Key Benefits:
ArtAculoA 1Aº.A (national interest).-The improvement of the conditions of access to the social housing housing, defined this last according to the Law No. 13,728, dated December 17, 1968, amending and agreeing.
ArtAculoA 2Aº.A (Projects and activities promoted).-They will be able to access the benefits system set out in this law, as long as they are declared promoted by the Executive Branch:
| A) | The investment projects linked to building, refactoring, extending or recycling real estate to the housing of social interest, both in the case where the real estate has the destination of the property, as when they are intended for the lease or the lease with purchase option. Projects for the acquisition of homes of social interest built, refactored, expanded or recycled under the present regulations for their subsequent lease and those that develop the projects are included in this literature. social funds and housing cooperatives in any of their modalities, as long as such housing complies with the general conditions laid down in this law. |
| B) | The specific activities associated with the improvement in the supply and demand conditions for social housing units. |
ArtAculoA 3Aº.A (Objectives).-For the purposes of granting benefits, those projects and activities that meet any of the following conditions will be taken into account:
| A) | Significantly extend the amount of available social housing units for sale, lease, or lease with purchase and, in the case of cooperatives, the use and enjoyment of cooperative partners. |
| B) | Facilitate access to housing in the low, low, and middle-economic sectors of the population. |
| C) | Contribute to social integration and the best use of already installed infrastructure services. |
| D) | Enhance financing and garantAa conditions for acquisition, leasing, or leasing purchase of social housing units. |
| E) | They encourage technological innovation in building construction. |
ArtAculoA 4Aº.A (Tax Benefits).-Facultto the Executive Branch to grant the following benefits to projects and activities promoted:
| A) | Exonation of taxes that tax the income originating from the activities or projects declared promoted. This exoneration may understand the income or the tax itself. |
| B) | Antegra Deducciation for the purposes of determining the income taxed by the Tax on the Economic Activities, of the cost of acquisition of the buildings in which the dwellings included in the activities or projects declared promoted are constructed, refactored, amplAen or recycled. Such cost can only be deducted as necessary to obtain and retain the income from the activities and projects promoted that would not have been exonerated under the provisions of the preceding literalA. |
| C) | Exoneration of the Property Tax of the real estate whose construction, recovery, expansion or recycling has been declared promoted. Such assets shall be deemed to be taxable for the purposes of the liability. |
| D) | Exorating Value Added Tax (VAT) to income derived from the activities of alienation, construction, refactoring, expansion and recycling of homes. It would be for the Executive Branch to grant a credit for the tax included in the purchases of goods and services intended to integrate the cost of such operations, as well as for the tax corresponding to the acquisitions made by the social funds and housing cooperatives to their construction activity. |
| E) | Exoneration of the Property Transfer Tax, to the alienating party, to the acquiring party or to both, in the case of operative events linked to the first estate transfer of buildings destined for housing whose acquisition, construction, reconstruction or recycling would have been declared promoted. |
| F) | Exonation of VAT applicable to garantaa services linked to the lease and acquisition of real estate housing of social interest. |
| G) | Exonation of the Heritage Tax applicable to the assets affected by the provision of the services of garantAa to which refers to the previous literalA. Such assets shall be considered to be taxed for the purposes of liabilities. |
ArtAculoA 5Aº.A (Promotional Declaratory).-Crate the Advisory Committee on Investment in Housing of Social Interest (CAIVIS) that will advise the Executive Branch for the purpose of granting the corresponding declaratory promotional. The Executive Branch shall regulate the integration, operation, timing and powers of the Commission.
The National Housing Agency will act as an advisor to the Commission, and must make a mandatory decision on all those initiatives that promote the granting of tax exemptions. It will also assist the Commission in the tasks of secretarial and in all other tasks of support that are required for the evaluation and monitoring of projects and activities promoted.
ArtAculoA 6Aº.A (Incompliance).-In all cases, the Executive Branch should require the relevant guarantees, for effective compliance by the beneficiaries of the obligations linked to the granting tax benefits, without prejudice to the relief of taxes, fines and surcharges that may correspond in the event of the fact that the non-compliance is verified. The regulation will establish the current requirements of the National Housing Agency and the collecting agencies in the duties of comptroller of compliance with these obligations.
ArtAculoA 7Aº.A (Creation).-The National Housing Agency will have a Mortgage Guarantee Fund, which will have the purpose of granting partial guarantees for the granting of mortgage loans. destined to people, for the acquisition of a housing of social interest, provided that this magazine is the quality of the only housing of the subject of the credit.
ArtAculoA 8Aº.A (Nature).-The Mortgage Mortgage Garantaa Fund will be an independent, non-personal property of the National Housing Agency (ANV), which will be administered by the National Housing Agency (ANV). which shall exercise the powers of domain without being the owner, in order to fulfil the tasks assigned in this standard and in the Law No. 18.125, of 27 April 2007 and its amendments.
The Fund's assets will not be answered by the ANV's debts.
ArtAculoA 9Aº.A (Resources).-The Mortgage Mortgage Garantaa Fund will be made up of the following resources:
| A) | The value of the premiums that you receive from the creditor entities as defined in Article 10 of this Act, such as consideration for the granting of guarantees, according to the system regulated by this law. |
| B) | The contributions that are received from the National Housing and Urbanization Fund or other contributions that are previously approved by the National Housing Agency, as administrator of the GarantAa Fund. |
| C) | The amounts recovered according to article 13 of this law and any other sum than the Mortgage Guarantee Fund may receive raAz from the guarantee mechanism provided for in this law. |
| D) | Donations, inheritances, legacies, and other public and private contributions you receive. |
ArtAculoA 10.A (Guarantee Facility).-The Mortgage Credit Guarantee Fund may guarantee mortgage loans granted by entities subject to the authority or control of the Central Bank of the Uruguay (hereinafter, individually, "Entity Accreedora" and collectively, "Acreador Entities"), according to the requirements set forth in this law and those that are established in the regulation that is dictated by the Executive Branch on a proposal of the National Housing Agency (ANV).
The ANV, acting as administrator of the GarantAa Mortgage Fund, may accept or reject the guarantee applications, in accordance with the conditions laid down in the regulation, in particular the credit quality of the debtor or the value of garantAas.
ArtAculoA 11.A (GarantAa Payment).-When the loan holder fails with his or her obligations, the Accretive Entity will communicate such an end to the National Housing Agency, which should make the payment of the guarantee, in accordance with the conditions laid down by the regulation.
ArtAculo 12.A (Execution).-For the purposes of the court execution of the mortgage credit, the Accretive Entity may turn to the simplified judicial execution mechanism of mortgage credit for housing, set in the Chapter III of the Law No 18.125of 27 April 2007 and its amendments, without prejudice to the provisions of this Law.
The creditor entity should communicate to the National Housing Agency (ANV) the commencement of the enforcement actions within the five days of filing the lawsuit.
The ANV, for the sole fact of having granted the guarantee, will be entitled to access, consult, appear, withdraw in confidence and be notified of any action in the judicial file of foreclosure promoted by the Entity Accreora, without any of these acts involving the replacement of the creditor, the validation of performances or the conversion of the ANV in part of this process. Also, the ANV shall be entitled to acquire the property in the auction that promotes the Accretive Entity and if it is a higher bidder, it shall be exempt from depositing the seat.
The ANV shall be fully subrogated by the equivalent of the amount paid under the guarantee that it would have granted.
ArtAculoA 13.A (Destination of recovered sums).-In case of auction, the settlement of the credit and delivery of the good will be governed by the provisions of the article 388 of the General Code of the Process, without prejudice to the that is available for continuation.
The sums resulting from the recovery of delinquent debts, the guarantee of which would have already been cancelled from the Guarantee Fund of the Mortgage Guarantee Fund, should be allocated in the following order to the payment of:
| A) | Judicial tributes. |
| B) | The expenses and fees of the intervener. |
| C) | Expenses and fees for services provided by depositaries and court appraisers. |
| D) | The professional fees, as set out in the article 55 of the Act No. 18.125, of 27 April 2007 and its amendments. |
| E) | The non-payment of the credit for the single dwelling granted by the intervener creditor entity, including interest relevant in proportion to the percentage corresponding to each of the Acreding Entities, if there were more than one. |
| F) | The sum paid by the Mortgage Guarantee Fund more than the corresponding interest. |
ArtAculoA 14.A (Administrative of credit).-The administration of the loans covered by the guarantee system provided for in this law, will be made at all times by the Accretive Entity that granted the guaranteed loan.
Without prejudice to the foregoing, the National Housing Agency (ANV) will have the right to request information and carry out controls on the guaranteed loans, with the right of unrestricted access to all debtors ' information. To these effects, the Acretias Entities will not be able to invoke the professional secret to refuse to provide any type of information. The ANV, for its part, will be obliged to use the information received only for internal purposes, being strictly prohibited the total or partial disclosure of such information to other public or private agents. The violation of this prohibition will carry the responsibilities provided for in article 25 of the Decree-Law No 15.322, dated 17 September 1982.
ArtAculoA 15.A (Taxes).-The Mortgage Guarantee Guarantee Fund created under this law, shall be exempt from all taxes except the special contributions of social security. The same treatment will be received by the National Housing Agency, for the taxes that may correspond to it in its condition of administrator of the aforementioned Fund.
Exemption from the Tax on the Transfer of Property to the Transmissions of Real Estate whose operative event originates in the execution of mortgage loans guaranteed by the aforementioned Fund.
ArtAculoA 16.A (National Housing Agency Act).-Agri-gase to artAculoA 11 from Ley NAºA 18.125, of 27 April 2007, the following literal:
| "C) Manage the Mortgage Loan Garantaa Fund". |
ArtAculoA 17.A (Use of garantAa trusts).-When the Acrelide Entities decide to guarantee loans destined for only one dwelling by the creation of garantAa trusts, according to Law No 17,703of 27 October 2003, will apply to the guarantee mechanism provided for by this law.
ArtAculoA 18.A (Requirements).-They will be considered governed by the rules concerning horizontal property and their units may be subject to domain transfer or actual rights in an individual manner, constructed buildings that meet the following requirements:
| A) | That the building permission of the building in question has been granted by the respective Intrend and has been approved By the same Intrend the flat horizontal fractionation project, according to which the constructions have been carried out and the separate domain of the units has been attributed. |
| B) | That the level of the measure and horizontal fractionation in accordance with the plan has been registered in the National Registry of Catastro project approved by the respective Intrend and carried out the registration and endorsement of the units indicating that plane. |
| C) | That the building is in sufficient habitability conditions for the use to which each of the units is intended and their common assets, according to the certification that will be presented to the financial institution that grants the mortgage credit with the guarantee of some emerging housing unit of the horizontality referred to in this article. Such certificate shall be signed by the architect of the work and by the engineer and shall be recorded as: |
| 1) | The buildings correspond to the build permission approved. |
|
| 2) | The same are within the lAmites set by the applicable rules for horizontal ownership. |
|
| 3) | Respond in a whole to the current municipal regulations. |
|
| 4) | No observations or measures are pending on them administrative by the respective Intrend. |
|
| 5) | The asA units as the common and exclusive use common assets building are in conditions of accessibility, being able to give these buildings a safe, self-contained and comfortable use. |
| D) | To contract the fire insurance provided by the article 20 of the Law No 10,751, of 25 June 1946, in the form established by the literalA C) of the Article 5Aº of the Decree-Law No. 14.261, of September 3, 1974, considers the corresponding premium to be given as an exemption. |
| E) | That the Co-Property Regulation be granted in which the mortgage is granted recAproca as provided for in the (D) of the 5 Aº and in Article 6Aº of the Decree-Law No. 14.261, of September 3, 1974. |
| F) | Which simulates the granting of the said Regulation to be subscribed by the Public Financial Institution or The invention relates to a method for the use of the same in the form of a method for the use of said | .
ArtAculoA 19.A (Definitive horizontal).-The emerging horizontality of meeting the requirements determined in the previous article will have definitive cter, not governing the provisions of the second from the artAculoA 30 of the Law No. 10,751, dated June 25, 1946. All this without prejudice to the faculties of the respective Intrend of audit of the work, granting of the final enabling and adoption of the relevant administrative measures, as well as of the responsibilities of the technical intervening in your case.
The differences in the configuration of the units and commons produced by the process of implantation of the work, which are the subject of future messages, will not require the ratification of the instruments given in their opportunity, It is understood that the rights and obligations generated by the latter are extended to such differences.
ArtAculoA 20.A (Acquired horizontality).-Buildings built under the provisions of the Law No 10,751of 25 June 1946, including those who had obtained horizontality by Empire of Capaculo III of the Decree-Law No 14.261, dated 3 September 1974 and the Law No 16,760of 16 July 1996, which does not have final authorization and does not provide for the provisions of Article 35 of the Law No 18.308, ofJune 2008, shall be deemed to be final acquired horizontality, as long as the following requirements are met:
| A) | The ones set in the articles 5Aº and 6Aº of the Decree-Law No. 14.261, of September 3, 1974. |
| B) | That one or more units of the building have been occupied for a period of more than ten years, which will be credited by document public or private with a certain date. |
The deadline of ten years will be counted in all cases, as of the date of the aforementioned document.
ArtAculoA 21.A (Instrumental requirements).-In all acts and contracts relating to buildings governed by the horizontal property rights and covered by this law, the instrumental requirements are will be in line with the provisions of Article 41 of the Decree-Law No 14.261,3 September 1974, as applicable.
ArtAculoA 22.A (Scope).-The rules of this Chapter do not affect or modify the current horizontal property rule.
The same can be applied to any building without the need for their units to constitute social housing units.
ArtAculoA 23.A (Amending of article 18 of the OrgA Charter of the Mortgage Bank of Uruguay).-Agricase to the article 18 of the OrgA Charter of the Mortgage Bank of Uruguay in the drafting given by the artAculoA 1Aº of the Act No. 18.125, of 27 April 2007, the following literal:
| " J) Grant national currency loans, indexed units or readjustable units, for refactoring or expansion of housing without mortgage to: |
| 1) | FAsks. |
| 2) | JurAdic people for their members ' homes. |
| These loans can only be granted in case the regulation that the Banco Mortgage del Uruguay dictates for the purposes of instrumentalization is approved by the Executive Power. " |
ArtAculoA 24.A (Derogation).-Please take the artAculoA 46 from Law No. 5,343, dated October 22, 1915, in the wording given by the article 1Aº of the Decree-Law No 15.100, dated 23 December 1980.
ArtAculoA 25.A (Modification of the Decree-Law No. 14.219, dated July 4, 1974.-From the time of the present law, the deposits in garantAa of leases provided for in the Decree-Law No 14.219, dated 4 July 1974, will be performed in Indexed Units.
Facultse to banks and financial intermediary cooperatives to receive this mode of deposit, with the scope and conditions set forth in such legal standard.
Leasehold deposits will not generate interest.
ArtAculoA 26.A (exception RA©gimen).-For the purposes of the provision, termination, or constitution of taxes in respect of the housing that is of social interest, the quality of the economic, according to the provisions of the artAculoA 22 of the Law No 13,728, dated 17 December 1968, and concordant and those designated as the only evolutionary means according to the provisions of Article 26 of the Law No. 13,728, dated 17 December 1968, in the wording given by the article 1Aº of the Law No 16237of 2 January 1992, the certificates provided for in Articles 662 to 668 of the Law No 16,170,28 December 1990.
ArtAculoA 27.A (Modification of the 5 Aº of the Decree-Law No 14.261,3 September 1974).-To suspend the third subparagraph of Article A (A) of the Article 5Aº of the Decree-Law No 14.261,3 September 1974, for the following:
| "These requirements will be accredited by architect or engineer certification". |
ArtAculoA 28.A (National Housing Agency Act on the trusts that are established).-When the National Housing Agency, in its capacity as a trustee of assets arising from the restructuring of the Bank Mortgage of Uruguay, the contributions for the constitution of a new trust whose main purpose is to start or to continue construction works of houses, can occupy the position of the same and trust of the same one.
ArtAculoA 29. -A SustitueA 447 of the Law No 16,736of 5 January 1996, in the wording given by ArcuculoA 10 of the Law No 17,596of 13 December 2002, for the following:
| " ARTACULOA 447.-Real estate awarded or alienated by the Ministry of Housing, Territorial Ordinance and Environment or acquired with subsidies granted under the terms of Chapter V of the Law No 13,728, of 17 December 1968 and its amendments, are subject to the right of 25 years of actual law in favour of the Ministry for the amount equivalent to the allowance allocated. in the respective writing without prejudice to the depreciation provided for in Article 70 of the said law, in the wording given by Article 341 of the Act No. 17,930, dated December 19, 2005. When the acquisition of a property with a housing allowance granted by the Ministry of Housing, Territorial Ordinance and the Environment, it would have been financed in a complementary way with a mortgage loan granted to the acquirer by the Banco Mortgage del Uruguay (BHU), the National Housing Agency (ANV) or any institution of financial intermediation, of which it should be noted in the respective writing, the actual right provided in this paragraph, loses its rank in relation to the mortgage loans referred to. In case of execution of the property subject to such charge, the intervener court, the BHU or the ANV should ask the Ministry of Housing, Territorial Planning and Environment the information regarding the amount of the adjusted and undepreciated subsidy, in the event of elapsed time. This amount should be reimbursed to the Ministry of Housing, Territorial Ordinance and the Environment once the mortgage loan referred to in the first has been satisfied, provided that it has been granted the same. When the subsidy The property of the owner of the property shall not be the same as the corresponding price, the immovable property shall not be the same as the term of the uneasiness laid down in Article 70. (i) the reimbursement of the non-depreciated allowance would have occurred. This benefit shall apply exclusively to the successful tenderer of the direct housing allowance or to his successors in title. This provision shall govern for all the activities already carried out, as well as for those in the future Ministry of Housing, Territorial Ordinance and Environment, provided that their acquirers have received allowance. " |
A A A A A A Sala de Sessions de la CA ¡ mara de Senators, in Montevideo, 10 August 2011.
CA-mplase, acorsese recibo, comunAquese, publáquese e insatirtese en el Registro Nacional de Leitos y Decretos, la Ley por la ue se declara de interastro nacional la ameliordo de las conditionas de acceso a la vivienda de interašs social.
 |
 Montevideo, Uruguay. Legislative Power. |
