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On benefactions

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On benefactions:

Article 147: The benefactions that exist in the lands given in usufruct will be under the protection of Decree-Law 358 and its complementary norms, for its legalization process.

Article 148: The usufructuary with his own resources, may build or promote new benefits, as well as rebuild, remodel or expand one and the other. For the construction, reconstruction, remodeling or expansion of the benefactory, prior authorization from the Municipal Department of Physical Planning is required.

Article 152.- The holder of the usufruct right is the person authorized to request the construction, reconstruction, remodeling or expansion of the benefits provided for in Decree-Law 358, which he executes with his own resources and means.

Article 153. The surface authorized for the construction or expansion of the benefits, may reach up to one (1%) percent of the total land delivered.

Article 154.- The construction of houses is not applicable in the following cases: Land located within the urban perimeter, land provided for in the Land and Urban Planning Plan for the development of towns and cities called Immediate Building Land, and for agricultural development plans or forestry or others of future execution and lands where for environmental or safety reasons for people it is not appropriate.

Article 158.- For the construction, reconstruction, remodeling or expansion of benefactories on the lands given in usufruct, the Municipal Department of Physical Planning issues the Certification of Regulations, in which it indicates: a) the location of the benefactories, by means of a bounded sketch ; b) the validity time of the facilities, in the areas delivered in usufruct at a specified time; c) the materials to be used for each location; d) the prohibition to dedicate them to other unauthorized purposes; and e) other elements deemed necessary to facilitate its adequate construction.

Article 159.- The Municipal Department of Physical Planning issues the Certification of Regulations, within a term of thirty (30) business days following the presentation of the application.

Article 160.- The Municipal Directorate of Physical Planning issues the corresponding Work License within a term of thirty (30) business days following the presentation of the project, in the cases that houses, chemical warehouses, pig farms are built, dairy, small livestock buildings and other benefactions.

Article 161.- Once the construction, re-construction, remodeling or expansion of the benefits has been completed, the usufructuary has the obligation to attend the Municipal Directorate of Physical Planning to request the Certificate of Usable, which will be granted within the term of thirty (30) business days following the request.

Article 164.- The Municipal Delegate or Director of Agriculture, as appropriate, and the Municipal Director of Physical Planning exercise control of compliance with the regulations established for the execution of the constructions that are authorized, without prejudice to the responsibility that in this sense the Director of the state entity that delivers the land exercises.

Article 165: - The construction, reconstruction, remodeling or expansion with infringement or violation of the established, implies the application of the measures provided for in the current legislation.

Article 166.- To legalize the benefactions built in areas handed over in usufruct before the entry into force of Decree-Law No. 358 dated August 7, 2018, it will proceed as follows:

a) A survey will be carried out by the state entities that administer the lands given in usufruct within 180 days from the entry into force of this document.

b) Once the information has been received from the municipal Physical Planning directorates, the provenance or otherwise of the constructed benefits will be evaluated.

c) In cases where it is appropriate to legalize the benefits, once the established requirements have been fulfilled, the Usable Certificate will be issued, and otherwise its demolition will be managed.

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