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Resolution No. 54/14 of the Physical Planning Institute

When, due to the existence of urban and territorial regulations that prevent it, the owners of wasteland plots could not obtain authorization to use them in the construction of their own home, the DMPF may be interested in exchanging them for another property of the state,with the same or similar characteristics, if it exists. It must accompany by the title that accredits the land property, the Property Certification and Property Registry Gravamen.

The owner may also offer the land he owns for sale to the State. The application is submitted to the Physical Planning Officer (OGTV).

Term: 35 working days, 15 for the DMPF and 20 for the DPPF.

 

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Legal Provisions Resolutions 54 and 55/14 of the Physical Planning Institute

Persons interested in building housing by their own efforts on state land must submit their application and substantiation, also listing the applicant's first and last names, identity card, home address, place of location, composition of the family nucleus, as well as a sworn statement that they do not own another home, nor is it the surface of a plot of land or barren plot to build a home by their own efforts.

The assignment of state plots and barren plots for the construction of houses by own effort will be made to natural persons, who are previously authorized by the Council of Municipal Administration (CAM) concerned, taking into account the grounds and priorities for such granting and is legalized before the Municipal Physical Planning Office (DMPF).

Once the Agreement of the CAM is received, the payment for land is made in the bank branch of the place where it is located.

Term: 60 days for the payment of the plot in the bank branch.

Term: 30 working days from the presentation of the bank slick that credits the payment of the plot to obtain the Resolution that recognizes the Perpetual Right of Surface.

The following are established as causes and priorities for the granting of plots and state waste plots:

  1. To have been affected by disasters.
  2. Needed to eradicate precarious conditions.
  3. Social and sheltered cases.                                                                                          
  4. Located in risk zones, which include seismic hazards, natural disasters and others.
  5. For economic-social interest: it is applied in compliance with the country's economic and social policies, in order to establish a workforce and guarantee the economic development of the territory in accordance with approved territorial and urban planning.
  6. Also to solve housing deficits, problems of overcrowding and coexistence, and others related to the technical-constructive state of housing.

The juridical regime of the plots and state wastelands that are assigned is in concept of Perpetual Right of Surface, and it will be able to be granted to several natural persons to construct their houses in the same building and to a natural person to construct a single-family house.

The plots to be delivered will have a dimension between 80 and 150 m².

Natural persons submit their application to the Physical Planning Officer (OGTV). The file will contain the application and its grounds, the applicant's name and surname, identity card, home address, place of location, composition of the family nucleus and a sworn statement that he or she does not own another dwelling nor is it the surface of a plot of land or a barren plot of land to build a dwelling on his or her own initiative.

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Legal Provisions Resolution No. 55/14 of the Physical Planning Institute.

It is any portion of land where there is no building or, existing, is of little significance, traced as such in a human settlement. The land annexed to another building that integrates a physical real estate unit and as such is registered in the Land Registry is not considered barren land.

Transfer between private individuals

The owners of derelict plots that wish to cede these to individuals can do so, by donation or purchase-sale, in favor of people who need them to build their homes, provided that there are no urban and territorial regulations that prevent it and prior approval by the Provincial Directorate of Physical Planning (DPPF), once the case has been processed by the DMPF, who submits it to the DMPF for resolution.

Requests are submitted in writing to the Physical Planning Officer (OGTV) and must reflect the generals of the parties, the address where they are located and the act they intend to perform.

In the case of donation, the legal price is the one that appears in the title of the property. If it does not appear in this, it will be determined ex officio by the Municipal Physical Planning Office. In addition, it must be attached to the written application for the title of the property and the corresponding stamp.

Term: 35 working days, 15 for the DMPF and 20 for the DPPF. Stamp of $5.00.

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On benefactions:

Article 147: The benefactions that exist in the lands given in usufruct will be under the protection of Decree-Law 358 and its complementary norms, for its legalization process.

Article 148: The usufructuary with his own resources, may build or promote new benefits, as well as rebuild, remodel or expand one and the other. For the construction, reconstruction, remodeling or expansion of the benefactory, prior authorization from the Municipal Department of Physical Planning is required.

Article 152.- The holder of the usufruct right is the person authorized to request the construction, reconstruction, remodeling or expansion of the benefits provided for in Decree-Law 358, which he executes with his own resources and means.

Article 153. The surface authorized for the construction or expansion of the benefits, may reach up to one (1%) percent of the total land delivered.

Article 154.- The construction of houses is not applicable in the following cases: Land located within the urban perimeter, land provided for in the Land and Urban Planning Plan for the development of towns and cities called Immediate Building Land, and for agricultural development plans or forestry or others of future execution and lands where for environmental or safety reasons for people it is not appropriate.

Article 158.- For the construction, reconstruction, remodeling or expansion of benefactories on the lands given in usufruct, the Municipal Department of Physical Planning issues the Certification of Regulations, in which it indicates: a) the location of the benefactories, by means of a bounded sketch ; b) the validity time of the facilities, in the areas delivered in usufruct at a specified time; c) the materials to be used for each location; d) the prohibition to dedicate them to other unauthorized purposes; and e) other elements deemed necessary to facilitate its adequate construction.

Article 159.- The Municipal Department of Physical Planning issues the Certification of Regulations, within a term of thirty (30) business days following the presentation of the application.

Article 160.- The Municipal Directorate of Physical Planning issues the corresponding Work License within a term of thirty (30) business days following the presentation of the project, in the cases that houses, chemical warehouses, pig farms are built, dairy, small livestock buildings and other benefactions.

Article 161.- Once the construction, re-construction, remodeling or expansion of the benefits has been completed, the usufructuary has the obligation to attend the Municipal Directorate of Physical Planning to request the Certificate of Usable, which will be granted within the term of thirty (30) business days following the request.

Article 164.- The Municipal Delegate or Director of Agriculture, as appropriate, and the Municipal Director of Physical Planning exercise control of compliance with the regulations established for the execution of the constructions that are authorized, without prejudice to the responsibility that in this sense the Director of the state entity that delivers the land exercises.

Article 165: - The construction, reconstruction, remodeling or expansion with infringement or violation of the established, implies the application of the measures provided for in the current legislation.

Article 166.- To legalize the benefactions built in areas handed over in usufruct before the entry into force of Decree-Law No. 358 dated August 7, 2018, it will proceed as follows:

a) A survey will be carried out by the state entities that administer the lands given in usufruct within 180 days from the entry into force of this document.

b) Once the information has been received from the municipal Physical Planning directorates, the provenance or otherwise of the constructed benefits will be evaluated.

c) In cases where it is appropriate to legalize the benefits, once the established requirements have been fulfilled, the Usable Certificate will be issued, and otherwise its demolition will be managed.

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