One of the latest cases is happening in Nueva Barquita, where the beneficiary owners are selling their apartments, valued at 2.5 million, for as little as 300,000 pesos.
By Gissel Taveras
elinmobiliariodo@gmail.com
SANTO DOMINGO.-The Ministry of Housing, Habitat and Buildings (MIVHED) establishes that according to Law No. 339, buildings intended for housing, whether single-family or multi-family, that the State transfers to private individuals, are declared by right as Family Property.
This means that in both urban and rural areas, homes donated through social improvement plans implemented by autonomous state agencies, or directly by the Executive Branch, are prohibited from being transferred to third parties, or sold before 10 years after the donation.
Contrary to what the law states, however, many residents who are beneficiaries violate this agreement by selling their donations before the stipulated time, sometimes even at the lowest market price.
One of the latest cases is happening in Nueva Barquita, where the beneficiary owners are selling their apartments, valued at 2.5 million, for as little as 300,000 pesos.
Citing conflicts with the Board of Trustees of La Nueva Barquita, the sellers decided to transfer their properties to third parties, as reported this week by the newspaper Diario Libre.
According to the MIVHED's requirements for obtaining the title of ownership, the contract contemplates compliance with a series of requirements such as the usage contract: "The user may not lease or transfer the use of their unit to third parties.".
When does the law grant permission to sell?
According to Law No. 5610 of August 25, 1961, with the prior authorization of the Executive Branch, a sales or transfer permit can be obtained in the following cases:
a) Necessary transfer of owner to another location
b) Illness of the owner or their family members that requires relocation for treatment
c) Notable economic hardship of the owner to continue the payments, when it is not a donation.
According to the regulations of the Ministry of Housing, if this authorization is granted, the transfer, in order to be valid, must be subject to a new contract replacing the previous one signed by the General Administrator of National Assets, the current owner and the new recipient, the latter having to be chosen by the Executive Branch, who could be a person indicated by the owner if he meets the moral conditions and of scarce economic resources that are required for the awards.
If the Executive Branch grants the authorization, it must choose the new concessionaire within one month. After that period, the one designated by the current owner will be considered approved.
Each new successful bidder will be subject to the same requirements set out for the validity of the transfer of ownership.
Also declared as Family Property by right are the plots and houses definitively transferred by the Dominican Agrarian Institute (IAD) to farmers in settlements intended for agrarian reform projects.
