Procedures and Services

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.

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.

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.

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.