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On July 24 were published in the Official Gazette of the Republic of Cuba a series of changes indicating an increase in the regulation of trade, donation, purchase and construction of housing, in areas that Basically, the new resolution what it does is to give "power" to the territorial delegations of tourism, spatial planning and housing to decide
"Zone of high importance for tourism "is one of the twelve categories that appear in the Decree-Law 331 (2015), to protect those who are considered" special areas ". Under this category are, among others, Varadero and the municipality of Habana del Este.
PERMUTA, DONATION AND PURCHASE OF REAL ESTATE
The resolution published by La Gaceta states that in case of exchange, donation and purchase of real estate, an application for authorization must be submitted to the municipal housing bureau.
This is a procedure that is quickly obtained in other places in front of a notary, but in the case of areas of "high tourist importance", they must go through a filter. approval.
Once the application is submitted – which requires some documents – the file will be opened and the territorial delegation of the Ministry of Tourism will be transferred to the effects of its evaluation and the publication of the corresponding declaration. "
After receiving the" favorable decision of the delegate of the Minister of Tourism corresponding to the area "Next, the Director of Housing will communicate a resolution authorizing the application.
Then, once the interested party has been informed, he will appear before a notary based in the area where the house is intended to specify: finally, the act of exchange, gift or sale.
REHABILITATION, UNIFICATION, DIVISION, EXTENSION OR REMODELING [19659003] With regard to rehabilitation, unification, division, extension or remodeling of housing, the application for a license will be processed by the municipal physical planning office.
Once the file open, the Municipal Bureau of Spatial Planning, within eight working days, will request the criteria of the delegation of the Ministry of Tourism of the Zone (or the Office of the Historian of the City of Havana, in the case of Old Havana and Central Havana); and it is that in the case of Old Havana and central Havana – capitals badociated with the Historian's Office – there are specific orders of a more restrictive nature.
If the pronouncement of the Zone is negative, the Municipal Directorate of Planning will notify, in writing, the decision not to authorize the building permit, "otherwise issue the building permit or permit. , as the case may be. "
When the requests do not conform to the urban regulations, the Municipal Directorate of the Spatial Planning will refuse it" in accordance with the current procedure, without it being necessary to transfer it to the authority of the area. "
According to La Gaceta the decision will take into account the balance of the population residing in the area. each zone, and will tend to "avoid its increase". Other conditions will be that swaps do not involve population growth or new owners.
The resolution also states that houses that are "basic means" will not be converted to "related". At the same time, the new procedures stipulate that gift or sale can not affect tourism development programs.
The emergence of new housing will also be limited, while promoting a "rigorous adjustment" to the requirements established by the land use plan and the town planning regulations for the respective areas [19659006] Among them, parts and pieces left unoccupied will not be delivered for housing purposes but will be intended for tourism development, restoration and conservation of heritage and satisfaction of social services.
The new procedures approved and published in The Official Gazette of the Republic complete the new regulation for the housing sector in Cuba, decreed in April 2017.
Given the complexity of the process, the number of actors involved and the In addition to the restrictions, it is very likely that the new regulations will further accentuate the depression in the housing sector, one of the most dramatic that Cuba has experienced during of the last half-century.
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