Encroached land settlement

Encroached land settlement

The Ministry of National Economy and Finance intends to bring changes to the law on encroached property, so as to facilitate those who have legal or perceived titles to public estates and the exception of those who have erected arbitrary buildings without a building permit, and which they have not legalized.

Under the original law, the condition for acquiring a plot of land on which there was a building was possession for 30 or 40 years (as the case may be), with the additional condition that the property had been erected either by the end of 1981, or by the end of 1991 (also depending on the case).

With the changes that are being promoted, the time limitations of the construction and essentially of the existence of the buildings are deleted.

The new provision that will soon be tabled in the Parliament will provide that: Anyone who, at the time of entry into force of this law, is in continuous possession of public property, himself or his licensors, is entitled to submit a redemption request: either for at least 30 years with title, or for at least 40 years without a title, as long as the applicant uses the property as his main residence or as an auxiliary space thereof or to carry out tourist, craft, industrial or commercial activity.”

Those who benefit are those who belong to the first category. As long as they have titles to real estate owned by the state and have proceeded to construct properties with a building permit, they can submit an application acquisition regardless of the time of construction. That is, in the event that someone with titles has erected a building in 2015 with a building permit, they can submit a redemption application.

The losers are in the second category. According to ministry officials, those who do not have titles and have erected a building within the plot without a building permit and have not legalized it cannot apply and buy back the property they have encroached upon. If in the past they managed to legalize it (regardless of how they did it), they can apply.

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