New regulations for housing in Cuban tourist areas

Joint Resolution number one of 2018 of the Ministries of Construction (Micons) and Tourism (Mintur), and the Institute of Physical Planning (IPF), also affects rooms and premises in areas of the municipalities of Old Havana and Central Havana.

These regulations tackle in a comprehensive manner the actions of the municipal directorates of Housing, Physical Planning and the delegations of the Ministry of Tourism to comply with the provisions.

Areas of high significance for tourism are those that, due to their relevant natural, cultural or historical characteristics, constitute a resource of great importance for the country, whose fundamental economic activity consists in the development of tourism and in which special regimes are established.

Joint Resolution 01 of the Micons, the Mintur and the IPF explains that the request for authorization to carry out the swap, donation and sale of properties located in these areas, is presented to the Municipal Housing Directorate of the territory where the property is located.

It must contain the general information of the parties, the address of the dwelling or dwellings subject to the procedure, as well as the composition of the family that occupy the properties to be transferred”, according to the act for which authorization is requested.

When submitting the application, the interested parties must provide the documents proving their ownership, registered in the Land Registry. In the event of a swap, if a linked or basic means of housing is involved, they also provide the authorization document of the head of the body or entity to which the property belongs.

The regulations establish that once the application has been accepted, the file is filed and transferred, within a period of five days, to the territorial delegation of the Mintur, for the purposes of its evaluation and the issuance of the corresponding pronouncement.

Authorizations for the swap, donation and sale of homes in the area of high significance for tourism in Old Havana and Central Havana are processed in accordance with the specific legislation for these areas.

The resolution adds that once the favorable pronouncement of the delegate of the Minister of Tourism for the area has been received, the municipal director of housing issues a resolution authorizing the request.

Once the interested party has been notified, he or she goes before a public notary with headquarters in the area, in order to formalize the act of swap, donation or sale, for which purpose the resolution authorizing it is delivered.

The regulation establishes that the license or authorization request for actions of rehabilitation, unification, division, extension or remodeling of houses of personal property, is promoted by the holder in writing before the Municipal Direction of Physical Planning.

Physical Planning, within eight working days of receipt, requests the criteria of the Delegation of the Ministry of Tourism of the Zone or the Office of the Historian of the City of Havana, for the case of Old Havana and Central Havana.

When requests do not comply with urban regulations, the Municipal Physical Planning Directorate denies them, in accordance with current procedure, without having to transfer them to the local Mintur authority.

If it complies with urban regulations, the Municipal Directorate of Physical Planning requests the criterion in writing from the Mintur, with the general data of the applicant, legal documents proving ownership of the dwelling or building that is the object of the construction actions requested, a description of the construction action to be carried out and an evaluation of urban compliance.

In the event that the declaration of the tourist authority is negative, the Municipal Physical Planning Directorate notifies, in writing, the decision not to authorize the Construction License, within three working days of receiving it, otherwise it issues the Construction License or authorization, as appropriate.


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