal of these properties the requirements contained in Article 34 of this statute shall be observed. In case you opt for their assignment or secondment to other services of the Administration of the State or its agencies, the building will incorporate the assets of the Central Government, through the corresponding budgetary compensation.
CHAPTER V

Alienation of land

cooperatives
Article 46. Alienation of land to cooperatives.


1. In order to facilitate access to homeownership for members of the Armed Forces INVIED may agree to transfer land to cooperatives whose primary purpose is the construction of home ownership for members of the Armed Forces.

2. Only be susceptible to alienation cooperatives the ground at the time of the constitution of INVIED outside ownership of the defunct Institute for Housing of the Armed Forces.

3. Defense Minister determine the requirements and procedures for the implementation of the measure provided for in this article and set the evaluation criteria for granting, in accordance with the purpose thereof. All in accordance with the conditions listed in the following section.

4. The sale of land to cooperatives is subject to the availability of land designated for this purpose by the INVIED and shall meet, in any case, the following conditions:

A) Dwellings build by these cooperatives are under formal protection.

B) The alienation of the soil will be made by the competition procedure.

C) The offer price will be fixed land according to the module legally established under the scheme referred to above.

D) The award of the tender will be made by the application of the scale for that purpose is established by the Minister of Defense, in which, as between other conditions of the cooperative, that of being military professional who maintains a relationship permanent service, in active service.
CHAPTER VI



Alienation of chattels
Article 47. Alienation of personal property, weapons, materials, equipment and other defense products.

1. The INVIED may sell, after making available by the Minister of Defense, chattels, weapons, materials, equipment and other defense products, the Ministry of Defence, and once issued the corresponding agreement of alienation that involve their disaffection and low inventory.

The processing procedure for the disposal of these assets and their valuation will be carried out by the bodies listed in the Royal Decree 1638/1999, of 22 October, the alienation of movable property is regulated and defense products at the Ministry of defense and its implementing provisions corresponding to Managing director conclusion of the contract. In cases where the sale is governed by Law 33/2003 of 3 November, the Managing Director shall finalize the contract or the issuance of the resolution of disposal.

2. For disposals abroad will be to what is stated in Law 53/2007 of 28 December on the control of foreign trade of defense material and dual-use as well as implementing provisions.

3. The sale of movable property other than those referred to in the preceding paragraphs will be made in the terms provided in this statute for the sale of real estate in whatever application, as well as Law 33/2003, of 3 November.
TITLE IV


Other forms of asset management
CHAPTER
I


Swap and free transfer
Article 48. Swap Agreement.

1. Real Estate members own equity INVIED as well as made available to the same and once declared alienable, may be exchanged for other foreign, prior expert appraisal of each other, so long as it appears that the difference in value between the goods in question of exchange does not exceed 50 percent of it has increased.

2. Authorize the exchange corresponds to Managing Director autonomous body except when the value of the asset or right, according to an appraisal, exceeding 20 million euros, which must be approved by the Council of Ministers.

3. The exchange of goods and rights INVIED, be subject to the rules laid down in Article 153 of Law 33/2003, of November 3, the Assets of Public Administrations, and Chapter VI of Title V of the General Regulation, adopted by Royal Decree 1373/2009, of 28 August.
Article 49. Assignment
free.

1. Goods made available to the INVIED that are being used continuously as highways, roads or areas of traffic distribution to public, extraordinarily may be transferred freely in favor of the autonomous regions and local entities in which they are located, provided and when that came being intended use is not disturbed.


2. The free transfer of assets and rights shall be governed by the provisions contained in Title V, Chapter V, Section 5th of Law 33/2003, of November 3, the Assets of Public Administrations, and Title V, chapter VI, section 1st of its General Regulations, approved by Royal Decree 1373/2009, of 28 August.

3. In any case, such a transfer must have the authorization of the Governing Council.
Article 50.
common to records sales, exchanges and free transfer provisions.

Records of sales, exchanges or free transfer of goods that are intended to make available to the INVIED for disposal may be processed by this body even if the assets remain affected to a use or public service during the investigation thereof, provided that it proceed to its declassification before taking the decision or act approving the corresponding equity transaction.
CHAPTER II


Administration and exploitation of goods

Article 51. Competence.

The Managing Director of the agency may decide to immovable property rights and own and made available to the Institute when it is considered that higher profitability is obtained by exploiting them.

Article 52. Procedures.

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

2. The duration of exploitation contracts and the procedure for its award are set out in Articles 106.3 and 107, both of Law 33/2003, of 3 November.

3. They may agree leases with option to purchase property subject to the same rules of jurisdiction and procedure applicable to divestitures.

The cession of military housing under a special lease flags of charge, the parking spaces and, where appropriate, of the premises, which will be governed by the rules contained in the Excepted law 26/1999, of July 9, and in this statute and its implementing provisions.

4. The attribution of the use of property or property rights within less than 30 days are not subject to the requirements of this chapter. The Managing Director shall establish in the act of authorization, the conditions of use as the consideration payable by the applicant.

Article 53. Commendation for the use and exploitation of property pertaining to public domain.

1. The Defense Ministry may instruct the body use and economic and commercial exploitation of assets involved in the public domain whose characteristics, status and regime of use make possible such additional use.

2. Such parcels shall be subject to the conditions established for each case.
TITLE V


Acquisition of property and rights

Article 54. Acquisition of property or rights.

1. In accordance with the provisions of Articles 21.2 and 116.2 of Law 33/2003, of November 3, the acquisition of immovable property or rights to them free of charge or will be made by the Managing Director, following a favorable report from the Minister of Finance and Public Administration.

2. The acquisition of immovable property and rights destined for the defense infrastructure for use by the armed forces must be previously authorized in the investment program of the Institute approved by the Governing Council body.

3. The onerous acquisition of property takes place through public tender. the Managing Director may, however, authorize the direct purchase when deemed appropriate by the peculiarities of the need to meet the conditions of the housing market, the urgency of the acquisition resulting from unforeseeable events or special suitability of the property.

Also may agree to direct procurement in cases of Article 116.4 of Law 33/2003, of 3 November.

Carried out the acquisition of the property or right shall be communicated to the Ministry of Finance and Public Administration so that it can be discharged in the General Inventory of Assets and Rights of State Property, referring to copy effect title under which verified the acquisition.

4. Affectation for the purposes of the Ministry of Defence for use by the armed forces must be approved by the Ministry of Finance and Public Administrations signing, once made, in the Land Registry by the INVIED.


5. The acquisition of real estate located abroad and rights thereon shall be agreed by the INVIED favorable report from the Ministry of Finance and Public Administration.

Article 55. Acquisition of movable property, weapons and materials and equipment.

1. The onerous acquisition of movable property, weapons and materials and equipment for use by the armed forces must be previously authorized in the investment program approved by the Governing Council, corresponding to the title to such property, from the moment of acquisition , the assets of the affected State 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 the Law 33/2003, of November 3, the Assets of Public Administrations, approved by Royal Decree 1373 / 2009 of 28 August.

2. The Governing Council shall assess, within its annual budget forecast, the possibilities of financing for the acquisition of movable property, weapons and materials and equipment will have been requested, in accordance with the approved by the Ministry of Defense plans.

3. The projects in which the onerous acquisitions materialize must appear identified in the Annex to real investment agency accompanying the State Budget.
TITLE VI



Urban Cooperation Article 56.
urban and heritage Conventions.

The INVIED may hold for the fulfillment of its purposes, urban and economic agreements related to both goods disaffected and made available, as their own property.

The aforementioned agreements are subject to the principle of freedom of agreements provided they are not contrary to law, the public interest or the principles of good administration and the same may include clauses and provisions that allow the participation of the Institute increases value achieved by purchasers or assignees of such resources and, especially in the capital gains generated as a result of urban action.

Article 57. Contributions to Compensation Boards.

The assets made available may be provided to INVIED compensation boards in accordance with urban legislation prior express accession.
TITLE VII


From the financial compensation and aid for access to homeownership
CHAPTER
I
Common provisions


Article 58. Definition of local and geographical area.

1. For the purposes of recognition of compensation and award of military housing under a special lease means locality each of the municipalities listed in the relationship of certain local entities by the Ministry of Finance and Public Administration, with the provisos that outlined in the following paragraphs.

2. Regarding the requirements for payment of financial or military housing under a special lease, the Minister of Defense, proposed by the Governing Council of the INVIED and the report of the Chiefs of Staff of the Army, can be identified as a only locality geographic area consisting of two or more municipalities, according to their reasonable proximity, communication facilities between them and existence in the same units, centers or organizations of the Ministry of Defense.

3. For fixing the amount of the financial compensation, as well as the fee for use of military and parking houses, the Minister of Defense may associate different locations in groups based on similar conditions relating mainly to the entity municipalities and the rental market housing, as well as any other characteristics that in each case deemed appropriate.

4. For measurements in kilometers, the effects are expected with respect to the habitual residence shall be observed as otherwise provided in the respective governing ministerial order of matter.

Article 59. Destinations.

1. For the sole purpose of recognition and award compensation of military housing under a special lease, the following shall be considered:

A) Only generate right to military housing allocation destinations regulated in Title V of Law 39/2007, of 19 November, and its implementing provisions.


B) For the recognition of financial compensation, consideration will also target the student or concurrent appointment as a course of military education system regulated in Title IV of Law 39/2007, of November 19, and its implementing provisions, if the student or concurrent cease destination of origin, pursuant to the provisions of Article 25.4.k) of the Rules of destinations, approved by Royal Decree 456/2011, professional military personnel 1 April, or not have, considering that as a city of destination in which the student provides services or carries out its activities, regardless of the destination assigned under Article 25.7 of the regulation.

Where appropriate, the successive phases in which the course was divided and entail change of location, also will be considered target, considering, in turn, as a destination location, one where the services are provided or developed the activities in each.

The courses mentioned above, and the phases in which, if any, are divided, having a duration less than 30 days do not have, in any case, consideration of destination.

2. The secondment and secondment with consideration of eventual residence will not be considered, in any case, as the destination.

3. Destinations abroad will not generate the right to receive financial compensation.

4. For military personnel, with a ratio of permanent services, the first destination will be the one to deal after getting the first military employment as a career military man, once passed the relevant curriculum and obtained the required qualifications.

5. To complement military and professional military army and navy with a ratio of temporary services it shall be considered as the first destination which had assigned to serve three years of service time.

6. In order to take the effects specified in the preceding paragraphs of this section, applications of both support measures must be accredited by the publication of the corresponding resolution in the "Official Gazette" or "Official Gazette of the Ministry of Defence 'the following:

A) The destinations mentioned in 1.a) and b) sections indicating the effective date, or, where applicable, if it is to carry out a course starting date, duration and locality in which the applicant provide services or develop their activities.

B) Where appropriate, the phases in which the course is divided, indicating the start date, duration and locality in which the applicant provide services or develop their activities each.

C) The first destination for the purposes of compensation, military complement and professional army and navy with a ratio of temporary services, indicating the date and location where they were providing services or developing their activities on the date which marked three years of service time.
CHAPTER II

Financial compensation


Article 60. Beneficiaries.

1. The Ministry of Defense shall provide the military career of the Armed Forces bound, who is on active duty or in the reserve, when changing destination involving change of location or geographical area and habitual residence with respect to the first or previous destination, the financial compensation to be fixed as set out in this chapter.

Al military complement and professional military army and navy keeps a list of temporary services, will also provide financial compensation after three years of service time met when circumstances arise are identified in paragraph previous.

2. The military have recognized the right to compensation and remain in the situation of pending asset allocation service destination have ceased which had, or in the situation of lacking temporary active duty psychophysical conditions may continue perceiving it to complete the maximum period of 36 months laid down in the following article. If the new destination is assigned in the same locality or geographic area, the time has received financial compensation will be computed for the purposes of that deadline.


3. The soldier who has lost the right to receive financial compensation for having gone to the situation of suspension of employment, if the extraordinary disciplinary sanction of suspension of employment executed regardless subsequently revoked definitively administrative or judicial process, will be restored to his right when termination of this situation and receive financial compensation that would have received, according to the maximum deadline.
Similarly
action will be taken regarding military has passed to the situation of suspension of functions, in the case of discontinuation of proceedings, acquittal or termination of gubernatorial record without a declaration of responsibility.

In cases of loss of entitlement to compensation for having gone to the situation of suspension of employment or suspension of functions in which the sanction is confirmed definitively and it does not involve the loss of destination, military will be replaced in his right from the moment that fulfilled the penalty is reinstated to that destination.

4. The soldier who has lost the right to receive financial compensation for having gone to the situation of special services have been designated as a candidate for election to public representative bodies in the exercise of the right to stand for election or have been elected in them, and rejoining their destination within 6 months it will be reinstated in his right from the time of such reinstatement.

5. The soldier who has lost the right to receive financial compensation for having gone to unpaid leave under Article 110.5 of Law 39/2007, of 19 November, and from that situation is incorporated into a destination in the same location or geographical area than the final destination obtained in active service will be restored to his right from the time of its incorporation, although the time has received compensation in the same town or area will be computed to effects of the set deadline.

6. Military from situations reservation and without prejudice to the provisions of the three preceding paragraphs, the voluntary suspension of employment or suspension of functions leave to which is assigned a destination may receive compensation only if the locality or geographical area it is different from the ultimate destination that has been in active service or reserve.
The same treatment will
military who is assigned a destination from the situation of special services, unless would find in such a situation to have been authorized by the Minister of Defense to participate in the development of specific programs of interest to the defense agencies, entities or companies outside the Ministry of defense. In this case it may receive financial compensation if the present location where it was in a position of special services is different from the assigned destination.

Article 61. Recognition of the right.

1. Corresponds to competition Institute Managing Director recognize the right to receive financial compensation, upon their request.

2. The request was formalized in official form that the Manager of the Institute, who will determine documents allowing accredit and, specifically, the residence usual, without prejudice to collect the bodies of management personnel appropriate accreditation Manager will address professional conditions alleged by the applicants.

3. The financial compensation will be recognized monthly beneficiaries of it, from the month following the date on which the application filed in any of the records or places listed in article 38.4 of Law 30/1992 November 26, during the period in which they are intended continuously in each locality or geographical area, with a maximum duration of thirty-six months.

The proceedings initiated by the aforementioned requests shall be resolved and notified to those concerned, in the manner set out in paragraph 4 of this Article, and within a maximum period of six months from its entry into the records Institute.

4. Relations recipients of compensation will be exhibited in electronic publishing on the intranet of the Ministry of Defense, on the website of the Institute, before the 25th day of each month, which will take effect notification to interested parties.


The inadmisiones or exclusions will be presented equally and individually notify those concerned, in the right place for that purpose in the application. Against the admission or exclusion of these relationships concerned may make the appeals.

5. The financial compensation shall be charged monthly in arrears, according to the situation in which the person concerned is the first business day of each.

6. Defense Minister determine the rules for certifying the change of habitual residence for the purposes of application for financial compensation.

7. The military appointed a student or concurrent course of military education system, may not receive financial compensation in a locality which also is entitled to compensation for any residence or equivalent concept.

Consequently, the right to receive the financial compensation will, if necessary, suspended during the time of occurrence of such situations without affecting the maximum term economic perception.

Article 62. Amount and nature.

1. The amount of financial compensation shall be set annually by order of the Minister of Defense, taking into account the market prices for rental housing in different localities and equivalencies between military posts and groups / subgroups ranking officials to service Public Administrations listed below:

A) General of the Army, Admiral General or Lieutenant General of the Air: Subgroup A1.

B) Chief Petty Officer Second Lieutenant and a Sergeant: Subgroup A2.

C) Cabo Mayor Soldier with a ratio of permanent services: Subgroup C1.

D) Corporal Soldier with a ratio of temporary services: Subgroup C2.

2. Financial compensation, without prejudice to their tax effects, no remuneration.

Your misappropriation will reimburse, remain applicable for such purposes, the provisions of Title II of Law 38/2003 of November 17, General Grant, and the General Collection Regulations, approved by Royal Decree 939/2005 of 29 July.

Debt compensation can take place, inter alia, where undue payments have been caused by miscommunication due to beneficiaries or errors in the monthly statements of payments and forced the reinstatement has recognized the right to receive the said compensation.
CHAPTER III

Helps
access to homeownership

Article 63. Aid for the acquisition of housing.

1. To facilitate access to homeownership for members of the Armed Forces may grant INVIED granting aid and subsidies for professional soldiers of the armed forces.

2. Defense Minister determine the requirements and procedures for the implementation of the measure provided for in this article and set the evaluation criteria for granting, in accordance with the purpose thereof. All in accordance with the conditions set forth in the following sections.

3. The granting of aid for the purchase of housing property will be made in the terms established by Law 47/2003 of 26 November, and will be conditional, in any case, the budget available for each financial year.

4. To access these grants must meet the following requirements:

A) That the applicant is in active service.

B) The acquired property is located in national territory and is treated as a first home.

Shall be considered first housing those in which neither the applicant, spouse or person in similar relationship, were owned, in whole or in part, of property for housing, on the date of termination of term submit applications for the respective call for aid.

It is understood that are not considered first home, for the purposes of granting the aid, which have been demolished, declared in ruin, or by court decision is not attributed to the use and enjoyment applicant.

5. In processing records for granting be taken into account, among other parameters baremación of applications, time service in the Armed Forces and dependents.
TITLE VIII

Incompatibilities


Article 64. General scheme.


1. The perception of financial compensation to meet the housing needs caused by reassignment involving change of location or geographic area, the use of military housing under a special lease, obtaining grants for access to homeownership, the occupation of pavilions office and house purchases alienated by the Ministry of Defence for direct award procedures or contest, will the regime of incompatibilities as established in the following sections.

2. The holder of a military housing or ward office may not receive financial compensation for the time that is occupying.

3. No person may hold two military housing. Also during the time it is dealing with a canopy of charge, it shall be suspended the right to be a beneficiary of military housing under a special lease, and not appear in the list of applicants to the effective eviction of the pavilion.

4. Under no circumstances you may acquire more than one dwelling alienated by the Ministry of Defense or its agencies by the tendering procedure or direct award or cooperative that any built in alienated by the now defunct Institute for Housing of the Armed Forces land.

5. Those who purchase a home by the tender procedure or direct award, or as beneficiaries of cooperative that had been built on alienated by the late Institute grounds for Housing of the Armed Forces, may not access the perception of financial compensation or the use military housing under a special lease, or obtaining grants for access to homeownership, or any other assistance the Ministry of Defense or its agencies for house purchase.

6. Those who perceive any kind of subsidy or aid, granted by the Ministry of Defense or its agencies for the purchase of housing, can not access another of the same nature, or the perception of financial compensation or the use of military-occupied housing special lease, or obtaining grants for access to homeownership, or house purchase by tender procedure or direct award.

Article 65. Holders of alienable military housing.

Who are holders of alienable military housing during the time that they are dealing not be able to access the perception of financial compensation or the use of military housing under a special lease, or obtaining assistance for access to homeownership, or any other aid granted by the Ministry of Defense or its agencies for house purchase, or acquire housing for the tender procedure provided for in Article 43 of the statute.

Article 66. Homeowners alienated 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 July 9, have purchased a home awarded by the tendering procedure or direct award by the Ministry of Defense or its agencies, or cooperative that any built in alienated land by the Institute for housing of the Armed Forces can not access any of the support measures provided for in this statute, unless the compensation or housing on lease especially in town other than the location of the acquired dwelling destination, and when the applicant that the circumstances to be a beneficiary of them are determined in this statute.