Procedures and Services

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When applying for the declaration of linked housing or houses belong to entities, the following documents are provided:

- Application for declaration of linked dwelling or houses belong to entities made by the principal of the entity that owns them.

- A writing arguing the use of the house.

- Application form for declaration of linked dwelling or houses belong to entities, provided by each of the entities.

- If the dwelling is not newly built, the document accrediting the allocation by the Municipal Administration Council.

- In the case of recently completed housing by the entity itself, the Certifico de Habitable; and

- In the case of premises converted into dwellings due to a change of use, the document accrediting its approval.

 

When applying for the cessation of linked dwelling or houses belong to entities, must be accompanied by the following documents:

- Application for cessation of linked dwelling or houses belong to entities duly substantiated.

- Application form for cessation of linked dwelling and houses belong to entities, provided by each of the entities.

- Description and appraisal of the dwelling

 

In the case of cessation of the condition of linked dwelling and transfer of property is requested in addition to the above aspects:

- Lease contract signed by the entity and the lessee.

- Resolution that declared when was the dwelling designed as linked

- Documents accrediting the payment of the established monthly instalments.

- All this provided that there are no occupations, change of use, constructive actions and other illegal nature in the home, which prevents it.

 

In the cases of linked dwelling, the total payment of 180 monthly instalments (legal price) can be transferred into property after the term of 15 years has elapsed.

In the case of linked dwellings, they can be transferred into property according to the terms established in the one-time purification process.

In the cases of the tenants of linked dwelling that their contract is made for 20 years (240 monthly payments) and they want to continue, their decision is respected and 50% of the legal price is taken into account.

All this documentation must be delivered to the Provincial Administration Group by the legal advisors of the entities subordinated to the Popular Power once the technicians in the municipalities endorse each file.

 

 

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Transfer of housing ownership if the owner dies. (Norma Jurídica Ley General de la Vivienda Art. 78).

If upon the death of the owner there are no heirs, or they renounce the inheritance, and the dwelling has been permanently occupied by other persons, the property will be transferred to the State.

Persons who, if they own another permanent residence dwelling, occupied the same with the consent of the previous owner, for at least five (5) years before their death, may request the transfer of the property in the Municipal Housing Directorate.

The request is made in writing and must contain:

Written application.
Certification of death of the owner
Evidence of occupation of the dwelling for five (5) years prior to the death of the owner.
Stamp worth $10.00.

Transfer of the property to onerous usufructuaries, legitimate occupants and tenants (Norma Jurídica Resolution No. V00/2014, Art. 16 et seq.).

The request for transfer of property is made in writing and must contain:

Generals of the applicants, or their representatives as the case may be.
Pretension, form of acquisition and facts on which it is based.
Address of the dwelling.

Name of spouse, proceeds

Relationship of cohabitants, relationship and date of occupation.
If you are up to date in the payment of the dwelling, if applicable.
Stamp for a value of $ 10.00.

 

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Application for subsidy to carry out constructive actions in housing

Requirements: Family nuclei and cohabitants with lack of economic solvency, protected or not by Social Assistance, who are willing to solve their housing problem by their own efforts.

Priorities: Families affected by natural catastrophes (cyclones, floods, landslides, fires and others considered as such) whose damage classifies as total or partial loss of the dwelling, fundamentally those cases that are in an advanced state of execution. Critical social cases, particularly those aimed at eradicating vulnerable housing conditions. Families or persons who need to solve obstructions and hydrosanitary leaks.

Application for the subsidy is made to the Municipal Housing Office in the Proceeding Department.

Applications for subsidies from natural persons will not be processed when this is to carry out actions in:

. Homes located in foci or unhealthy neighborhoods, and

. Housing granted in rent, and rooms belonging to the state fund, if the subsidy action will be granted to carry out conservation actions only of the built and inside the property.

The application must contain the following information:

. Full name of the applicant, identity card, home address and place of location.

. Description of the actions that intends to carry out.

. Willingness of the person to carry out constructive actions by his own effort.

The applicant will have to show the document that accredits the ownership as:

. Owner, usufructuary or lessee of the property.

. Cessation of the roof use.

. Ownership of the land or area perpetual right.

NOTE: In the case of those affected by meteorological events (total collapse) and critical cases that do not have ownership of land their applications are accepted at the processing offices, and once approved the subsidy, the payment of this is included in the amount of the subsidy.

The files are submitted by the Municipal Housing Director to the Administrative Council, within fifteen (15) working days from the date of receipt of the application, until it provides for the completion of the date of receipt of Municipal Labour Office.

 

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Transfer of house ownership in cases of definitive absence from the country (Norma Jurídica Ley General de la Vivienda Art. 81 et seq.).

The permanent residence, whose owner has definitively left the country, is confiscated by the State for the purpose of being able to transfer their property to persons entitled to do so, in accordance with the provisions of this Law. Have the right to free transfer of ownership:

- Co-owners.
- Spouse, children and other descendants.
- Parents, grandparents and other ascendants.
- Brothers and nephews.
- Uncles
- Cousins.

The transfer of ownership will be made in the order in which they appear in the preceding paragraph, and one excludes the next. Exceptions are the spouse and children who will attend with the same right.

Whoever is awarded the home, in the above cases, has the obligation to settle the debts that were left on it with the bank.

 

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Litigation and other right claims (Norma Jurídica Ley General de la Vivienda Art. 130 et seq.).

The Municipal Housing Office is responsible for litigation and right claims regarding the housing ownership when the document is issued by corresponding administrative authorities, according to Chapter XV of the General Housing Law (State-owned housing), as well as those relating to housing without status and rooms. When promoting them, it is contributed:

- Written application.
- Document and other evidences could be shown
- A stamp of $ 10.00.

The written request must contain all the issues that motivate the procedure and consequently a copy must be provided for each person against whom the claim is directed for the purpose of transferring the proceedings to them to answer the request.

Are not competence of the Housing System:

. Issues related to housing rights and neighbourhood relations in general, which are dealt with directly by the Popular Courts.

. Disputes and right claims related to the house property that is accredited with judicial or notarial documents, including the obligatory house exchanges and divisions, which are competence of the Courts.

. Disputes and claims of house right around wasteland plots, perpetual surface right and measures and boundaries, which are the competence of the Municipal Physical Planning Office.

 

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Request for updating of housing property titles (Norma Jurídica Res. 342/11).

This procedure enables the updating of ownership titles of natural persons in cases that:

- Errors or omissions relating to the elements of the description and appraisal.
- Internal constructive actions carry out that modify the description of the dwelling, unify or divide it and do not require a building permission or authorization according to current legislation.
- The physical reality does not coincide with that reflected in the property title, because constructive actions of expansion, rehabilitation or remodeling have been carried out, provided that the technical construction requirements and the urban and territorial regulations have not been violated.
Persons interested in updating their titles, covered in subparagraphs a) and b) do not require Resolution of the Municipal Housing Office. The Technical Report issued by the Municipal Physical Planning Office constitutes the valid document for the purposes of the corresponding notarial update.

2) The Technical Report of the Municipal Physical Planning Office includes the
description and appraisal of the actions carried out, current description and technical-constructive status, as should be.
3) If the application consists only for updating of the property title regard to the legal price of the house, the certification issued by the Fund Control Department of the Municipal Housing Office is effective for the purposes of the corresponding notarial action.

The directors of the Municipal Housing Office are competent to issue resolutions on the property housing update covered by Article 1(c).

The interested people should submit the following documents:

- Written application with all their general informatiom
- Document accrediting the house ownership.
- Certify of Physical Planning accrediting that there is no objection for the housing title update.
- Technical Report issued by the Municipal Physical Planning Office.
- Stamp of $ 10.00.

 

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Administrative housing exchanges (Norma Jurídica Resolución No. V001/2014 Art. 57 and following).

The Municipal Housing Director of the place where the property is located, determines exchange applications involving houses, rooms and accessories (no linked dwelling or houses belong to entities). The exchange right corresponds to the owner, without being able to oppose people who reside with him and do not hold the same legal concept.

It proceeds in the cases:

. In those cases where, at least one of the involved in the exchange is a tenant or usufructuary, or between any of them among themselves.

. Those promoted by a tenant of the state house, in order to make cohabitants independent, as long as it solves a social or humanitarian problem.

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Cessation of cohabitation (Norma Jurídica Ley General de la Vivienda Art. 64 et seq.).

It is presented to the Municipal Housing Office by the owner of the home contributing:

- Written application.
- Stamp for value of $ 10.00 for all the procedure.
- Title of property.

The writing request must contain all the questions that motivate the procedure and consequently a copy must be provided for each person against whom the cessation is pretended, to effects of the transfer of the actions to the same ones so that they answer the request.

The cessation of cohabitation may not be exercised against:
- Ascendants and descendants of the owner.
- Mother with one or more children in the marriage (formalized or not) with the owner provided that she has the custody and care of children and has no other place of residence.
- Mother with one or more under-age children who have been occupying the dwelling for three or more years and have no other place of residence.
- Elderly people who have occupied the dwelling for three or more years and have no other place of residence.
Any other case which, in the opinion of the competent authority, constitutes a manifestation of injustice or an inhuman act.

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