Do you want to protect your home? Then this article is very appropriate for you, How to know if a home is officially protected: What should I do? It will guide you through the requirements and steps to complete your process successfully.
What is an officially protected housing
They are also known by the acronym VPO, and refers to those housing constructions, created with the help that the autonomous community has assigned. We achieve this type of housing in housing planning in Spain.
And its purpose is to safeguard the houses from debts, that is to say, that the sale of the same cannot be taken to honor the creditors.
In Argentina, we have the subsidized housing. This figure, like the Spanish one, It has the purpose of protecting the home, by not allowing creditors to collect debts with its sale.
But to make this protection official, the registration of the house must be made in the Real Estate Property Registry.
The scope of the protection begins from that moment, that is, of the debts that are contracted in the future.
In the past, before the implementation of the new Civil and Commercial Code, this protection was known as family property.
How to know if a home is officially protected
The surest way to know that a home is protected is through deeds or property title.
How does the law protect my home?
The greatest protection is that Creditors are not allowed to collect debts with the sale of the home.
This protection is official when the property is registered in the Real Estate Registry. Beginning the protection from that date, debts prior to registration do not enjoy this protection.
What do I have to do for my home to be protected?
In a radical way and in compliance with the Civil and Commercial Code of the Nation, Art. 244. The house will be protected by being registered in the Real Estate Registry.
The procedure can be carried out in the same deed where the purchase of the real estate is recorded.
It can be done by a notary public. Being this the person who authorizes the sale and then protect it, it can also be done before a notary public, or go directly under an administrative procedure before the Real Property Registry.
The option in the Registration is free of charge. And the same facilities are provided by the State in any of the existing local Registries.
To register with the Registry, the following is required:
- That the domain holder(s) present their National Identity Document
- In case of designating a beneficiary, the bond with the owner must be certified with a valid voucher, that is, present birth certificates or marriage certificate.
- If the situation arises, that the current marital status is different from that shown in the title deed, a supporting document must be presented
- Present in original the officially registered domain documents, such as the declaration of heirs, the deed, the adjudication, among others.
All requested documents must be original and copy.
Having to appear to carry out the procedure before the Property Registry, the domain holder(s).
It is important to note that while the protection is in force, It is very likely that the home will not be accepted as collateral for credit procedures.
Steps to follow
To register with the property registry, you must:
- Gather the requested documentation
- The domain holder or holders must appear together. With the complete documents to the Land Registry office and request the procedure.
- Within a period of seven business days, the title deed and the copies presented will be returned, concluding the process.
If the address of the property is in the Federal Capitalthe registration process must be done in the Real Estate Property Registry, located at Av. Belgrano No. 1130. Attention to the public from 8:00 a.m. to 1:00 p.m.
While for homes located in the interior of the country, you can consult in Federal Council of Records
From the website of the Property Registry in the section of Affectation
Preload and online shiftsthere is the option of scheduled shiftsAlthough it is not the beginning of the process, you can save time by going to the registry office just once.
Who benefits from protection
based on Civil and Commercial Code of the Nation, Art. 246., The beneficiaries of housing protection are:
- The owner or domain holder of the property.
- The spouse or partner with whom you live.
- Parents, children, grandparents, grandchildren, as ascending and/or descending relatives.
- Among the collateral relatives within the third degree of consanguinity are the brothers, uncles, cousins, who live with the owner of the house
Who can request protection
Subjects who can request housing protection, in accordance with the Civil and Commercial Code of the Nation, Art. 245:
- The domain owner, owner of the property.
- In a situation of divorce or at the end of the cohabitation relationship, if there are legally incapable beneficiaries such as minor children, the judge who handles the cases.
What if I want to sell the property
The law described in the Civil and Commercial Code of the Nation, Art. 255.to sell the property, the registration of protection must be annulled. Carrying out the respective procedure in the Real Estate Property Registry.
This procedure can be done for reasons other than the sale of the property. Whenever you want.
Do not leave it for tomorrow, protect your heritage and that of your family!