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Litigation and claims concerning wasteland plots, perpetual surface rights, measures and boundaries: Legal Provision Resolución No. 54/14 of the Physical Planning Institute.

When there is a conflict around wasteland plots, perpetual surface right or measures and boundaries, the affected person will promote the process in writing, without any formality, in which it is stated briefly and clearly what is claimed and the facts and legal bases of what is requested, attaching the documents that are in the possession of the claimant in this respect, and expressing any evidence that he intends to use or by means of an appearance before the Physical Planning Officer (OGTV), who shall issue a document containing the claim and its grounds, and shall attach the documents in the possession of the claimant in this regard, providing any evidence that he intends to use.

Any person who is not in compliance with this procedure shall establish an appeal before the Provincial People's Court within 30 working days following the date of notification.

Term: 60 working days.

In the event that errors or omissions are detected that do not go to the substance of the matter, susceptible of correction in the resolutions already issued, they shall be resolved by the Municipal Physical Planning Officer by means of a resolution.

The resolutions issued by the Provincial and Municipal Physical Planning Offices, 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) working days following the notification.

 

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It is an administrative document through which is certified that the investment of a house, covered by a construction license has been completed; it has all the facilities required in the technical documentation and therefore fulfil all the requirements for registration in the corresponding bookmark.

Certificate of Habitable: Legal Disposition Resolution No. 54/14 of the Physical Planning Institute.

When the work is finished, the natural person requests the Certificate of Habitable to the Physical Planning Officer (OGTV), previous verification that this has been made in agreement with the aspects of the executive project analyzed, and the regulations and conditional expressly indicated in the granted Construction License. The application is by the corresponding stamp.

When applying for the Certificate of Habitable without concluding the terms of the Construction License is an indispensable requirement for its granting that the built complies with what is established to be considered as a minimum adequate housing, so it must have independent access, at least three premises: room, bathroom and kitchen, minimum useful surface of twenty-five (25) square meters and other requirements of habitability that are established.

In these cases, the dwelling is finished and the Construction License remains valid. The rest of the work to be built is continued as an extension and once it is finished a new Certificate of Habitable is issued which accredits its completion , which will be formalized by means of a Public Writng before a notary.

Term: 30 working days from the presentation of the application.

 

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Description, appraisal, measures and boundaries:
Disposición Jurídica Resolución No. 54/14 del Instituto de Planificación Física.

The technical opinion of description, appraisal, measures and boundaries is issued by the DMPF, and natural people present it to the Physical Planning Officer (OGTV): ground ownership and ground plan survey, property description and appraisal calculation (technical document) prepared by the authorized entity (currently Community Architect).

Term: 20 working days. Stamp: $5.00.

The measures and boundaries set by the Municipal Physical Planning Office will be updated in the Technical Report through a cadastral certification.

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It is an obligatory technical-administrative document prior to any urban, architectural and constructive action, aimed at complying with urban regulations and other technical standards.

The Construction License is issued for:  Resolución No. 54/14 of the Physical Planning Institute.

Construction actions that occupy land definitively, construction of new dwellings, extension of existing dwellings and any other actions that involve structural modifications in individual dwellings and multi-family buildings.

It accompanies the application of the natural person document of the surface perpetual right, property of the wasteland plot or the cession of roof use, in the case of new constructions, and title of property of the housing in its case.

To obtain the Construction License must have the executive project, issued by the authorized entity (currently Community Architect) or technical certification of the project if it has been prepared by other authorized personnel.

The executive project is elaborated from the Certificate of Urban and Territorial Regulations issued by the DMPF.

Once the project has been drawn up, it is handed over to the Physical Planning Officer (OGTV) for reviewing and, once approved, the Construction Licence is issued.

Deadline for project review: 30 working days after delivering

Term to issue the Construction License: 30 working days after delivering the approved project.

For the construction of housing by own effort in rustic farms, owned by a small farmer, in addition to the above written, it is accompanied by the authorization of the Ministry of Agriculture and approval of the National Association of Small Farmers (ANAP).

Work Authorization.

It is a mandatory technical-administrative document prior to any urban , architectural and construction development, for minor works, aimed at compliance with urban regulations and other technical standards.

Any modification of the project is consulted to the DMPF before executing the work.

Work Authorization is issued for: Resolución No. 54/14 of tPhysical Planning Institute .

External minor works to dwelling, painting and repair on exteriors in the case of multi-family buildings or dwellings located in areas declared a national monument, and main roads defined in the General Plan for Territorial and Urban Planning, those that occupy land temporarily, construction actions inside the dwelling that imply modifications to the hydrosanitary networks, demolitions and total or partial shoring, previous opinion of the authorised entity and modifications of facades.

The application for Construction License by natural people is accompanied:

Ownership of the building, sketch or project of the construction or assembly actions to be carried out, duly delimited, drawn up by the authorized entity (currently the Community Architect), and the corresponding stamp.
Term: 15 working days.
No Construction License or Work Authorization is required for conservation works carried out in a building to protect it from wear and prolong its useful life, as well as other works and interior construction actions in houses that do not modify the facade or affect or transform the constructive structure of the building.
No Construction License or Work Authorization is granted for: Resolución No. 54/14 of the Institute of Physical Planning.
a) To carry out extensions or any constructive action that imply an increase in the housing capacity of your home to people who have all or part of your rented home;
b) the construction or extension of dwellings for commercial activities, except ranches, porches, pergolas and roundabouts, associated with the dwelling; and
c) the construction of swimming pools.

 

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