Law on Property (Reforms to Articles 53 and 140 of Decree 82-2004)
Congreso Nacional
- Decree: 150-2010
- Published: June 15, 2004
- Issuing body: Congreso Nacional
- Gazette: 30,428
- Category: Notarial & Registry
Summary
This law reforms the costs for registering properties in Honduras. It establishes a base fee of 200 lempiras plus 1.50 lempiras for each thousand lempiras of property value. It also sets the property transfer tax at 1.5% of the transaction value. It benefits citizens who buy, sell, or register land and homes.
Considerations
Whereas on June 29, 2004, Legislative Decree No. 82-2004, approved by the National Congress on June 15, 2004, was published in the Official Journal "LA GACETA" No. 30,428, which contains the Property Law, whose purpose is to strengthen and grant legal security to property owners and implement a national policy that permits national and foreign investment and access to property by all sectors of society. Its provisions are of public order.
Whereas it is necessary to have an inclusive property system that allows the majority of the population to participate in economic activities, eradicated by the State as a means of contributing to the eradication of the causes of poverty.
Whereas the modernization of property rights systems requires integrating and modernizing the Real Property Registry with the national cadastre and integrating other registries, whose administration allows the Property Institute to make economic and financial provisions to create rapid and effective mechanisms for resolving property disputes for owners of immovable property that without titles are possessed or occupied by the vast majority of Hondurans.
Whereas according to Article 205, numeral 1) of the Constitution of the Republic, it corresponds to the National Congress to create, interpret, reform, and repeal laws.
Articles
To amend Articles 53 and 140 of Decree No. 82-2004 dated June 15, 2004, containing the LAW OF PROPERTY, published in the Official Gazette "LA GACETA" No. 30,428, dated June 29, 2004.
Acts or contracts that must be registered in the different registries, except those expressly indicated in other laws, shall be subject to payment of the following fees: 1) Two Hundred Lempiras (L.200.00) as a fee, registry base, when the act or contract has an undetermined value or when it does not exceed one thousand Lempiras (L.1,000.00); and, 2) When the value exceeds One Thousand Lempiras (L.1,000.00), in addition to the base fee, one and fifty hundredths of a Lempira (L.1.50) per thousand or fraction of a thousand shall be paid. Payments shall be made using the electronic or physical means authorized by the Property Institute (IP).
To amend Article 2 of the Law of the Tax on Transfer of Real Property, contained in Decree No. 76 of April 9, 1957, which shall be read as follows:
The amount of the Tax on Transfer of Real Property shall be one and one-half percent (1.5%) of the value of the transaction. These acts or contracts shall be exempt from payment of contract stamps. The reference value for payment thereof shall be that indicated by the appraisal system recorded in the real property certificate.
This reform is harmonized with that established in Decree No. 17-2010, dated April 22, 2010, which contains "THE LAW FOR STRENGTHENING OF REVENUES, SOCIAL EQUITY AND RATIONALIZATION OF PUBLIC SPENDING", in order to establish what is provided in Article 49 of the aforementioned Law, with the effect of not creating contraventions that alter the spirit thereof.
The provisions of this Decree relating to the fees shall be modified hereinafter by resolution or agreement of the Governing Council on property matters, provided that it deems it necessary, and may make the respective changes in accordance with that established in Article 10, numerals 4) and 12) of the Law of Property.
This Decree shall enter into force as of the day of its publication in the Official Gazette "LA GACETA". Given in the city of Tegucigalpa, municipality of the Central District, in the Hall of Sessions of the National Congress, on the second day of the month of September in the year two thousand ten. JUAN ORLANDO HERNÁNDEZ ALVARADO PRESIDENT RIGOBERTO CHANG CASTILLO SECRETARY JARIET WALDINA PAZ SECRETARY To the Executive Power. Therefore: Let it be executed. Tegucigalpa, M.D.C., September 27, 2010. PORFIRIO LOBIO SOSA PRESIDENT OF THE REPUBLIC THE SECRETARY OF STATE IN THE OFFICES OF GOVERNANCE AND JUSTICE. ÁFRICO MADRID HART
Related laws
- Property Law (Reforms to Articles 75-77-126) — This law allows people who occupy national or fiscal lands for 10 continuous years to receive property titles from the Property Institute. It also declares the regularization of human settlements established before 2010 as a public necessity, exempting these titles from taxes and notary fees, making property ownership more accessible to low-income residents. (Decree 205-2012, 2012)
- Decreto Ejecutivo No. 005-2020 — Autorizar al Instituto de la Propiedad para transferencia de aportación no reembolsable a SAG para Bono Cafetalero (Decree 005-2020, 2020)
- Decreto Ejecutivo mediante el cual se restringen garantías constitucionales y se establecen prohibiciones específicas por emergencia sanitaria
- NzcyNzU5(1) (Decree 11-2020, 2020)
- Executive Decree PCM-019-2020 by means of which the Protocol of Hygiene and Safety for the Prevention of COVID-19 is approved — This decree approves a mandatory hygiene and safety protocol to prevent COVID-19 in Honduras. Employers and workers must comply; symptomatic workers must report and obtain medical evaluation, while social security pays disability from the fourth day. Employers must report positive cases to Health and protect patient privacy. (Decree 266-2013, 2020)