Litigation and claims regarding wastelands, perpetual surface rights, measures and boundaries: Legal Provision Resolution No. 54/14 of the Physical Planning Institute.

When there is a conflict about wastelands, Perpetual Surface Law or measures and boundaries, the person affected will promote the process in writing, without any formality, in which it is stated briefly and clearly what is claimed and the facts and grounds of the right of what is requested, attaching the documents that in this regard are in the possession of the claimant, and expressing any evidence that he intends to use or through an appearance before the official of Physical Planning (OGTV), who will issue a document containing the claim and its foundations, and will attach the documents that in this regard are held by the claimant, providing any evidence that it intends to use.
This process is carried out in compliance with the procedure established in the regulation and once it is concluded, a resolution is issued resolving the matter; Whoever is not in agreement will establish an Appeal before the Popular Provincial Court within 30 working days following the date of notification.
Term: 60 business days.
In the event that errors or omissions are detected that do not go to the bottom of the matter, subject to correction in the resolutions already issued, they will be resolved by the Municipal Directorate of Physical Planning through resolution.
The resolutions issued by the provincial and municipal directorates of Physical Planning, in compliance with the provisions of this Resolution, may be challenged before the Civil and Administrative Chamber of the corresponding Provincial People's Court, within a term of thirty (30) business days. following the notification.

 

Legal provision Resolution No. 54/14 of the Institute of Physical Planning

When due to urban and territorial regulations that prevent it, the owners of wastelands could not obtain authorization to use them in the construction of their own home, they may be interested in the exchange by the DMPF for another owned by the State, of the same or similar characteristics, if it exists. You must accompany a title that certifies the ownership of the land, the Certificate of Domain and Lien from the Property Registry.
The owner may, in addition, offer for sale to the State the land of his property. The request for the procedure is presented to the Physical Planning Officer (OGTV).
Term: 35 business days, 15 for the Municipal Department of Physical Planning.

Mandatory technical-administrative document and prior to any urban, architectural and constructive action, aimed at compliance with urban regulations and other technical standards.

The Construction License is issued for: Legal Provision Resolution No. 54/14 of the Institute of Physical Planning.
Construction actions that occupy land definitively, construction of new homes, expansion of existing homes and any other that involves structural modifications in individual homes and multi-family buildings.
Accompanying the request of the natural person is a document of the Perpetual Surface Law, property of the wasteland or the assignment of use of the roof, in the case of new constructions, and title to the property, if applicable.
To obtain the Construction License you must have the executive project, issued by the empowered entity (currently a Community Architect) or the technical certification of the project if it has been prepared by other empowered personnel.
The executive project is prepared from the Certificate of Urban and Territorial Regulations issued by the DMPF.
Once the project has been prepared, it is delivered to the Physical Planning officer (OGTV) for review and, once approved, the Construction License is issued.
Project review term: 30 business days after delivery.
Term to issue the Construction License: 30 business days after delivery of the approved project.
For the construction of a house by own effort on rustic farms, owned by a small farmer, in addition to the above, it is accompanied by the authorization of the Ministry of Agriculture and the approval of the National Association of Small Farmers (ANAP).
Work authorization.
Mandatory technical-administrative document and prior to any urban, architectural and constructive action, for minor works, aimed at compliance with urban regulations and other technical standards.
Any modification of the project is consulted with the DMPF before executing the work.
The Work Authorization is issued for: Legal Provision Resolution No. 54/14 of the Institute of Physical Planning.
Minor works outside the home, painting and outdoor repair in the case of multi-family buildings or homes located in areas declared a national monument, and main roads defined in the General Plan for Land and Urban Planning, which temporarily occupy land, interior construction actions to the house that imply modifications to the hydrosanitary networks, demolitions and total or partial shoring, after the opinion of the authorized entity and modifications of facades.
A request for the Work Authorization by natural persons is accompanied by:
Ownership of the property, sketch or project of the construction or assembly actions to be carried out, duly delimited, prepared by the empowered entity (currently Community Architect) or by a relative, and corresponding stamp.
Term: 15 business days.
Conservation work carried out on a property does not require a Construction License or Work Authorization to protect it from wear and prolong its useful life, as well as other interior construction work and actions in homes that do not modify the façade or affect or transform the construction structure. of the building.
No Construction License or Work Authorization is granted for: Legal Provision Resolution No. 54/14 of the Physical Planning Institute.
1. a) Carry out extensions or any constructive action that implies an increase in the residential capacity of your home to people who have all or part of their home leased;
2. b) the construction or expansion of houses to carry out commercial activities, except for ranches, porches, pergolas and gazebos, associated with the house; and
c) the construction of swimming pools.

 

Legal provision Resolution No. 54/14 of the Institute of Physical Planning

Owners may assign the use of the roof of their property, with or without payment, in favor of people who need it to build their home, provided that new construction is technically possible and that there are no urban and territorial regulations. that prevent it, with the prior approval of the DPPF.
Those interested in transferring the use of the roof for the construction of houses present a written request to the official of Physical Planning (OGTV), which must reflect the general information of the parties, definition of the act by which it intends to transmit the use of the roof, address where the home is located and specify if all or part of the property is transferred. If it is in part, define the area to yield.
In addition, they present a Technical Opinion that expresses that the property resists the new construction, issued by the empowered entity (currently Community Architect), a sketch that reflects the area to be assigned, a title proving ownership of the home and the corresponding stamp.
In the case of multi-family buildings, you must have the written consent of all the owners residing in them and, in addition, comply with the regulations established in Resolution No. 4 of 1991 of the President of the National Housing Institute (INV).
In this process it is necessary to define the accesses, as well as the water supply and the evacuation of residuals.
Term: 60 business days, 30 for DMPF and 30 for DPPF. $ 5.00 CUP stamp.