2.2 The requirements set forth in this Law and its regulations apply nationwide. The administrative delay in the processing of the file does not authorize the applicant to be required to update the documentation that was presented on the date the file was submitted to the respective municipality.
a. a. Principle of Unity – The regulations issued as from the present Law must be consistent with the legal system, in such a way that the regulations that comprise it are integrated harmoniously avoiding contradictions.
d. Principle of Subordination – In the procedures of urban habilitation and building, the general interest shall prevail over the particular interest, in order to achieve a harmonious urban development.
The procedures established in the present Law, with the exception of the ex officio urban habilitation procedure, are subject to the positive administrative silence, regulated by Law 29060, Law of Administrative Silence.
b. Executed Urban Qualification: That which has been executed without the respective license prior to the entry into force of this Law. Its approval is made in the process of regularization of executed urban habilitations and, if applicable, the reception of the works.
Law 38 of 1999 pdf
The construction sector, through the National Construction Confederation (CNC), has been totally critical of the new Housing Law and assures that it is a regulation that is “very green and that is more political than technical and more interventionist than facilitating”.
Pedro Fernández Alen, president of the CNC, was this categorical yesterday, who described this law as “necessary”, but considers that in its current version it lacks “ambition, especially in fiscal matters”.
In addition, the builders claim that the text of the new law is “very green” and give as an example the new figure of incentivized affordable housing, “which is the maximum exponent of the vagueness and legal uncertainty that is given in the text of the new regulations”. They also believe that “the wording of the law may give cover to undesirable phenomena such as squatting” and consider that it should be the administration that allocates land to build social housing and not the private sector.
Building Management Law
Recognizing this reality, this Law addresses for the first time, and in a strictly sectorial manner, a regulation of the legal regime of subcontracting which, recognizing its importance for the construction sector and of specialization for the increase of productivity, establishes a series of guarantees aimed at preventing the lack of control in this form of productive organization from causing objective situations of risk for the safety and health of workers.
Finally, in order to ensure the effectiveness of this new regulation in construction works, the Law introduces the appropriate amendments to the current Revised Text of the Law on Infractions and Penalties in the Social Order, approved by Royal Legislative Decree 5/2000, of August 4, establishing the appropriate classification of the administrative infractions that may derive from the deficient application of this Law.
All this is structured in two chapters, on the object and scope of application of the Law and definitions, the first, and the general rules on subcontracting in the construction sector, the second, with eleven articles, three additional provisions, two transitory provisions, three final provisions and an annex.
Private Construction Law in Mexico
In the Head Offices of the Cantons in which there are fifteen or more builders, the Chambers of Construction will be organized as juridical persons of private law, which will be governed by this Law and by their own Statutes.
Engineers and Architects and juridical persons shall comply with the provisions of the Law of Professional Defense of Engineers and Architects, in order to obtain their affiliation to the Chambers of Construction.
The Board of Directors of the Chamber shall be obliged to consider such application in the session that, for such purpose, shall be held within eight days from the date of its presentation, and may not deny the affiliation except for non-compliance with the requirements of this Law or for being in the case of Art. 6.
The Chambers of Construction that are organized and whose bylaws are approved by the Executive, shall summon “for affiliation in their registries” the non-affiliated builders, within thirty days following the approval of their bylaws. At the end of this period, and within the next fifteen days, all the members of the Chambers shall be summoned for the purpose of electing the corresponding Board of Directors.