Título III. Gestión habitacional

All housing and human settlement plans, programs and projects prepared, approved or executed by any person, public or private institution, shall conform to the provisions of this Law, other applicable laws and regulations. In the case of municipalities that do not have specific housing planning regulations, they may use the norms and procedures issued by the governing body for that purpose.

All housing developments shall be subject to adequate planning that ensures the sustainable use of their components and a balanced relationship with the natural elements that serve as their support and surroundings. For effective compliance with this article, balanced territorial planning shall be taken into consideration, such as population growth trends, the physical expansion of urbanization and housing development, the limits on the use of the environment as a provider of resources or recipient of waste, and the correction of all factors that deteriorate the environment. Likewise, the planning and provision of basic services and facilities, incorporation of infrastructure, services and community facilities shall be contemplated.

For the preparation of territorial ordering plans, in relation to the housing development referred to in the Municipal Code, and taking into account the protection of natural and cultural resources and disaster prevention, the following shall be observed:

a)The identification of the territorial space with adequate habitability characteristics, with the most suitable land uses, according to the potential of the different areas of the national territory.

b)The nature and characteristics of the different regions of the country, taking into account their multiethnicity, pluriculturality and multilingualism, their identities, values, historical significance, commitments and legacies to future generations.

c)The location of the principal human settlements and planning of urban and rural development that allows building a democratic State at peace, to achieve sustainable development with equity, through a dynamic and broad process of participation and social co-responsibility in the development of proposals, advocacy, verification and evaluation of the effectiveness, efficiency, transparency and probity of public management carried out by the State and the municipalities.

d)The impact of housing dynamics on the urban and rural development of population centers, the role and functions performed by housing in urbanization processes.

e)The planning of the provision of public services, facilities, the road and transportation system.

f)The governability conditions that strengthen the capacity of society to articulate interests, fulfill its commitments and resolve its conflicts to achieve a just integration and harmonious and democratic coexistence. The State, the municipalities and social organizations shall integrate the needs, vision and proposals of society into political decisions and national plans relating to the development of communities, with the purpose that the State and its inhabitants be jointly responsible for the construction of a Nation with equal opportunities and well-being.

The governing entity shall determine the general principles and norms that guide and facilitate territorial planning in relation to housing development at the different regional, departmental and municipal levels, in accordance with the provisions of the Political Constitution of the Republic of Guatemala and the Municipal Code.

Persons interested in developing urbanization or housing projects shall comply with the territorial planning provisions issued by the respective municipality, those contained in this Law, and in other applicable laws and regulations.

The governing entity shall review and promote the necessary amendments to the laws and regulations in force on housing and territorial planning related to housing, services and facilities.

All Guatemalan families have the right to have, securely and with legal certainty, access to decent, adequate and healthy housing, as a universal human right. The governing entity shall ensure that the provision of decent, adequate and healthy housing is carried out efficiently and expeditiously.

Every housing project shall comply with the requirements established in this Law and other laws, as well as those contained in the applicable regulations for design and construction, with special attention to habitability opinions and environmental impact studies.

For the purposes of this Law, access to decent, adequate and healthy housing contemplates the following options:

a)According to physical characteristics:

•Lots with basic services.

•Individual housing, in housing complex, multifamily and others.

•Improvement of existing housing.

•Construction of housing on own lot.

b)According to forms of management:

•Individual.

•Cooperative.

•Housing promoters, developers or builders.

•Other associative groups.

c)According to forms of access to housing:

•In individual ownership.

•In co-ownership.

•In horizontal property.

•In lease with or without option to purchase.

•In usufruct.

•Use and Habitation.

•Family patrimony regime.

The governing body shall ensure, in coordination with the municipalities, that:

a)There is adequate territorial planning for the provision of basic services in residential zones.

b)All new and existing housing projects have the necessary services to meet demand in harmony with the environment, preserving natural resources with a forward-looking vision.

c)Promote financing for the provision and maintenance of basic services,

d)Foster research, monitoring and evaluation of the operation of basic services.

The governing entity, in coordination with the municipalities, shall:

a)Ensure that in housing projects access to the necessary facilities is guaranteed to enable integral human and community development, preserving natural resources with a vision for the future.

b)Ensure faithful compliance with the legislation regarding the areas and facilities necessary for access to the community and social facilities necessary for their integral and sustainable development.

c)Systematically promote research, analysis of the operation of existing facilities, in order to make proposals to obtain better results.

The governing entity, in coordination with the centralized, decentralized and autonomous entities of the State, the municipalities and the legally constituted organizations of civil society and of private initiative, shall ensure that dignified housing is developed that guarantees the quality of life of its occupants.

The governing entity, based on the regulatory model formulated by it for such purpose, shall promote that the competent authorities issue, apply and maintain in force and permanently updated, legal provisions, official standards, building process codes and construction regulations containing the technical requirements that guarantee the structural safety, habitability, efficiency and sustainability of all housing together with its territorial planning, services and facilities. Those localities that do not have the provisions provided for in the preceding paragraph may take the governing entity's model as a reference.

The governing body shall promote, participate in, and follow up on any accord and agreement entered into among the various private, social, and public sectors, whose purpose is the following:

a)To promote the provision and administration of the necessary infrastructure, facilities, and urban services.

b)To finance the adequate sustainable maintenance of housing units and housing developments.

The governing body shall foster participation by the public, social and private sectors in financing schemes aimed at the development and application of eco-techniques and new technologies in housing and sanitation, principally of low cost and high productivity, that comply with certification parameters and comply with the principles of decent and healthy housing. Likewise, it shall promote that such technologies are consistent with social and regional requirements and with the characteristics inherent to the population, establishing mechanisms for research and technological experimentation, in coordination with research institutes and national and foreign universities.

The governing body for housing shall promote the entering into of arrangements and agreements with producers of basic materials for housing construction at preferential prices. Likewise, it shall promote the entering into of agreements for the provision of advisory services and training to purchasers of materials for the proper use of the products with respect to construction systems and architectural prototypes. The foregoing shall be promoted in particular for:

a)Support for emergency housing programs for families affected as a result of disasters.

b)Support for social housing production programs, particularly those for self-production, self-construction, and housing improvement for families living in poverty and extreme poverty.

c)The creation of packages of materials favorable to families living in poverty and extreme poverty.

The governing entity shall promote, in consensus with civil society and the municipalities of the country, with the support of research centers and universities, the use of materials and products that contribute to avoiding any type of environmental contamination, as well as those that foster energy savings, efficient water use, a more comfortable and healthy environment inside the dwelling, in accordance with the climatic characteristics of the region.

The governing housing entity shall support all social production of housing in its various types and modalities, through the development of legal, programmatic, financial, administrative and promotional instruments.

The governing entity shall promote, in coordination with other State agencies, municipalities, international entities, civil society organizations and the private sector, the development of land and housing programs directed at:

a)Self-producers and self-builders, individual or collective, for their different types, modalities and housing needs.

b)Other producers and specialized technical agents, such as private initiative, non-governmental organizations, cooperatives, trade associations and private assistance institutions, among others.

Policies and programs aimed at encouraging and supporting the social production of housing and housing for rural and indigenous communities shall:

a)Recognize and serve rural and indigenous communities, with appropriate technology adapted to their own cultural characteristics, respecting their forms of territorial settlement and favoring building systems consistent with the bioclimatic environmental conditions of the regions, as well as their modes of housing production.

b)Preferentially serve vulnerable, marginalized groups or those in situations of poverty and extreme poverty.

c)Offer support and technical, social, legal, and financial assistance combining savings, credit, and subsidy with the work of the beneficiary families in the different types and modalities of housing.

d)Consider comprehensiveness and progressiveness in addressing housing needs, with a medium- and long-term vision, continuity and complementarity of the comprehensive assistance and of the material or financial support provided to them.

e)Preferentially target women who are the support of the family in promotion and support actions, granting them credit and subsidy support.

f)Address the different legal forms of property and possession of land, whether under individual or collective tenure, in private property or not, adapting the various financial instruments and products for such purpose.

The governing entity, in coordination with other State agencies, municipalities, international entities, civil society organizations and the private sector, shall promote the participation of the benefited families in social housing production programs and projects.

As support for the development of the social production of housing, the governing body for housing shall promote the execution of agreements for training, research and technological development with universities, non-governmental organizations and specialized consultants, among others. In addition, it shall provide support for the education and training of the population for the self-production and self-management of housing.

The actions and resources that the housing governing body allocates for the promotion and encouragement of the social production of housing shall maintain proportionality and equity among the different regions of the country, taking into account different housing types, modalities, and needs, with the aim of obtaining decent housing at the lowest possible cost.

The governing body shall support legally constituted civil society organizations, self-producers and self-builders, producers and specialized technical agents, non-governmental organizations, foundations, trade associations and private assistance institutions, and cooperative housing organizations that are constituted for the purpose of building, acquiring, leasing, improving, maintaining, managing or financing housing, or of producing, obtaining or distributing basic construction materials for their members.