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Legislation on municipality and housing in Venezuela

Anonim

It is obvious to explain the need of the human being to have a place to live, which is why in Venezuela the right to a home is foreseen; in fact, it prints the adjective "dignified" and the Constituent Assembly entrusts the State to guarantee it.

Making an analysis of the constitutional norm, it must be understood that the housing matter is a concurrent competence, that is, all levels of the Public Power are involved in it.

If we start from the powers attributed to each one, it follows that the national is assigned the establishment, coordination and unification of technical standards and procedures for engineering, architecture and urban planning works, as well as the legislation on it.

Hence, there are approved legal instruments, either by ordinary ordinance or by enabling laws; It is worth mentioning, without carrying orders of priority or of any nature, much less value judgments, the Organic Law of the Social Security System (2012), the Law of Regulation and Control of the System of Programmed Sales (2012), the Law of Shelters Worthy (2011); the Organic Law of Emergency for urban land and housing (2011), the Law of Property Regime of the Great Housing Mission Venezuela (2011), the Law against the Eviction and Arbitrary Vacancy of Houses (2011), the Law for the Regularization and Control of Housing Leases (2011), the Special Law for the Comprehensive Regulation of Land Tenure in Popular Urban Settlements (2011);Housing and Habitat Benefit Regime Law (2012), Venezuelan Civil Code (1982); Law of Uncultivated Lands and Ejidos (1936), the Organic Law of Land Management (1983); Organic Law of Urban Planning (1987); Public Registry and Notary Law (2006); the Urban Land Law (2009); Law of Geography, Cartography and National Cadastre (2000), Organic Law of the Communes (2010), Law of Forest Management (2008), among others.

On the other hand, it is in charge of the Republic, it pertains to the national policies of housing and planning of the territory; in addition, the general regime on home public services, highlighting drinking water, electricity, domestic gas, telecommunications, among others.

The states, considered as federal entities, contribute by providing real estate and logistics (machinery, personnel, for example) or financial resources. It should be remembered that the states tend to collaborate very closely with the municipalities in various aspects, because they do not have the financial resources to undertake large infrastructure works, despite the fact that they have their own taxation and receive other ordinary and extraordinary income.

No less important, the municipal level is in charge of urban planning, social housing, civil architecture, nomenclature, urban cadastre, urban roads, urban and residential cleaning, drinking water service, electricity and domestic gas, public decoration, parks. and gardens, squares, among others.

These local powers are developed through ordinances issued by the municipal council or through national laws - such as those cited above - concurrently with other areas of public power, both centrally and decentralized.

It is appropriate to emphasize that ejidos are an important element when planning massive housing construction, especially of social interest, since they are intended to serve as an instrument within the planning and execution stages of expanding cities, since population growth demands the satisfaction of needs that the official sector must provide, referring to public services, such as drinking water, electricity, urban and home cleaning, telecommunications, public transport, among others.

The Organic Law of Municipal Public Power (LOPPM, 2010), following the constitutional guideline, establishes that the ejidos can be deactivated for the construction of houses or for productive uses of services and any other of public interest, in accordance with the urban planning plans and the provisions of municipal ordinances.

Within the list of competences of the Municipal Public Power, public services are linked to the generation of housing for the same reasons stated above, as well as components such as the exercise of urban control or taxation, since the LOPPM indicates as assigned subjects - for example - the provision of domestic gas or drinking water service.

Likewise, the construction of houses generates stable and permanent jobs, since it activates various sectors of the economy, such as commerce, banking, insurance, services provided by individuals; This allows various taxes of different levels to be applied, leading to a better quality of life.

On another occasion, other topics related to the topic will be discussed.

Legislation on municipality and housing in Venezuela