MUNICIPAL LAW No.

055/2014
DECEMBER 23, 2014

REMBERTO GARECA PRADA

MUNICIPAL MAYOR OF THE GOVERNMENT
Municipal Autonomous of Potosí

Since the municipal council has enacted the following law:

THE MUNICIPAL COUNCIL

FROM THE AUTONOMOUS MUNICIPAL GOVERNMENT OF POTOSI
DECREES:

LAW ON THE PRESERVATION OF THE HISTORICAL AREAS OF POTOSÍ

CHAPTER I
GENERAL PROVISIONS
ARTICLE 1 (OBJECT).
I.- This law aims to regulate, standardize the organizational structure and powers of the
entities for the Preservation of Historical Areas of Potosí.
II.- This law establishes the form and conditions for the preservation of spaces and properties.
located within the Historical Areas inside the limits of the municipal jurisdiction of Potosí.
ARTICLE 2 (SCOPE OF APPLICATION).-
Understand the form and conditions of preservation and intervention in all spaces and
properties without exception, that are located within areas of heritage value,
historical, cultural, artistic, archaeological and landscape-environmental, classified in this Law.
ARTICLE 3 (ACTIONS INCLUDED).
I.- The actions covered by this law, in relation to the spaces and properties of the areas
marked and classified, refer both to preservation itself and to conservation works,
consolidación, restauración, rehabilitación, revitalización, puesta en valor, renovación, remodelación,
reconstruction, adaptation to new use, restructuring, liberation, cleaning, replacement and
new construction within them.
II.- It also includes actions related to the urban set and other aspects contemplated.
in the constitutional provisions, and other legal norms related to preservation of the
World, National, and Territorial Artistic Historical Heritage.
ARTICLE 4 (MANDATORY COMPLIANCE).
This Law is mandatory in the classified Historical Areas, whose boundaries
geographical areas are graphically described in the Area Delimitation Plan, which is part of
inseparable from this Law.
ARTICLE 5 (DEFINITIONS).-
Above any other definition for the purposes of a correct application of the standards of the
In the present Law, the following definitions are adopted that will be used in place of any other definition.
and/or interpretation:

1. Adaptation to new use.- It is a concept similar to that of refunctionalization, within the

preservation standards, and respecting cultural historical values, adapts them to the
modern functions.
2. Height.- It is the measure of length taken from the level of the sidewalk to the maximum height.
of the building, whether sloped or flat roof. In the case of buildings on the street with
The measurement will be carried out from the average level of the sidewalk. It is expressed in meters.
linear (m1).
4. Preliminary project.-Scheme or graphic outline in plans, facades, sections, site plan, plant
of covers (perspectives and photography in the case of the Historic Center), plus a scheme of the
construction system.
5. Built area.- It is the sum of the surfaces of the floors of a building. It may
exceed the area of the lot. It is expressed in square meters (m2).
6. Covered area.- It is the surface occupied by the covers, which may exceed the occupied area.
including the area of the lot through eaves, overhangs, balconies or other elements of this type.
It is expressed in square meters (m2).
7. Lot area - It is the surface of the lot or property. It is expressed in square meters (m2).
8. Historical area.- All those living human settlements strongly conditioned by
a physical structure from the past recognized as representative of urban evolution.
9. Free area.-It is the surface that constitutes the balance of the area occupied in a lot. The sum of
The occupied area plus the free area constitutes the area of the lot. It is expressed in square meters.
m2)
10. Occupied area - It is the constructed surface within the lot area and in direct contact with
the surface of it. The occupied area can never exceed the area of the lot, it can be at most
equal to this. It is expressed in square meters (m2).
11. Conservation - Means making minimal interventions in direct contact with the cultural asset.
possible interventions in order to guarantee the prolongation of their life without distorting it
originality, as a document that is transmitted to the future.

12. Consolidation - It is the intervention or work that has already managed to stop the degradation process.
in any of its instances and ensures the preservation of the real estate in the future.
13. New integration construction.- It is the new architectural proposal for construction that
ideally represents the architecture of the present and at the same time harmonizes integrally
with the works of the past.
14. Co-ownership.- It is the common right in part or private in another, resulting from corresponding
the same property to different owners.
15. Division.- It is the legal action of subdividing land and/or buildings, carried out by the
owner. In historical areas, it is subject to the limitations prescribed in this Law.
16. Administrative building.- It is the architectural unit exclusively used for administrative purposes and
offices.
17. Commercial building.- It is the architectural unit exclusively used for exchange.
commercial products and services.
18. Mixed-use building.-It is the architectural unit of combined or mixed use for
different functions.
19. Industrial building.- It is the architectural unit exclusively used for industrial purposes in its phases of
manufacturing, transformation, and extractive.

20. Residential building.-It is the architectural unit exclusively for residential use or of
housing.
21. Building and/or space for education, health, and recreation.-It is the architectural unit for use.
exclusive to education, health, recreation (active, passive) and worship.

22. Utilization index.- It is the percentage quotient resulting from the built area with
relation to the area of the lot. It is expressed with the following formula:

constructed m2
I.A. = -------------------------
M2 lot
23. Occupancy rate.- It is the percentage quotient resulting from the occupied area in relation to
lot area. It is expressed with the following formula:
 M2 lot
24. Property or building.- Original architectural and legal unit that may have suffered or not.
transformations, with the passage of time, that belong to one or more owners and that
it hosts one or more functions.
25. Integration.-It is the creation of a representative work of the present moment with total
authenticity that also harmonizes with the works of the past.
26. Intervention - It is the physical action that, in any of its degrees, establishes direct contact with
a real estate property. It can be used as a synonym for work.
27. Liberation.- It is the elimination of all those elements that, without great social cost
economical, they can be removed to regain the original space and shape.
28. Boundary.- Legal reference, physical or not, that separates properties and identifies ownership limits.

29. Line and Level.- Quantitative reference or reference measurements of the location of a
building or structure based on the urban layout expressed in linear levels and height. For
the case of the Historic Center is the ratification of the lines and levels established by the
historic urban layout.
30. Lot.- Property, parcel. Free or built space with defined ownership and boundaries.
31. Subdivision.- Parceling or division of a free area into lots or parcels.
32. Monument.- A work of urbanism, architecture, sculpture significant for its size or
magnificence.
33. Intentions plan.- It is the intervention scheme that is prepared before a restoration.
Knowing that in the exploration there will be elements that require significant changes
course. It serves as a guide to initiate the intervention.

34. Preservation.- It encompasses all actions for the safeguarding of the historical and cultural heritage.
At the same time, it has a practical definition in the fact of safeguarding historical assets.
cultural, through laws, regulations, decrees, ordinances, etc. Included in this
definition of preservation acts resulting from popular and original tradition that safeguards
his heritage without the need for formally established elements.
35. Enhancement.- It is the concept by which the preservation of heritage is conditioned.
cultural to tourism development.
36. Recycling.-It is a term of modern architecture that is synonymous with renewal and
the revitalization.
37. Reconstruction.-It is the intervention that seeks to replace what has been lost. It can be practiced in cases
specials necessarily documenting the moment of their performance.
38. Restructuring.-It is the action of replacing a completely worn out and irretrievable structure.
for a new one that can even be of new technology as long as it is compatible
with the original structures that are preserved and do not distort the property in its
set.
39. Refunctionalization.- It is a concept that, considering the issues of heritage
historical, try to directly give a new function to the well-built.
40. Rehabilitation.- It is the real and effective search for the preservation of heritage in consensus and
with the participation of the population that holds it.
41. Remodeling - It is the action of changing the original shapes or arrangements of an asset.
property for new proposals. In the case of heritage real estate, the
remodeling should not distort, nor substitute, nor replace the intrinsic values of
same.
42. Renewal.- It is the intention that openly seeks to rescue, and/or simply
make use of the real estate heritage while respecting preservation conditions.
43. Restoration.- It is the utmost intervention to return the pristine image not only formally but also
44. Revitalization.- It is a term used by certain Restoration schools as a synonym
of novation.
45. Replacement.- It is the replacement of part or the total of a construction. This can only be
allowed when it does not involve part or the whole of a heritage, historical cultural asset.
46. Historical urban layout.- It is the formation of roads, civil works, buildings that are
they are found in the historical areas.

CHAPTER II
INSTITUTIONAL ORGANIZATION
ARTICLE 6 (OF THE INSTITUCIONAL ORGANIZATION).
For the knowledge and respective resolution of actions for the preservation of spaces and properties in
the Historical Areas establishes and recognizes the following institutional organization:
a) City Council
b) Municipal Executive through the Decentralized Unit of Historical Heritage of
Autonomous Municipal Government of Potosí.

ARTICLE 7 (MUNICIPAL COUNCIL).

The Municipal Council of the Autonomous Municipal Government of Potosí within the framework of its powers.
constitutional, is the Legislative Body, Overseer of projects, programs, plans and others
technical administrative and legal facts or acts.
ARTICLE 8 (POWERS OF THE MUNICIPAL COUNCIL).-
1. To know and exceptionally resolve the hierarchical appeal at the last instance, when the
The Municipal Mayor resolves the Appeal for Revocation.
2. Other attributions that are indicated in this Law.
ARTICLE 9 (MUNICIPAL EXECUTIVE - DECENTRALIZED ASSET UNIT
HISTORICAL).
I. In order to improve the technical-administrative management of service provision of
Autonomous Municipal Government of Potosí, the Decentralized Heritage Unit is created.
History of the Autonomous Municipal Government of Potosí, under the direct dependency of the Mayor
Municipal, for its operation, it will have specific regulations approved by
the corresponding instance.
II. The Decentralized Unit of Historical Heritage of the Autonomous Municipal Government of
Potosí is the technical-executive Municipal Body responsible for directing, coordinating, and executing
planes, programs, policies established in the Municipal Development Plan, plans
departmental and national efforts aimed at the Preservation of Historical and Cultural Areas
from Potosí.
ARTICLE 10 (POWERS).-
The Decentralized Unit for Historical Heritage of the Autonomous Municipal Government of Potosí,
has the following attributions:
Direct, coordinate and execute policies, plans, programs, protection projects,
preservation, conservation, restoration, defense, advocacy, safeguarding of historical areas
cultural, materials from the Municipality of Potosí. Establishing the form and conditions of the
preservation of the spaces and properties located within the Historical Areas inside the
limits of the municipal jurisdiction of Potosí, protecting the built tangible area (Area of the center
historical and the Urban Environmental Landscape Preservation Area), the other areas included in
the Law (The Rich Mountain of Potosí, Lagoons of the Kári Kári mountain range, etc.) in coordination with
governmental and judicial instances.
2. Approve, authorize, reject land and/or building division requests,
urban developments, subdivisions, changes of use, consolidation and restoration works, works of
3. To know and resolve complaints from individuals and legal entities regarding constructions,
buildings, demolitions, and others in areas classified as historical heritage.
4. Demand compliance with standards in urban landscape interventions, standards
of land division, building intervention regulations, division regulations of the
buildings, rules of condominium regime and rules of ruin of the buildings.
5. Carry out the necessary studies for the preservation of the historical areas of the city.
Potosí.
6. Submit for knowledge and consideration of the Committee for the Preservation of Historical Areas and
Cultural cases of the city of Potosí that are extremely controversial and special
pronouncement.
7. Coordinate and agree with public, private, national, and international institutions.
purposes with architectural, historical, and cultural activity within the framework of their competencies.

8. Update, maintain, classify, record, catalog the tangible cultural heritage and
immaterial of the Municipality of Potosí.

9. Carry out the investigation, restoration, reclamation, dissemination, defense, and safeguarding of
historical, material and immaterial cultural heritage of the Municipality of Potosí.

10. Review, approve, or reject requests for any type of urban intervention.
architectural and artistic to be carried out in areas classified as historical areas of Potosí.
11. Review, approve or reject project proposals through Administrative Resolution
properly substantiated.
12. Ordinarily inform and when appropriate extraordinarily in meeting to the
Committee of Historical and Cultural Areas of Potosí on all actions and decisions that have been
adopted within the framework of its functions and powers.
13. Recommend to the relevant instances, on any topic that is related and is in
benefit of the preservation and conservation of tangible and intangible heritage found
in the areas classified as Historical Heritage.
14. Know and resolve the appeal for Revocation presented by the interested property owners in
against the Technical Administrative Resolutions.
15. Submit the Hierarchical Appeal presented by the owners within the deadline and term.
interested parties against the Administrative Technical Resolutions that resolved the Resource
Revocation, together with all the relevant documentation of the case to the Municipal Executive for
that this in turn be referred to the Municipal Council.

16. Other powers that would be assigned by this Law.

ARTICLE 11 (STRUCTURE AND ORGANIZATION OF THE DECENTRALIZED UNIT
OF HISTORICAL HERITAGE.-
I. The Decentralized Unit of Historical Heritage of the G.A.M. of Potosí will be formed
by a Direction, management, technical area, Legal area according to the operational needs
of the same.
II. The Director will be appointed by the Municipal Mayor through a Municipal Decree.
The designation will be made known to the Municipal Council.
III. For its operation, the Decentralized Unit of Historic Heritage will be regulated.
through regulations, job manuals and others, which will be developed by the Management of the
same, subject to approval by the corresponding authority.
ARTICLE 12 (REGULATIONS FROM THE DECENTRALIZED UNIT OF
HISTORICAL HERITAGE).-
The Directorate of the Decentralized Unit of Historical Heritage will present to the Executive.
The municipal regulations for its operation, within a period of ninety (90) days,
for your review and corresponding approval, computable from the promulgation
 COMMITTEE FOR THE DEFENSE OF HISTORICAL AND CULTURAL AREAS OF THE MUNICIPALITY
FROM POTOSI
ARTICLE 13 (COMMITTEE FOR THE DEFENSE OF THE PRESERVATION OF HISTORICAL AREAS AND
CULTURAL OF THE MUNICIPALITY OF POTOSÍ.
At the supra and multi-institutional level of consultation and legal technical advice, there is the Committee of
Defense of the Preservation of the Historical and Cultural Areas of Potosí, composed of
personal and non-delegable representation of the institutions that make it up.
ARTICLE 14 (STRUCTURE AND REPRESENTATION OF THE INSTITUTIONS THAT
THE COMMITTEE FOR THE DEFENSE OF THE PRESERVATION OF AREAS
HISTORICAL AND CULTURAL OF POTOSÍ.-
The Committee for the Defense of the Preservation of Historical and Cultural Areas of Potosí will have the
next representation and formation:
INSTITUTION REPRESENTATIVE CARGO
Rector of the Autonomous University Tomás Frías President
President of the Municipal Council Vice President 1
Bishop of the Diocese of Potosí Vice President 2
Director of the Decentralized Unit of Historical Heritage Secretary
Governor, Autonomous Departmental Government of Potosí Vocal
Mayor, Autonomous Municipal Government of Potosí Vocal
Cultural Commission of the Departmental Assembly Vocal
President, Superior Court of Justice of Potosí. Vocal
President of the Commission on Culture, Tourism and Preservation
Historical Areas of the Municipal Council of Potosí
President of the Council of Cultures of the Department Vocal
President of the Potosinista Civic Committee Vocal
President of the Geographic and Historical Society of Potosí Vocal
President of the College of Architects of Potosí Vocal
President of the Illustrious Bar Association of Potosí Vocal
President of the Society of Engineers of Potosí Vocal
Other Institutions related to Historical Heritage. Vocal

ARTICLE 15 (SUBSTITUTION).
In case of impediment of any of the full members of the Defense Committee of the
Preservation of the Historical and Cultural Areas of Potosí, the substitute representatives will be
designated by the respective institution, in accordance with the internal regulations and procedures of each
one of them.
ARTICLE 16 (POWERS OF THE PRESERVATION DEFENSE COMMITTEE)
THE HISTORICAL AND CULTURAL AREAS OF POTOSÍ).
Uncompromising defense of the preservation of the Historical and Cultural Areas of Potosí.
2. Evaluate, analyze, suggest on classification, inventory, registration, cataloging, rescue,
protección, investigación, restauración, difusión, defensa, reivindicación, propiedad, gestión,
process of declarations, preservation, and safeguarding of historical and cultural material area and
immaterial of the Municipality of Potosí.

3. Represent before the highest executive authority of the G.A.M. Potosí, the acts and resolutions of
Director of the Decentralized Unit of Historical Heritage of Potosí, contrary to the
Political Constitution of the State and current regulations.

4. Ensure the comprehensive management of Preservation Areas, classification, inventory, registration,

catalogación, rescate, protección, investigación, restauración, difusión, defensa, reivindicación,
property, management, declaration processes, conservation and safeguarding
5. Propose legal provisions regarding the cultural and historical heritage of the Municipality of
Potosí, according to the powers of the Autonomous Municipal Government of Potosí.
 defensa, reivindicación, propiedad, gestión, proceso de declaratorias, conservación y salvaguardia
of cultural and historical heritage of the Municipality of Potosí.

7. Promote plans, programs, projects that will promote, guarantee protection, defense and
safeguarding the cultural, historical, material and immaterial heritage of the Municipality of Potosí.

8. Address cases that the Decentralized Unit of Historical Heritage of Potosí presents to it.
knowledge and consideration, through the corresponding Resolution.
9. Others assigned to it by this Law.
ARTICLE 17 (QUORUM AND DECISIONS).-
I. The Committee for the Defense of the Preservation of Historical and Cultural Areas of Potosí
will validly convene with the attendance of all its members and in the absence of some, with the
fifty percent (50%) plus one of its members, upon the call of its President, with
five (5) days in advance.
II. The decisions made by the Committee will be based on the principle of concertation and
consensus, however, if these principles cannot be met, their recommendations and
considerations will be taken into account and will be brought to the knowledge of the highest authority
executive of the Autonomous Municipal Government of Potosí and the Decentralized Heritage Unit
Historical.
III. The Committee for the Defense of the Preservation of Historical and Cultural Areas of Potosí, is
It will meet regularly every two months and extraordinarily when necessary and required.
CHAPTER IV
CLASSIFICATION OF HISTORICAL AREAS
ARTICLE 18 (CLASSIFICATION OF HISTORICAL AREAS).-
For the purposes of applying the provisions of this Law, historical areas are classified
in the following way:
1. Historic Center Area
2. Urban Environmental Landscape Preservation Area
3. Area of the riverside of the sugar mills

4. Monumental area of the Cerro Rico of Potosí

5. Area of the lagoons of the Kari Kari Mountain Range
6. Cantumarca Area
7. Area of the Laguna and the Ingenios of Tarapaya.
8. Area with Architectural and Cultural Heritage, listed in the rural area of the Municipality of
Potosí.
9. Others that can be declared as historical heritage in the municipal jurisdiction of
Potosí
ARTICLE 19 (HISTORICAL CENTER AREA).
The Historic Center Area is a space resulting from the historical past defined by a polygon.
closed that runs along the axes of the tracks according to the route, described in the cataloging plan
that is held, where there is a concentration of monuments, buildings, houses, streets, squares, small squares,
temples, museums, and others that have colonial character and historical value.

This area is subdivided into Intensive Preservation Zone and Extensive Preservation Zone.
considering that the Intensive zone includes the area and/or zone adjacent and surrounding the Plaza of
Armas November 10 and the extensive area includes the rest of the Preservation zone.
ARTICLE 20 (URBAN ENVIRONMENTAL LANDSCAPE PRESERVATION AREA).
physical structure resulting from the urban evolution after the formation of the Historic Center. The
The preservation level is aimed at the protection of the urban image as a whole.
ARTICLE 21 (AREA OF THE RIVERBANK OF THE SUGAR MILLS).

The Ribera de los Ingenios Area includes the industrial settlements for mineral processing.
with archaeological importance and/or current relevance; includes the course of the Ribera River from the
lagoons of San Sebastián and San Idelfonso up to the Municipal Jurisdiction of Potosí, including the
safety spaces according to the delimitation plan of the inventory of mining mills of the
Banks of Our Lord of the Vera Cruz of the City of Potosí.
ARTICLE 22 (MONUMENTAL AREA OF THE RICHE HILL OF POTOSÍ).
The monumental area of Cerro de Potosí includes the Cerro Rico de Potosí, starting from the summit.
in its current configuration down to the base, also including the smaller mountain Huayna Potosí, the
Miners' Chapel, the ancient mine shafts, the King's Shaft, and all the external signs it left.
mining, in accordance with what is prescribed and declared in Law No. 1197 of November 9, 1990.
It includes the buffer zone whose perimeter encloses an area of 1,766.625 hectares.
ARTICLE 23 (AREA OF THE LAGOONS OF THE KARI KARI MOUNTAINS).-
The Area of the lagoons of the KariKari Mountain Range includes all the existing lagoons along the way.
from the western slope of the KariKari mountain range, with all its component elements and the
interconnection aqueducts between the various lagoons built during the colonial era.
ARTICLE 24 (CANTUMARCA AREA).-
The Cantumarca Area includes the settlement of the Cantumarca Village, predating the
colony and all the surrounding remnants.
ARTICLE 25 (AREA OF THE LAGUNA AND THE TARAPAYA SUGAR MILLS).-
The Area of the lagoon and the Sugar Mills of Tarapaya includes the Lagoon and its surrounding area and a
100 meters radius from the shore, plus the ruins and other vestiges of the ancient sugar mills
surrounding.
ARTICLE 26 (AREA WITH CATALOGUED HERITAGE IN THE RURAL AREA OF
MUNICIPALITY OF POTOSÍ
It encompasses all the sites in the rural area of the Municipality of Potosí, where heritage is found.
Historical and Cultural, prior incorporation of the goods into the Historical Heritage catalog of
Municipality, according to the Regulation of Registration, Inventory, and Cataloging of Heritage of
Autonomous Municipal Government of Potosí.

CHAPTER V
CATEGORIZATION OF BUILDINGS
ARTICLE 27 (CATEGORIES OF REAL ESTATE).-
For the purposes of preservation set forth in this Law, the following categories are defined.
of the properties:
a) Category A.
It corresponds to buildings that present architectural, artistic, archaeological and/or
monumental historical sites, regardless of their state of preservation, social function, and type of
Property. Inclusively, all buildings are included in this category.
declared as national monuments.
b) Category B
It corresponds to all the historically valuable buildings of original residential use that are maintained.
in comprehensive conditions.
c) Category C
It corresponds to the buildings that present a typology of historical value preserved only.
It corresponds to the buildings originally of historical value that present a large number of
irreversible transformations.
e) Category E
It corresponds to definitively modern buildings, whose volume does not affect the
context of the area.
f) Category F
It corresponds to modern constructions whose volumetry is discordant with the context of the area.
g) Category G
It corresponds to undeveloped lots.
And properties constructed without original representative elements
Category H
It corresponds to the buildings without historical value that have been placed in originally
free without construction.
ARTICLE 28 (ASSIGNMENT OF CATEGORIES TO REAL ESTATES).-
The assignment of the corresponding category for each of the buildings is established in the
documentation for the Cataloging of the buildings in the historical and cultural areas of Potosí, which is
part of this Law.
ARTICLE 29 (NON-CATEGORIZED OR NON-CATALOGED REAL ESTATE).-
In principle, it is understood that all buildings not classified by the aforementioned cataloging are
included in category F. However, the Decentralized Unit of Heritage
Historical or any natural or legal person may request the incorporation of a property not
cataloged.
CHAPTER VI
URBAN - LANDSCAPE INTERVENTIONS
ARTICLE 30 (INTERVENTIONS OF URBAN - LANDSCAPE ORDER).
Urban-landscape interventions refer to those that affect the urban ensemble.
in its entirety, to parts of it and/or to the non-built spaces that are part of the heritage
Urban planning of the city. This chapter does not apply to specific buildings.
ARTICLE 31 (EXCEPTIONS).
I.- Except in cases where the specific provisions for the Historical Areas described apply.
In this Law, the regular urban planning regulations and the urbanization regulations will apply.
current.
II.-Except for the parcel divisions authorized by this Law, it is not allowed.
no type of urbanization work that affects all or part of the formation of the spatial structure
existing traditional.
III.- Only specific actions will be allowed according to the following details:
1. In the Historic Center area:
a. Liberation of currently occupied and previously free spaces in order to recover
its original characteristics.
b. Modification of the existing free spaces in order to recover their originals.
characteristics and/or adapt it to the characteristics of its environment.

c. Installation of urban public utility service conduits that do not affect the
existing urban conformation.
b. Urban works that do not affect the image of the urban ensemble and/or the views towards the Center.
Historical and towards the Cerro Rico.

3. In the Area of the River of the Ingenios:

a. In the section that crosses the Historic Center Area, the same considerations apply.
described for that area.
b. In the sections outside the Historic Center Area, actions are allowed that, without distorting
the characteristics of the space contribute to the improvement of the urban ensemble and the standard of living of
the surrounding population. These works must consider the preservation of archaeological wealth
existing.
c. The execution of infrastructure works that involve is expressly prohibited
the spatial modification of the river course, its enclosure or the incorporation of elements that
they distort their original characteristics. The Riverbank Rehabilitation Project prepared
the Rehabilitation Plan for the Historical Areas of Potosí will serve as a reference framework for
all work to be executed in coordination with the Technical Secretariat of the Autonomous Municipal Government
from Potosí.
4. In the Monumental Area of Cerro Rico de Potosí, in the Area of the Lakes of the Mountain Range of
Kari-Kari and in the Area of the Lagoon and the Sugar Mills of Tarapaya:

a. Road works, equipment, and infrastructure that do not distort the characteristics
spatial elements of the area, facilitate access to historically valuable elements and/or highlight them
characteristics.
b. The execution of works that modify the structure is specifically prohibited.
monumental in the area or alter their original characteristics, in compliance with the law of the 9 of
November and other legal provisions in force.
5. In the Cantumarca Area:
a. The works described for the Historic Center Area.
b. Urban and architectural works that do not affect the image of the urban ensemble.
6. In the area with architectural and cultural heritage, cataloged, located in the rural area of
Municipality of Potosí:
a. The works described for the Historic Center Area.
b. Architectural works that do not affect the image of the ensemble with historical value.

ARTICLE 32 (PROHIBITIONS).-
In general, uses incompatible with the characteristics of Historical Areas are prohibited.
that harm the conservation of them as a whole. Are specifically prohibited
the industrial uses of manufacturing and transformation of raw materials. The exceptions are
installations of the mineral processing plants already established in the Riverbank Area of the
Ingenios, Cantumarca and Tarapaya, as long as no installations are made aimed at accentuating the
current industrial uses.
ARTICLE 33 (PROHIBITIONS OF OCCUPATION IN STREETS AND OPEN SPACES IN
HISTORICAL AREAS.-
I.- The occupation of the roads and open spaces in the Historical Areas is not allowed for activities.
for commercial type or other use that is not for circulation, recreation and community. Eventually
A minimum temporary occupancy will be allowed in activities related to cultural expressions.
of the population, as long as they do not affect the monumental characteristics of the surroundings.

II.- The roads and open spaces occupied with unauthorized activities that have been established
before the application of this Law, they will be gradually released based on the plans that for
the effect establishes the Unconcentrated Unit of Historical Heritage in coordination with the
competent municipal authority.
CHAPTER VI
ARTICLE 34 (DIVISION OF LAND)
No physical division is allowed on land with buildings included in the
categories A, B, and C. Physical divisions will also not be allowed in the Monumental Area of Cerro Rico.
of Potosí, Area of the Lakes of the KariKari Mountain Range and Area of the Lagoon and the Ingenios
Tarapaya. The divisions in the Cantumarca Area will be subject to a comprehensive preservation study.
that it takes place, and in the absence of this, to the determinations that the Unit adopts for each case
deconcentrated from Historical Heritage.
The divisions of strictly legal nature will conform to the provisions of this law.
ARTICLE 35 (DIVISION OF LAND WITH BUILDINGS)
In the areas with buildings classified in categories A, B, and C that contain divisions
physical properties consolidated prior to legal prohibitions or whose prohibitions have expired
Whenever possible, the replacement of existing boundary walls with non...
discordant with the characteristics of the building. Under no circumstances will it be allowed to continue,
increase or consolidate the existing physical divisions.
ARTICLE 36 (DIVISION OF LAND WITH BUILDINGS CATEGORY D)
In the land with buildings classified in category D (buildings originally of value
historical, which present a large number of irreversible transformations), only
physical divisions that do not alter the existing elements to be maintained and that fit within the
prescriptions of the established regular urban regulations.
ARTICLE 37 (DIVISION IN UNBUILT LAND AND IN CATEGORIES E, F, H
e I)
The undeveloped land or buildings classified in categories E, F, H, and I; will be adjusted
to the prescriptions of the established regular urban planning regulations.
CHAPTER VII
BUILDING INTERVENTIONS
ARTICLE 38 (BUILDING INTERVENTIONS)
Any building action that involves conservation, consolidation, restoration, rehabilitation,
revitalization, enhancement, recycling, renewal, remodeling, reconstruction, adaptation to
new use, restructuring, release, cleaning, replacement, new construction and, in general, everything
action that in some way alters, even superficially, the structure of the buildings within
from the Historical Areas, will be subject without exception to the provisions of this Law
ARTICLE 39 (GENERAL APPLICATION).
The determinations specified in this chapter apply with the same effect to all
building components, whether exterior or interior, structural or surface.
ARTICLE 40 (CATEGORIES OR DEGREES OF PROTECTION).-
For the preservation of the buildings located within the Historic Areas, the following are established
the following categories or grades of protection:
translatedText
ABSOLUTE PROTECTION:
Absolute protection refers to actions aimed at the comprehensive maintenance of the
historical and cultural values of the building.
Corresponds to those monuments of high historical, architectural, archaeological value; that
They deserve total respect and protection for their architectural and/or urban significance.
b) PARTIAL PROTECTION:
Partial protection refers to actions aimed at maintaining the elements of
the buildings considered of historical and/or cultural value or the recovery of such value.
It corresponds to the monuments and buildings that present a typology of historical value.
Environmental protection refers to actions aimed at maintaining the structure
urban original, to the protection of the urban image in order to preserve the monumental set.
Corresponds to ancient buildings with irreversible alterations, modern buildings and
undeveloped spaces.
d) WITHOUT PROTECTION (NULL VALUE):
They correspond to those buildings without architectural, cultural, historical, or environmental value. They are
also applies to provisional buildings, modern and integrated buildings, buildings
discordant, unstructured free areas and buildings that distort the typology or mutilate the
set.
The permitted building actions shall be those prescribed in this Law for the category that
respond to each particular case in accordance with the Cataloging of Buildings in the Areas
Historical and, in the absence of this, to the categorization defined by the Decentralized Unit of
Historical Heritage, dependent on the Autonomous Municipal Government of Potosí.
ARTICLE 41 (LEVELS OF ACTION IN BUILDINGS TO BE PRESERVED).-
The following levels of action are established for the buildings to be preserved, the same that are
will apply according to the provisions of this Law, for each category of building:
1. CONSERVATION:
It is the action to maintain or care for the presence of certain buildings that due to their characteristics
urban, architectural, historical or functional are part of the built heritage of the community.
It also applies to elements of heritage value that are part of buildings that are not
integrally preserved, this category includes two levels of action:
a.- Consolidation.-
Carrying out necessary works to ensure the stability of the building or its parts.
preserve, as long as they do not involve alterations to the original structures.
b.- Restoration.-
It is the action of carrying out recovery works on the building in its entire formal and structural unit.
together with the works aimed at preserving their characteristics, the restoration of parts
altered and removal of degrading additions. It also applies to the recovery of parts of
buildings and/or elements of heritage value that must be specifically preserved.
2. REHABILITATION:
It is the action of recovering the constituent elements of a building of historical value that
for various circumstances has ceased to fulfill its function. It applies both to the recovery of the
original spaces as well as their repurposing.
3. SUBSTITUTION:
It is the action of replacing elements or parts of a building that are in poor condition.
can be replaced without this intervention implying modifications in the typologies
heritage.
4. REMOVAL:
It is the action of removing additions or parts of the building that are in a poor location or in bad condition.
reduce the habitability of buildings or distort their original characteristics. It applies
equally to the partial or total demolition of the buildings when the provisions of this
law allow and/or require it.
5. INTEGRATION:
It is the action of adapting buildings or discordant elements that lack heritage value, to
the typological characteristics of the area. It may involve the removal, replacement, and/or addition of
parts in accordance with the provisions of this Law.
6. NEW BUILDING:
It is the action of building on lots or plots where no construction exists or has ever existed. It is applied
also to the buildings to be placed on lots freed from discordant buildings or
eliminated for just cause. It must be constituted by fundamental characteristics of
respect for the environment or urban environment.

ARTICLE 42 (ALLOWED ACTION LEVELS FOR BUILDINGS).-

The permitted levels of action for the different categories of buildings are as follows:
1. CATEGORY A (monuments):
Only the comprehensive preservation of the building is allowed by means of consolidation methods and/or
restoration. The conservation and consolidation of the evidence and elements must be ensured.
EXISTING ORIGINALS.
2. CATEGORY B (residential use buildings):
Conservation is allowed through consolidation and restoration methods. Additionally, it is allowed
rehabilitation recovering original spaces or refunctionalizing them without affecting the structure
general of the building nor its spatial integrity. All elements must be preserved
original typologies existing, which must be intervened through the methods of
the restoration.
3. CATEGORY C (partially preserved buildings):
In the parts that retain the original characteristics without irreversible alterations, the following applies.
designated for category B. The removal of aggregates and the remodeling or new will be allowed
construction in the irreversibly altered parts, but following the general pattern of
spatial and typological ordering.
4. CATEGORY D (Irreversibly transformed buildings):
The intervention in this category will be the rehabilitation of spaces and repurposing of the
the same. Demolition and new construction are permitted following spatial principles and
typological building forms of the area and the regulations established by this Law for constructions
new.
5. CATEGORY E (Modern buildings):
The mandatory intervention will be the integration of exteriors. Additionally, all are allowed.
necessary actions for rehabilitation and repurposing.
6. CATEGORY F (Incongruous modern buildings):
The mandatory intervention is the volumetric integration with the surrounding urban environment, whether
through interventions in existing buildings or their removal to construct
other new ones.
7. CATEGORY G (Vacant lots):
The mandatory intervention is the construction of new buildings carried out under the criteria of
spatial integration, with the urban set in a maximum time of two calendar years of the
citation from the Autonomous Municipal Government of Potosí to the owner of the lot, whether directly or by
Municipal Certificate.

8. CATEGORY H (Buildings in originally open spaces):

The mandatory intervention will be demolition in order to recover the original spaces.
ARTICLE 43 (MANDATORY MAINTENANCE BY OWNERS).
It is mandatory for owners to maintain the buildings ensuring their safety and
its hygienic and aesthetic conditions. The owners will carry out maintenance work on
function to the prescriptions of this Law every two years.
ARTICLE 44 (OUTER AND INNER ALIGNMENTS).-
The following criteria will be adopted for the exterior and interior alignments:
Based on the catalog sheets, adherence to these alignments will be absolute, no
type of construction outside the official alignment to not alter the perception of the buildings and
the monumental urban environment.

b) Environmental protection.
In this case, respect and the non-modification of the historical urban ensemble are imposed.

ARTICLE 45 (HEIGHT OF BUILDINGS).-

The height of the buildings will be governed by the following criterion:

a) Absolute protection and partial protection.

No modifications to the existing heights are allowed as respect is fundamental.
at such heights to not alter the perception of the monumental set
b) Environmental protection.
In this case, they must necessarily comply with the heights corresponding to the urban complex in
relationship with Historical Areas.
In the case of new buildings, an image and urban ensemble study will be necessary, to
formulate alternatives in coherence with the Historical Areas.
In the case of transformed buildings that retain their façade, it must continue to be preserved.
its height.
In the case of non-registered buildings, it is necessary to evaluate and carry out their registration.
to ensure proper management, conservation, and protection of the Historical Areas.
CHAPTER VIII
INTERVENTIONS AND WORKS
ARTICLE 46 (OF INTERVENTIONS AND WORKS)
Within the Historic Center Area, the following interventions and works are established.
1. Category A and National Monuments.
It corresponds to buildings that have architectural, artistic, archaeological and
monumental historical sites, regardless of their state of preservation, social function, and type of
property.
They can only be intervened with restoration methods that guarantee preservation and
consolidation of the existing evidence and original elements.
In cases of buildings with no current use or with a different use from the original already established, it may be applied
the refunctionalization of category 'D'.
2. Category B.
It corresponds to all historical buildings of original residential use that are maintained in
comprehensive conditions.
Type of admissible intervention: conservation and refunctionalization.
All existing original typological elements will be preserved, which must be
intervened through the methods of restoration. As a realization of contemporary character
only the following will be allowed inside the ancient spaces:
a. Installation of sanitary and kitchen units.
b. Light partitions.
c. Opening of interior doors.
d. Opening of openings for lighting and ventilation in the ceilings (the last two only in the
measure of what is necessary.
3. Category C.
It corresponds to buildings that present a typology of historical value preserved only
partially, due to the alterations suffered.
Type of admissible intervention: conservation with partial link.
The parts recognizable as belonging to the original structure will receive the indicated treatment.
for category B.
The demolition of the additions and the remodeling or new construction of the parts will be permitted.
irreversibly altered, but following the general pattern of spatial and typological arrangement
for which exterior integration tests will be required.
4. Category D.
Corresponds to the buildings that present a large number of irreversible transformations for
place them in the previous categories.
Recommended type of intervention: remodeling.
Demolition and new construction will be allowed.
The new constructions must follow the typological principles of spatial building in the area.
and the rules defined in this new construction, remodeling, and expansion Law.
5. Category E.
It corresponds to the existing definitely modern buildings whose volume does not affect the
context of the area.
Type of mandatory intervention: outdoor integration.
6. Category F.
It corresponds to modern constructions whose volume is discordant with the context of the area.
Type of mandatory intervention: volumetric integration.
7. Category G.
It corresponds to vacant lots.
Type of new construction intervention as long as there is evidence that it originally existed
construction.
8. Category H.
It corresponds to the buildings without historical value that have been placed in originally designated spaces.
free.
Type of mandatory intervention: demolition without new construction.
ARTICLE 47 (RESTORATIONS).-
The buildings of historical and cultural interest, designated as such by current legal provisions.
and those indicated within categories A, B, and C must adhere to the restoration regulations described
next and according to what is established in the International Charter for Conservation and Restoration of
Monuments of Venice.
ARTICLE 48 (ORIGINAL MAINTENANCE SPACES).
The original spaces must be kept unchanged, allowing only those
essential modifications for its refunctionalization in accordance with regulations.
ARTICLE 49 (MEZZANINES).
Mezzanines will be allowed, as long as the height of the spaces permits it and does not cover more than 30%.
of the environment.
For structural consolidation, the use of modern conservation techniques will be allowed and
construction whose effectiveness can be guaranteed when traditional techniques prove to be
inadequate.
ARTICLE 51 (MATERIALS TO BE USED FOR RESTORATIONS).
The materials to be used in the restoration process must be traditional types such as: lime,
sand, clay, straw, ceramic tiles, leather, logs, framework of sticks or reeds, brick, stucco, stone
Adobe and other commonly used materials; which must bear signs of their placement in our time.
ARTICLE 52 (ORIGINAL WALLS THAT ARE NOT ALLOWED TO BE CHANGED).
The original walls will not be allowed to be replaced by other walls, and in the case of deterioration, they must be
consolidated with an appropriate solution.
ARTICLE 53 (BEAMS AND PLACEMENTS IN THE CEILINGS).
The beams and roof structures cannot be replaced except for those pieces whose deterioration
affect its solidity.
ARTICLE 54 (ANTIQUE TILES).
The old tiles must be preserved for reuse.
ARTICLE 55 (TOTAL AND PARTIAL REPLACEMENT OF MISSING ELEMENTS).-
The total or partial replacement of missing elements such as moldings and reliefs must be carried out with
harmonic technical criterion, but distinguished as an incorporated contemporary element.
ARTICLE 56 (CARPENTRY AND BLACKSMITHING).-
The carpentry and the blacksmithing must be maintained, allowing for the replacement only of the parts in poor condition.
state in which the same material must be used.
ARTICLE 57 (EXTERIOR WALLS).
For the exterior walls where the need for the opening of new openings is justified, it should
to adjust to the criterion of harmonious integration while differentiating from the originals.

ARTICLE 58 (OPENING OF NEW VENTILATIONS AND LIGHTINGS).-

The possibility of making new openings for ventilation and lighting must be minimized as much as possible.
as long as it is possible to perform it zenithally.

ARTICLE 59 (PRIORITY IN THE CONSERVATION OF REMAINDER OF THE PAINTING).

The conservation of any remnants of mural paint of historical value should be considered a priority.
existing.
ARTICLE 60 (INSTALLATION OF WATER, LIGHT AND HEATING).-
The water, electricity, and heating installations made in the building cannot alter the
original structure nor its aesthetic value.
ARTICLE 61 (AUTHORIZATION OF INTERVENTION).
So that the corresponding instance can authorize an intervention (in properties of categories
A and B) the restoration project must comply with all that is prescribed and required in the process
respective anticipated for the effect.
ARTICLE 62 (REPAIRS).
Any restoration in buildings of cultural historical value recognized by legal provisions in
validity and the buildings classified in categories A and B must be governed by the restoration standards
highlighted.
ARTICLE 63 (CATEGORIES NOT AUTHORIZED).
In these categories, no finishing repairs will be authorized without the painting certificate.
In buildings of category F, no repair work will be accepted if it does not aim for a
integration with adjacent historic buildings regarding volumetry, height,
finishing materials, proportion of openings, solid areas and others.

ARTICLE 65 (NEW CONSTRUCTIONS, REMODELING AND EXTENSION).

The following provisions relate to the rules that will govern the new construction of
buildings, whatever their purpose; they also include cases of
expansion and remodeling of buildings in categories C, D, and F. New constructions are
will be governed, in addition to the established regulations currently in force, by the provisions described in
continuation.
ARTICLE 66 (PREPARATION OF MAJOR WORK).
For the preparation of major construction projects, adjacent constructions must be taken into account.
to the lot integrating into these in volume, height, facade treatment, materials, textures, etc. and
all those positive aspects that tend to improve and preserve the particular characteristics of
the area.
ARTICLE 67 (BUILDING LINE OF NEW CONSTRUCTION).
The building line of the new construction must be the municipal line, and this is not allowed.
no front or side withdrawals.
ARTICLE 68 (DESIGN OF NEW CONSTRUCTIONS).-
The design of new constructions must be contemporary without competing with the
historical value buildings.
ARTICLE 69 (UNIFORMITY OF HEIGHT AND NUMBER OF FLOORS).-
When the street has uniformity in both height and the number of floors, the height limit
it will be equivalent to the average height of the constructions and this will be determined in meters and
number of floors. When the street has few buildings that break the uniformity in height
and number of floors, the height limit will be the average of the uniform buildings, not
allowing themselves to take as a pattern the contrasting buildings.
ARTICLE 70 (NEW BALCONIES).-
The new balconies that are projected must have a contemporary design and harmonize with the
urban set.
ARTICLE 71 (EXTERIOR ROOFS).-
The exterior roofs must be made of ceramic tile with a gable shape, unless technical impossibility.
justified; with a slope between twenty-five percent (25%) and thirty percent (30%).
ARTICLE 72 (FINISHED INTERIOR MATERIALS).
Interior finish materials may be used freely and independently of their type,
color, texture, etc.
ARTICLE 73 (MATERIALS FOR EXTERIOR FINISHES).-
The finishing materials in exteriors can be used freely but in harmony with the
surrounding set.
ARTICLE 74 (BASE).-
The baseboards should preferably be made of the same material as the facade's surface.
However, it must maintain harmony with it.
ARTICLE 75 (PROHIBITION OF USE OF COATINGS).
The use of stone cladding, mosaics, metal sheets or will not be accepted on the facade.
plastics, nor any other apparent or visible material.
ARTICLE 76 (FREE DESIGN).-
ARTICLE 77 (PARTIAL NEW CONSTRUCTION IN PRESERVED BUILDINGS).
The new partial constructions that are carried out within a preserved building must
adjust to the integration criterion, harmoniously completing the missing part of the set and
differentiating from the original construction.
ARTICLE 78 (NEW CONSTRUCTION MUST CARE FOR AND MAINTAIN THE AREA)
THE ADJACENT BUILDINGS.-
In all cases of new construction adjacent to a historically valued building, it must be
prioritize the structural maintenance of the area or building subject to preservation.
ARTICLE 79 (NEW CONSTRUCTION).-
The new construction must adhere to the original spatial typology.
ARTICLE 80 (RESTRICTIONS ON NEW CONSTRUCTIONS).-
New constructions must not exceed the average height of the existing construction and
preserved.
ARTICLE 81 (ROOFS FOR NEW CONSTRUCTIONS).
The roofs must be made of ceramic tiles and have a slope consistent with the preserved part.
ARTICLE 82 (NEW PARTIAL CONSTRUCTIONS).- The new construction projects
partial must adhere to what is established in this Law.
ARTICLE 83 (DEMOLITIONS).-
In the buildings classified in categories A and B, demolition will not be allowed. In the categories
C, D, and E will allow demolition upon submission of approved projects.
ARTICLE 84 (TOTAL OR PARTIAL DEMOLITION).
The demolition in whole or in part of constructions located within the Preservation Areas of
The Historic Center must be expressly authorized jointly by the Autonomous Government
Municipal and Committee for the Defense of the Preservation of Historical and Cultural Areas.

ARTICLE 85 (DETERIORATION OF BUILDINGS OF CATEGORIES A AND B)

When the deterioration of a building classified within categories A and B has been caused,
is due to direct actions or lack of maintenance having reached a state of deterioration that
make recovery impossible, only (constructing a building of the same will be allowed
surface and typology that originally existed). In case, in the opinion of the instances
as previously indicated, this space should remain free of constructions or serve a specific purpose
this option will be chosen.
CHAPTER IX
DIVISION OF BUILDINGS
ARTICLE 86 (DIVISION OF BUILDINGS)
The monumental and residential buildings of categories A and B respectively, do not
They absolutely do not allow any material division as they fall within the category of protection.
absolute.
ARTICLE 87 (DIVISION OF PROPERTIES OF CATEGORY B).-
For the case of properties in category B for purposes other than housing, exceptionally, it
will allow the division according to the use and the minimum area that is technically established and when the
owner possesses in the same building the minimum area of 60.00 M2 required for use
residential.
ARTICLE 88 (DIVISION FOR REAL ESTATE FOR CATEGORY C).-
For cases of property division provided for in category C, it will only be allowed in
fractionation of the property of the former typological units understood as the
and common use spaces, in which case they must adhere to the minimum standards indicated in the article.
next.
ARTICLE 89 (DIVISION FOR BUILDINGS IN CATEGORIES D, E, F, AND H).
The buildings included in categories D, E, F (reversible and irreversible) and H for use
residential, they will allow division only when the resulting parts of the property have an area
minimum of 60.00 M2 for housing, in the case of other uses a smaller area may be accepted
depending on the use as long as the owner has the minimum area in the same building
required for residential use.
For strictly commercial buildings, the minimum area for each premises will be 12.00 m2.
without the possibility of modification of use.

ARTICLE 90 (EXCEPTIONS).-
Exceptionally, the subdivision of a property into conforming areas will be allowed.
regularly as much as possible, when the annexation of a lot or property occurs that originates when the
owner of a property transfers a certain area in favor of another
adjacent owner who in turn adds that area to their property; from the ground floor to the floor
high or vice versa. However, this permission will not lead to fundamental changes in the properties and
On the contrary, it will be strictly subject to the types of intervention specified in this Law.
according to the category of the property. In this case, the portion that remains with the selling owner must
having a minimum area of 60.00 M2.
ARTICLE 91 (PROHIBITION).-
In all cases where division is allowed, it is absolutely forbidden to carry out
modifications that affect the physical spatial structure and operation of buildings in
compliance with currently applicable legal provisions.
ARTICLE 92 (AUTHORIZATION FOR THE DIVISIONS).-
All cases of division of lots or buildings must be expressly authorized by the
Decentralized Unit of Historical Heritage of Potosí.
ARTICLE 93 (COMPLIANCE WITH LEGAL PROVISIONS).-
Any division to be made within the Historical Areas will be governed by the provisions of this document.
Law must also take into account the provisions of the Civil Code.
matter of division of real estate. Regardless of the application of the provisions,
of the present chapter; in accordance with the provisions of the Civil Code, they cannot be divided
properties in the following cases:
When the subdivision substantially alters the property or even if it does not alter it, there exists
obstacle caused by an express legal provision or human will prevents it.
b) When as a result of the division, one of the parts becomes unusable for the purpose to which
it is destined.
c) When the property is not easily divisible or when its subdivision is found
prohibited by law or by administrative provisions, or when the division is prohibited by laws
special regulations or rules for urbanization and public ornamentation.

d) When the division could cause harm to the family or public economy.
ARTICLE 94 (JUDICIAL OR EXTRAJUDICIAL DIVISION).
According to civil law regulations, any judicial or extrajudicial division is null when it
they fraction goods that are not divisible for the interest of family or public economy, or properties whose
division is prohibited by special laws or regulations of urbanization and public decorum.
CHAPTER X
CONDOMINIUM REGIME
ARTICLE 95 (PROPERTY REGIME).-
For the purposes of applying this Law, three types of co-ownership are distinguished:
a) Co-ownership by shares and rights.-
When each co-owner owns only an ideal percentage of the property without there being
any physical division.
b) Condominium co-ownership (common or ordinary).
When each co-owner owns a physically defined part of the land and a percentage
proportional to their ownership, of the common areas, built or not.
c) Horizontal property.
When each co-owner owns an ideal surface of land that is not physically delimited.
proportional to the percentage of development of his property. He is also the owner of a percentage
similar to common use areas, built or not. The horizontal property regime is only
applicable to built properties.
ARTICLE 96 (APPLICATION OF LEGAL PROVISIONS).-
This form of ownership is governed by special legal provisions, by this law and in what
that they allow by the will of the interested parties.
ARTICLE 97 (CONDOMINIUM REGIME).-
Buildings under co-ownership will be subject to civil laws if they relate to
common or ordinary co-ownership and whether it concerns horizontal property. When it comes to a
co-ownership by shares and rights according to the individual ownership regime.
CHAPTER XI
RUIN OF THE BUILDINGS
ARTICLE 98 (COLLAPSE OF BUILDINGS).-
The declaration of ruin will proceed in the following cases:
a) When the building suffers or contains damages and irreparable ruin technically by means
usual.
b) When there are urban circumstances that according to the current plan and the technical criteria of
Municipal Autonomous Government of Potosí is suggested or ordered to carry out the demolition.

c) When the possibilities of conservation, maintenance, restoration, and consolidation do not

make it possible, and the state of ruin exceeds 80% of the building elements.
ARTICLE 99 (IRREPARABLE DAMAGE).-
It is understood that there are damages that cannot be technically repaired by usual means, when their
repair involves a reconstruction of structural elements by fifty percent (50%).
ARTICLE 100 (LIMITS FOR DECLARATION OF RUIN).
To obtain the established limit for the declaration of ruin, the following procedure is carried out:
1. The horizontal built area on all floors is quantified, plus the surface of
cover.
2. The surface of the structural elements that need to be reconstructed is quantified, without
possibility of repair.
3. The limit is calculated according to the following procedure:
a. Flooring, mezzanines, and roof structures, with the affected surface.
b. Beams, half of the horizontal surface that rests on the beam is quantified, provided that
the horizontal surface has not been quantified in the previous section; it quantifies the damage of the
The beam will be quantified at 25% of the supported horizontal surface.
quantified that surface in the previous section; in case it has been quantified, a will be taken
surface equal to 25% of the horizontal surface.
d. The areas from section b) are added together and divided by the sum of the areas from section a).
ARTICLE 101 (EXCEPTIONAL URBAN PLANNING CONDITIONS).
When, due to exceptional circumstances and urban planning conditions, it becomes indispensable to
demolition of a building, an individual file must necessarily be prepared for each
case, by the Decentralized Unit of Historical Heritage of the G.A.M. Potosí and if it
dealing with properties of Category A and B or other national monuments is of utmost importance
participation of the Committee for the Preservation of Historical and Cultural Areas of Potosí.

CHAPTER XII
PROCEDURES FOR THE ACTIONS AND/OR INTERVENTIONS SUBJECT TO
AUTHORIZATION
ARTICLE 102 (SUBSTITUTION)
The Director or Director of the Decentralized Unit of Historical Heritage may be replaced.
temporarily in the exercise of their functions in cases of vacancy, absence, illness, excuse
and recusal. The substitution will be assigned according to the regulations of this law by a
authority of equal hierarchy or superior. The substitution will cease when the cause that had motivated it
would have been resolved.
ARTICLE 103 (RECALL)
The Municipal Mayor, in the exercise of his competences and constitutional attributions, may invoke
the competence to know and resolve the different processes described by this law.
The willingness to take over will be communicated to the Director of the Decentralized Unit.
Historical Heritage, through an administrative act in a reasoned manner.
The revocable authority will be entirely responsible for the outcomes or technical and legal effects.
ARTICLE 104 (EXCUSES AND RECUSALS)
The excuses and recusal for the Director and for the superior authorities will be the
following:
By kinship with the interested party in direct or collateral line up to the second degree according to
civil computing.
2. The business relationship with the interested party or direct participation in any company that
intervene in the administrative process.
The procedures for excuse and recusal will not suspend the effects of administrative acts.
nor the deadlines for administrative procedures of mere formalities.
The omission of disqualification will be the responsibility according to Law No. 1178 of Administration and Control
Governmental.
The advisors and councilors must review from Art. 102 to the end so that it is relevant.
In addition to Chapter III towards the first article.
ARTICLE 105 (PROCEDURE).- Any action that involves interventions affecting
physically in whole or part the urban structure, the land and/or the buildings within the Areas
Historical and cultural of Potosí, whether classified real estate or not, whether private properties or
public, national or foreign; must be subject to the processing of the respective authorization
before the Decentralized Unit of Historical Heritage G.A.M. Potosí.
ARTICLE 106 (ACTIONS AND/OR INTERVENTIONS SUBJECT TO AUTHORIZATION).
The following actions are subject to authorization, by way of example but not limited to:
a) Urbanization works in general.
c) Transfers or changes of ownership that affect parts of a property.
d) Changes of use.
e) Consolidation and restoration works.
f) Rehabilitation works.
g) Works of remodeling, reconstruction and/or expansion.
h) Renovation works. (Major and Minor works)
i) Demolitions.
j) New constructions of any nature.
Consultation rules. (Major and Minor Works)
l) Line and level. (Major and Minor Work).
ARTICLE 107 (MINOR WORK).
They are considered minor works, those of small size, that include the execution of renovations,
conservations, demolitions that do not affect the structure, façade, or cover of the building.
ARTICLE 108 (REQUIREMENTS FOR REQUESTING AUTHORIZATION FOR MINOR WORK).-
The application for the authorization of minor work will require.

1.- Memorial and/or request addressed to the Director of the Decentralized Unit of Historical Heritage
of G.A.M. Potosí, indicating the minor intervention that is intended to be carried out.

2.- Original legal documentation or legalized photocopy, testimonies, real folio or others, which
prove and certify the applicant's ownership rights.
3.- Additionally, a report, sketch, plan, and budget for the work to be carried out must be attached, indicating
the material to be used, the constructive and aesthetic characteristics of the proposed alternative,
specifying the variations to be introduced on the existing ones, plus your budget in an original more
two copies.
ARTICLE 109 (PROCEDURE FOR MINOR WORK).
For the processing of work classified as minor, the following procedure will be followed:
1.- All the documentation will be presented to the Decentralized Unit of Historical Heritage.
described in the previous article, which will schedule an inspection within three (3) working days.
property, when the requested action meets the provisions of this Law it will be granted the
respective authorization, with the recommendations that the case warrants.
2.-When the requested action does not comply with the provisions of this Law, it shall be ordered to the
interested party to rectify the observations within a period of five (5) business days from the
notification with the same.
3.-Once the observations have been corrected, the corresponding Authorization will be proceeded with.
Technical recommendations that warrant the case.
ARTICLE 110 (APPLICATION FOR AUTHORIZATION FOR FACADE INTERVENTION).
Any work to be carried out on the facades of any listed building will require this
authorization, municipal technicians will conduct periodic inspections of the work, and will also require
and they will approve the conduct of samples.

This intervention will be subject to the minor works procedure.

ARTICLE 111 (MAJOR WORK).
Major works are considered all the realizations of a plant, of reform, expansion, conservation,
new construction, remodeling and demolition, that affects the structure, roof, or facade of the
building.
1.- Presentation of a preliminary project to the Decentralized Unit of Historical Heritage,
prepared by a licensed Architect and/or qualified Technician in original plus two copies.
2.- The preliminary project must include a location plan at a scale of 1:2000, a site plan, and roof plans.
Scale 1:100, architectural project at scale 1:50.
3.- The architectural project must contain:
a).- All the plans indicating the parts to modify, demolish, and/or construct.
b).- All exterior and interior facades where modifications are made with indication of the
same.
c).- Two minimum cuts necessary where the modifications or new constructions are shown.
d).- Foundation plan of the new constructions.
e).- Roof plan when modifications are made to them.
4.- Detail plans, technical specifications, work plan, and descriptive memorial of the
heritage elements to intervene.
5.- Plans for sanitary and electrical installations at a scale of 1:100 or 1:50, prepared by an engineer
authorized.
6.- Structural plans and calculations when structural works require them, carried out by an engineer.
authorized.
ARTICLE 113 (PROCEDURE FOR MAJOR WORK).
1.- Actions involving major construction work on properties in categories A, B, C, D,
E, F, G, and H will be known and substantiated by the Decentralized Unit of Historical Heritage
in accordance with this Law, with the mandatory intervention of a professional architect
authorized.
2.- The preliminary project must be submitted to the Decentralized Unit of Historical Heritage.
fulfilling all the requirements prescribed in the previous Article.
3.- The Decentralized Unit of Historical Heritage within a period of five (5) working days, according to
the requested action or performance will be studied and may, when necessary:
a) Dictated provided inspection
b) Dictated provided with expert opinion.

c) Provide a dictation requesting more documentation from the interested party.

d) To dictate provided clarification or correction on specific points.

e) Dictate provided with citation if any neighboring or adjoining owner had to have
necessary participation in the case.
f) Dictate provided by observation (attaching observation report).
g) Other measures that may be necessary to resolve the case.
4.- Once the inspection, the expert appraisal, and the completion of the requested documentation have been carried out, and
Once the observations are rectified, the Decentralized Unit of Historical Heritage, within the period of
five (5) business days will issue the Technical Administrative Resolution, approving or denying the
major work request submitted.
ARTICLE 114 (RESOLUTION).-
The approval resolution or denial resolution for the submitted application must contain
the technical and legal foundations on which it is based, must be notified to the owner
the applicant within two (2) business days.
ARTICLE 115 (APPROVAL OF ARCHITECTURAL PLANS).-
initial, which will follow the regular procedure of the Decentralized Unit of
Historical Heritage for the approval of plans.
ARTICLE 116 (PROCEDURE FOR DECLARATION OF RUIN).-
The approval procedure for declaring ruin within Historical Areas will be the one that
describe below:
When, in order to preserve buildings or elements of historical value that are at risk of
destruction, the necessary actions will be carried out according to the following procedure:
a) The process begins with the formation of the conservation file, which may start from the
own Municipality or any private promoter.
The Decentralized Unit of Historical Heritage will prepare a report that contains: description of
status of the building damages and necessary works to repair them in case of emergency, the deadline will be
up to five (5) business days.
b) Based on the technical report and/or the report from the Fire Department under
The Departmental Police of Potosí will order the owner to carry out the specified works.
project and technical specifications document, indicating a maximum date for the start of work.
c) It will be possible to temporarily suspend the authorization at this stage as long as the works do not
urgent sanctions, due to not strictly complying with the guidelines of this law, and regular ones
procedures or lack of technical supervision of the works, with owners having until the
fifteen (15) business days, being able to hire the services of an architect or technician for the execution of
jobs supported by this Law endorsed by the G.A.M. Potosí, the project of the mentioned
An architect or technician will present themselves within a maximum period of thirty (30) days.

ARTICLE 117 (DETERMINATION OF RUIN).

When according to the prescriptions of the current legal framework and this Law they determine
the ruin of the buildings, the following steps will be followed:
1. The procedure is initiated at the request of the interested party or on its own initiative by the Government.
Municipal Autonomous of Potosí. The request will include: identification data related to
property, ownership of the property, plus the reason based on the state of ruin and the relationship of
inhabitants, regardless of the ownership of the property.
2. The previous request will be accompanied by a Technical Ruin Certificate issued by a technician.
authorized, where the state of ruin is demonstrated (Physical condition of the building, conditions of
security) and corroborated by a technician from the Decentralized Unit of Historical Heritage.
3. From the start of the file until the complete repair or demolition of the building,
the owner must take precautionary measures regarding the habitability and safety of the building and
its occupants under the supervision and certification of an authorized technician.

Once the file is evaluated, the municipal technical services will issue a report after inspection.
determining the condition of the building in order to process the file with the measures of
urgent precautions for habitability, safety of the building and its occupants. Likewise, it
will verify the accuracy of the occupant's relationship by informing them of the right they have to present
allegations as well as the certificate from a technician that supports or contradicts that presented by the
owner who initiated the process, within a period of fifteen days.
4. After the deadline, the Decentralized Unit of Historical Heritage will issue a
opinion that will consist of the following:

a. Description of the building

b. Description of the constructive and structural system with quantitative relation of the elements
structural.
c. Description of the damages presented by the building and possible causes of them.
d. Valuation of the building.
e. Relationship, assessment, and detail of the repair works required for the building.
g. Conclusion and proposal.
5. The Municipal Autonomous Government will issue an Administrative Technical Resolution, the same
which will consider the following alternatives:
a. Declare the property or building in a state of ruin ordering total or partial demolition.
If there were danger in the delay, the municipal administration will agree on the above.
regarding the eviction of its occupants.
b. Declare the property in a state of ruin when it is technically feasible, proceeding to
likewise to its demolition.
c. Declare that there is no state of ruin, ordering timely repair works as per the
regulatory provisions on the duty to maintain buildings in good condition.
6. The G.A.M. of Potosí has the obligation to notify all owners and technicians that
they would have been part of the procedure.

7. After the demolition of the building is agreed upon, the deadline will also be established.
demolition within four months the owner is obliged to submit a new project
building; in case of delay, the notification addressed to the occupants will express the appropriate deadline
for the eviction.
8. The declaration of ruin and the adoption of urgent measures by the municipal administration
does not exempt owners from responsibilities of any kind that may be demanded for negligence
in relation to the Law on the duty to maintain buildings, in accordance with provisions
current laws.
9. In the event that the inhabitants caused their ruin and subsequent demolition without fulfilling the
Specific regulations regarding ruins are subject to penalties established by law by the municipality.
and the suspension of works intended for new construction, until the municipality decides otherwise.
10. It may be demolished in cases of exceptional public risk, following a report from the unit.
of firefighters, technical unit of the municipality and with the knowledge of the president of the Committee of
preservation of Historical areas, the Municipal Executive and the president of the Municipal Council.
Article 118 (AUTHORIZATION FOR REPLACEMENT OF BUILDINGS).
In cases where substitution is permitted, that is from category D, it will be subject to
major work procedure.
ARTICLE 119 (NEW WORK WITH MAINTENANCE OF CURRENT HEIGHT IN
RELATION TO HISTORICAL AREAS.-
This type of work has no more limitations than projecting in relation to the protection standards.
urban set, therefore within these limits freedom is total, being able to take advantage of the
existing structures, (restructuring) demolish and rebuild while maintaining the current height of the
urban complex, basement level is allowed.
a) Demolition is not permitted without a replacement project, except in cases of imminent ruin.
approved by the municipality.
b) New buildings must consider the use of typologies from the urban set in
based on the cataloging documents.
c) The maintenance of facades is possible, with a new building inside. It will be subject to
major works procedure.
CHAPTER XIII
PROCEDURE FOR ADMINISTRATIVE RESOURCES
ARTICLE 120 (RESOLUTION OF ADMINISTRATIVE APPEALS).
They are established as instances for the knowledge and resolution of Administrative Resources
following:
a) Appeal for Revocation to the Decentralized Unit of Historical Heritage.
b) Hierarchical Resource the Municipal Executive, exceptionally the Municipal Council,
when the appeal for revocation is resolved by the Municipal Mayor.
ARTICLE 121 (APPEAL FOR REVOCATION).
The person who believes they are affected and/or aggrieved by the Technical Administrative Resolution of
rejection of major work, issued by the Decentralized Unit of Historical Heritage may
file a revocation resource within a period of 10 working days, calculated from the
legal notification with the Resolution.
ARTICLE 122 (RESOLUTION ON THE APPEAL FOR REVOCATION).
Within a period of (fifteen) 15 days, the Decentralized Unit of Historical Heritage will issue the
Resolution that may be:
a) Declaring the appeal inadmissible:
When the appeal has been submitted outside the legal term.
b) Declaring unfounded and confirming the challenged Resolution.
When the Decentralized Unit of Historical Heritage does not find any application
unlawful, violation or misinterpretation of the provisions of this Law.
c) Declaring the appeal admissible and revoking the contested Resolution:

When the appealed Technical Administrative Resolution evidently shows an application

improper, violation and/or misinterpretation of this Law. In this case, the Unit
Decentralized Historical Heritage will approve through a new Technical Resolution
Administrative the draft for major work.
The interested owner must be notified with the Resolution that resolves the Revocation Appeal.
within a period of two (2) business days computed from the date of issuance of the
Resolution.
ARTICLE 123 (HIERARCHICAL APPEAL).
The interested party who believes they are affected and/or aggrieved by the Resolution on the Revocation Appeal,
issued by the Decentralized Unit of Historical Heritage may file a Hierarchical Appeal
within a period of ten (10) working days, counted from the legal notification with the
Resolution on the Appeal for Revocation, before the Decentralized Unit of Historical Heritage.
ARTICLE 124 (REFERRAL OF THE FILE).-
The Decentralized Unit of Historical Heritage will send within 3 business days the
file and all the background of the case, through regular channels to the Municipal Executive, for the
Resolution of the same in accordance with its powers and this Law.
ARTICLE 125 (RESOLUTION TO THE HIERARCHICAL APPEAL).-
Within 15 business days, the Municipal Executive will issue the Resolution that resolves the Resource.
Hierarchical, which may be:
a) Declaring the appeal inadmissible:
When the resource has been presented outside the legal term.
b) Declaring unfounded and confirming the challenged resolution.
When the Municipal Executive does not identify any improper application, violation, or wrongdoing
interpretation of the rules of this Law.
Declaring the challenged Resolution to be upheld:
When the challenged resolution clearly shows an improper application, violation and/or misconduct
interpretation of this Law. In this case, the Municipal Executive will approve by means of the
Resolution corresponding to the major construction project draft.

The Municipal Executive, once the Hierarchical Resource has been resolved, will forward the file,
The Decentralized Unit of Historical Heritage, once the file has been sent, will notify with the
Resolution to the owner within two (2) business days counted from the
submission date of the documentation.
CHAPTER XIV
ADMINISTRATIVE SANCTION TECHNICAL PROCESS
ARTICLE 126 (OFFENSE AGAINST ARCHITECTURAL HERITAGE,
HISTORICAL AND CULTURAL.
All acts and deeds of natural and/or legal persons constitute Violations that
they contravene and violate the legal regulations and this Law, which are attacks against the
Architectural, Historical and Cultural Heritage of Potosí.
Likewise, any action or omission that causes damage in the execution of a
construction, or produce its destruction, whether of one’s own real estate or that of others, in addition to
any violation of Urban Regulations, land use, and this Law.
The Technical Administrative Sanctioning Process within the principle of autonomy does not exempt from
initiation and continuation of other criminal, civil proceedings that could generate the fact or legal act,
established in the current legal regulations.
ARTICLE 127 (COMPETENT AUTHORITY).-
The Autonomous Municipal Government of Potosí through its competent instances, within the
The Municipal Jurisdiction of Potosí has the authority for knowledge, processing and/or
processing, up to the issuance of a Technical Administrative Resolution of the Process
Administrative, for infringement, identifying and individualizing the infringers, determining the
offense committed and imposing the corresponding sanction.
ARTICLE 128 (APPLICATION OF THE SANCTIONING PROCESS).
The Sanctioning Administrative Technical Process is applied to Offenders within the areas
described in this Law of Preservation of Historical Areas of the Municipality of Potosí, which
son:
Historic Center Area.
b) Urban Environmental Landscape Preservation Area (Area of Influence).
c) Area of the Sugar Mill Region.
d) Monumental Area of the Cerro Rico de Potosí.
e) Area of the Lagoons of the Kari-Kari mountain range.
f) Cantumarca Area.
Area of the Laguna and the Ingenios of Tarapaya.
h) Architectural Preservation Areas of the Temples of the Municipality
i) Area with cataloged heritage in the rural area of the municipality of Potosí
ARTICLE 129 (SUBJECTS).-
Those considered offenders and subject to the application of this Law:
a) To the owners, representatives or third parties of the properties.

b) Construction companies and/or technicians responsible for the construction.

ARTICLE 130 (WAYS OF KNOWING ABOUT INFRACTIONS).

The knowledge of an infraction by the Decentralized Unit of Historical Heritage
will begin with:
Oral and/or Verbal Complaint.
c) Oficio for direct control of the Decentralized Unit of Historical Heritage
in accordance with your powers and authorities.

ARTICLE 131 (FORMATION OF THE FILE).-

A file will be created for the entire Sanctioning Technical Administrative Process where
they will attach all the proceedings from the knowledge of the Infraction, it will also carry a sheet of
route in which all instances of the same will be recorded.
ARTICLE 132 (DEFENSE OF THE ALLEGED OFFENDERS)
The Autonomous Municipal Government of Potosí, through the competent body, will open a period of
test to ensure that the alleged offenders take on defense.
ARTICLE 133 (RECEPTION OF EVIDENCE).
Any means of proof established in the Administrative Procedure Law, specifically the
legal technical documentation presented by the alleged offender or by the persons who
you have the legitimate interest that proves the intervention of the property in relation to the Technical Process
The Sanctioning Administrative must be presented to the corresponding instance which will receive it.
with the corresponding receipt charge
ARTICLE 134 (COMPLAINANTS).
The complainant does not form or does not constitute part of the Administrative Sanctioning Technical Process,
only G.A.M. Potosí and the alleged offender are considered as intervening parties, and must
the complainant and/or third parties who consider themselves affected by the execution of the construction
or have any legitimate interest, to resort to the judicial path or jurisdiction that suits them best, already
be in cases of impact due to the execution of the construction or in case of determining better Law
Owner, since the Municipal Autonomous Government does not have the authority to determine the Right
Owner.
In the event of verifying the falsehood of a complaint, the Decentralized Unit of Historical Heritage
In accordance with the current legal regulations, it will send information to the Public Ministry.
ARTICLE 135 (TYPES OF INFRACTION).
Infringements against the Architectural, Historical, and Cultural Heritage of Potosí are considered,
subject to penalty, prior to the substantiation of the Administrative Sanctioning Technical Process,
following facts:
a) Clandestine Construction.
b) Provocation of Ruin.
c) Construction outside of regulations and/or altering, modifying the approved plans in the
execution and implementation of the construction.

d) Clandestine and/or unauthorized demolition.

e) Physical spatial alteration of properties classified as A and B, through divisions,
construction of prohibited partitions and others.
f) Physical alteration of facades, through opening of doors, windows, and others, in properties
classified as A and B.
g) Alteration and/or modification of approved plans.
h) Lack of Authenticity in plans and other documents submitted to the Directorate of
Historical Heritage.
CHAPTER XV
START OF THE SANCTIONING ADMINISTRATIVE TECHNICAL PROCESS
ARTICLE 136 (PREPARATION OF THE TECHNICAL ADMINISTRATIVE PROCESS).-
Prior to the start of the Sanctioning Administrative Technical Process and in order to
Historical Heritage will notify the alleged offender to present the same documentation.
Legal technician certifying the intervention of the property.

The Decentralized Unit of Historical Heritage may take preventive measures as long as it does not
check the documentation, carry out the Suspension of the construction or other intervention that is being
conducting on the property, in addition to taking all necessary photographs for verification purposes,
all these actions in case the Administrative Technical Process for Infraction begins, will be
attached and annexed to the file as background and initial actions of the case.
ARTICLE 137 (SUSPENSION OF THE WORK).-
The Decentralized Unit of Historical Heritage, having verified the Violation, will order the offender to
Suspension of Works in construction, demolition or other intervention, placing the seal of
Suspension of work on the property, requiring the corresponding suspension record to be made.
work.
ARTICLE 138 (CONDITIONAL).-
The Sanctioning Administrative Process will be initiated by a WARNING to the owner,
to present both Technical and Legal documentation before the Decentralized Unit of
Historical Heritage, which must consist of approved plans and other documentation.
Municipal, that they release the offender and certify the construction, demolition, or other intervention of the
property, within a period of three (3) business days, calculated from the notification thereof.
the Summons.
ARTICLE 139 (INITIAL ORDER AND SETTING OF THE TEST PERIOD).-
The Autonomus Municipal Government of Potosí through the Decentralized Heritage Unit
History of the G.A.M, will issue the Initial Order of the Technical Administrative Process, setting in
the same trial period, which will contain:
a) Name of the offender or owner.
b) Name of the Construction Company and/or Professional responsible for the work (if applicable).
c) Location of the property.
d) Cadastral Code of the property.
e) Typification of the committed offense.
f) Regulations and Rules Contravened.
g) Opening of the 15 business days trial period.
ARTICLE 140 (ADAPTATION OF THE INTERVENTION TO THE REGULATIONS BY
OF THE OFFENDER.
The Offender may at any time during the Administrative Technical Process, before the start or
after it, but before the issuance of the Technical Administrative Resolution, may
voluntarily adapt or comply with the regulations described in this Law, to avoid that the
The sanctioning administrative technical process follows its course.

For this purpose, the offender will adjust their intervention to the regulations and to this Law in advance.
evaluation of the Decentralized Unit of Historical Heritage, an instance that through a
The Technical Administrative Resolution will close the case.

In case of non-compliance or a new infringement, the Technical process may be resumed.

Administrative or initiate a new one until issuing Resolution.
ARTICLE 141 (PROBATIONARY PERIOD).-
The trial period of fifteen (15) business days indicated in the Initial Order will be counted from
from the notification to the offender. It may be extended by five (5) more days
in a well-founded manner and with supporting Legal documentation.
ARTICLE 142 EVALUATION OF EVIDENCE.-
end of the probation period for it to be verified and compared with the files that are
it has in the Decentralized Unit of Historical Heritage, it must be received with the
corresponding position.
CHAPTER XVI
OF NOTIFICATIONS
ARTICLE 143 (NOTIFICATION).-
The Notification with the Warning or with the Initial Order of the Sanctioning Administrative Process
will be carried out within five (5) business days following the day on which it was issued
Administrative or Municipal Resolution.
ARTICLE 144 (FORMS OF NOTIFICATION).-
In the event that personal notification of the Offender is not possible or if the Notified Offender refuses
to receive and sign the acknowledgment of the Summons or the Initial Order of the Technical Process
Administrative Sanctioner or other notification, it will be proceeded to notify it through a Notice, the same
which must be affixed to the door or in a visible place of the property and/or construction, where it was detected
The infringement must be proven with a photograph of the event.
ARTICLE 145 (NOTIFICATION PERIOD).-
The deadline for the Notification with the Conformance, the Initial Order, and the setting of the trial period
The application of this rule to the offender or owner is five (5) business days, starting from the day
following the issuance of the administrative act or Resolution.
ARTICLE 146 (OTHER NOTIFICATIONS).-
With the other notifications that need to be made in the substantiation of the Technical Process.
Sanctioning Administrative, the same procedure established in the articles will be followed.
precedents.
CHAPTER XVII
FROM THE CLOSURE OF THE PROBATION PERIOD
ARTICLE 147 (CLOSURE OF PROBATIONARY PERIOD).-
Completed and expired the term established for the Trial Period, the Decentralized Unit of
Historical Heritage, they will issue the Closure Order for the Probation period, which must be notified with
the same to the Offender within five (5) business days following its issuance.
The trial period is closed; for no reason, cause, or circumstance will any be accepted.
documentation that the offender intends to use as evidence in their defense.
CHAPTER XVIII
FROM THE APPRAISAL OF THE CONSTRUCTION AND/OR INTERVENTION

ARTICLE 148 (VALUATION OF THE CONSTRUCTION OR INTERVENTION).-

The Offender is notified with the Closure Order of the Probation period, the Decentralized Unit of
The Historical Heritage will proceed to carry out the appraisal of the Construction or intervention made, for
effects of applying the corresponding Sanction, up to fifteen (15) business days following,
computable from the Notification to the offender with the Closure Order of the Trial period.
ARTICLE 149 (CONTENT OF THE CONSTRUCTION APPRAISAL O
INTERVENTION).
The appraisal must contain everything technically necessary to determine the total cost.
from the construction and/or intervention that has been carried out on the property, and based on that result
from the total cost, calculate the corresponding penalty percentage, and it should also contain:
a) Name of the Owner or offender of the property.
b) Name of the Construction Company and/or Professional responsible for the work (if applicable).
d) Cadastral Code of the property.
e) Detail of the committed infraction.
f) Result of the appraisal
g) Rules and Regulations violated.
The appraisal, duly signed, will be attached to the file, which must be organized.
chronological of all the substantiated, in addition to being duly paginated, the file will enter
to issue the corresponding Administrative Technical Resolution of the case.
CHAPTER XIX
FROM THE ADMINISTRATIVE SANCTIONING TECHNICAL RESOLUTION
ARTICLE 150 (CONTENT OF THE TECHNICAL ADMINISTRATIVE RESOLUTION).-
The Decentralized Unit of Historical Heritage will issue the Technical Administrative Resolution.
Sanctioning body, which will contain:
a) Owner's Name of the property.
b) Name of the Construction Company and/or Professional responsible for the work (if applicable).
c) Property location.
d) Cadastral Code of the property.
e) Detail of the committed infraction.
f) Legal technical foundation
g) Rules and Regulations violated.
h) Assessment of the submitted defense evidence.
i) The corresponding sanction.
ARTICLE 151 (TERM FOR ISSUING THE ADMINISTRATIVE RESOLUTION
SANCTIONING.
The Technical Administrative Resolution will conclude the sanctioning Technical Administrative Process in
first instance and will be issued within fifteen (15) business days, counting from the
Notification to the offender with the appraisal of the construction and/or intervention carried out on the property.

CHAPTER XX
OF FINES AND SANCTIONS
ARTICLE 152 (FINES AND SANCTIONS).-
To the Offenses against the Architectural, Historical, and Cultural Heritage, described in the present
Law, the following sanctions are established, prior to the processing of the Administrative Technical Process.
Sanctioning authority:
a) The Clandestine Construction will be Sanctioned with a Fine of 25% of the Total Cost of the
Construction considered Clandestine in favor of the Municipal Autonomous Government, or with the
Demolition of the part considered Clandestine (properties classified as Ay B), in the latter
In this case, what is established in Article 148 of this Law will be taken into account.

The Clandestine Construction will be penalized with the demolition of the part considered Clandestine in
Properties classified as A and B or with a fine of 25% of the total construction cost
considered Clandestine in favor of the Autonomous Municipal Government of Potosí.
The demolition of the illegal construction will be the responsibility of the offender or owner in case of non-compliance.
carry out within a timeframe granted by the Municipal Entity or in case of not executing the demolition, the Government
Municipal Autonomous of Potosí will proceed with costs attributable to the offender or owner.
b) The provocation of the ruin of a property will be sanctioned with a fine of 40% of the cost of
c) Construction outside of the regulations and/or altering, modifying the plans will be sanctioned.
approved in the execution and execution of the construction with a 30% fine on the total cost of the
Construction deemed Out of Standards and/or altering, modifying the approved plans in the
implementation and execution of the construction in favor of the Autonomous Municipal Government or with the
Demolition of the part considered Out of Standards (Properties Cataloged as A and B).
In case of alterations or forgery, all documentation will be submitted to the Ministry.
Public, for your respective investigation according to current regulations.
d) The clandestine demolition and/or without authorization will be sanctioned with a fine established in
regulations in favor of the Autonomous Municipal Government, which will be established according to the
severity of the demolition and replacement of walls, areas, openings, and others according to appraisal.

e) The physical-spatial alteration of properties classified as A and B will be sanctioned through

divisions, construction of non-permitted partitions and others with a fine of 30% of the total cost of the
work in favor of the Autonomous Municipal Government and/or the restoration to its original state of the property.

f) The physical alteration of façades, through the opening of doors, windows, and will be sanctioned.
others, in properties categorized as A and B with a fine of 30% of the total cost of the work in favor
from the Autonomous Municipal Government of Potosí and/or the restoration to its original state of the property.

g) The Lack of Authenticity in plans and other documents submitted to the authority will be sanctioned.
Decentralized Unit of Historical Heritage with a 20% fine of the total projected cost
in favor of the Autonomous Municipal Government and/or the replacement of the authentic plans.

ARTICLE 153 (PENALTY FOR DEMOLITIONS IN CASE A STUDY IS NEEDED).-

In cases where the Sanction is demolition, a technical study and analysis must be conducted.
that surrounding properties and/or neighbors will not be affected in their stability, structure, and others by the
demolition and causing greater social harm to third parties, who have their legal rights
protected by what is established by the Political Constitution of the State in relation to the right to property
and the right to have a habitat, and to live well (Suma Qamaña), being able to alternatively recommend
in these cases exceptionally the Penalty and Economic Fine in favor of the Autonomous Government
Municipal of Potosí.
CHAPTER XXI
FROM THE EXECUTION OF SANCTIONS
ARTICLE 154 (EXECUTION OF SANCTIONS).-
In the event that the Sanction is demolition, it will proceed prior to a Technical Process.
Administrative Sanctioning and Executed Resolution, according to the competences, powers and
attributions granted in this law, approval of the Mayor, must
Decentralized Unit of Historical Heritage, proceed with the demolition.
ARTICLE 155 (DEMOLITION MACHINERY).-
For the execution of the demolition sanction, Decentralized Unit of Historical Heritage, in
coordination with the corresponding instance, they must arrange the personnel, the machinery, and everything
as much as necessary for that purpose with sufficient time in advance of the day of execution
of the demolition, with all expenses charged to the Offender.
ARTICLE 156 (VOLUNTARY DEMOLITION).
The Offender, in the event that the Sanction is demolition, may voluntarily carry out the
same, and be exempt from fines and costs of demolition.
ARTICLE 157 (METHOD OF PAYMENT OF THE SANCTION).-
In the event that the Sanction is the payment of a Fine in favor of the Municipal Autonomous Government and this
it would not have been executed by the Offender, the collection of it will be carried out through the Direction
of Collections of the Autonomous Municipal Government, in case the payment is not made effective
The Revenue Management Directorate may carry out the corresponding Judicial Process for this purpose.
effect.
The Municipal Autonomous Government is exempt from any compensation, exchange, or indemnity.
of damages to the offender due to the enforcement of the sanctions.

REPEAL AND DEROGATORY PROVISIONS

Repealing Provision
All municipal regulations contrary to this Municipal Law are abrogated.
Repealing Provisions
All municipal regulations contrary to this municipal law are repealed.
TRANSITIONAL PROVISIONS
TRANSITIONAL PROVISIONS FIRST.
All properties that as of the date of the promulgation of this Law are in process
of construction, building, demolition or other intervention and it is verified that it is committing
violation against the Architectural, Historical, and Cultural Heritage of the city of Potosí, and that
the Technical Administrative Process with Municipal Ordinance 06/2006 has not been initiated, will be
immediately subjected to the provisions of this Regulation.
TRANSITIONAL PROVISION SECOND.
The annex of Municipal Ordinance No. 031/1993 remains in effect until another study is developed.