The issuance of National Government Decree No. 1166 on November 4 sparked strong debate in the social housing sector in Colombia. The new standard eliminates the requirement to obtain a building permit in improvement programmes, self-build and on-site construction on one’s own site, allowing in some cases to replace it with a “letter of responsibility” signed by a specialist.
The decision affects a country where nearly five million families face a housing deficit and raises concerns about the fate of more than $12.5 billion in public resources that could be invested in unlicensed projects.
For this reason, Sandra Forero, Bogotá’s councilor and former president of the Colombian Construction Chamber (Camacol), criticized this rule. For her, this measure represents a setback in the regulation of the housing sector. “Decree 1166 is very dangerous, especially in a country where nearly five million families suffer from a housing deficit, both quantitative and qualitative. This rule is terrible.”He mentioned.
According to her, the cancellation of the building permit in improvement and self-construction programs means that compliance with technical standards, such as earthquake resistance, will not be guaranteed through a formal process, but will depend on the certification of a professional. “The only thing that guarantees that standards are met, for example, earthquake resistance, is the building permit. These will remain in the hands of the wrong people, in the hands of regional entities and, above all, they will play with the trust of families,” he warned.
Forero also questioned the management of public resources allocated to social housing. He noted that the government had committed to making 400,000 housing improvements, but so far had only granted subsidies to 50,000. “Imagine there is approximately $31 million per home. Together, It awards more than $12.5 billion to be delivered to projects that do not have a license, projects that may not comply with the standard, and projects that may be in high-risk areas. “Are they really going to use state money for this?” question.
For the council member, this measure increases financial, social and technical risks: “Greater financial risks, because the resources will be used in projects that will not receive a permit. Greater social risks, because families will not have a way to guarantee the compliance of their projects. Greater risks to the lives of families, because they are projects that will not even comply with earthquake resistance standards.”
In response to this controversy, the National College of Urban Curators issued a statement defining the scope of Ordinance No. 1166. According to the union, the standard issued by the Ministry of Housing, City and Territory “It does not eliminate the requirement to obtain building permits for rebuilding in Colombia, as it has been wrongly interpreted in some sectors of the construction industry.”
Accordingly, Decree No. introduces a “Letter of Responsibility”, which is a technical document The license may only be replaced in social and priority housing projects that receive subsidies directly granted by the national government. The alternative applies to methods such as:
- Home improvement.
- Progressive housing.
- Construction on own site.
- Self-construction under the self-management program.
Likewise, the CNCU noted that the measure has not yet been regulated and that the executive has a period of six months to determine implementation. At the same time, certification of compliance with technical and urban planning standards will fall to regional entities, the national government and family compensation funds. The authority stressed that the urban licensing system established by Law No. 388 of 1997 and Decree 1077 of 2015 is still in effect, as well as the public position of urban curators in the municipalities that have adopted this number.
Regarding the limits of the new text, the authority clarified that Decree 1166 does not apply to construction without support, in areas at risk or environmental protection, or to rural housing.
Moreover, he insisted that the “letter of responsibility” does not abolish technical controls, but rather transfers the obligation to certify regulatory compliance to the professionals responsible for designing and implementing the works, who must bear the legal consequences of any non-compliance.
“The role of urban curators remains intact” The National College of Urban Secretaries said when reaffirming its commitment to legal security, proper application of urban planning regulations and protection of human life.
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