P.R. Laws tit. 23, § 9012i

2019-02-20 00:00:00+00
§ 9012i. Construction plan submittal charges and stamps

As of the effective date of this act, applicants shall pay such submittal fees as determined by regulation at the time of filing any construction plans and amendments thereto with the Management Office, Autonomous Municipalities with I to V granted hierarchy, or an authorized professional. Authorized professionals shall remit the payment made by the applicant to the Management Office within a term not to exceed twenty-four (24) hours. Such payments shall be made through the means or mechanisms established by the Management Office. A certified document to such effect shall be submitted with the purpose of stating an estimate of the cost of the construction works conceived under such estimate of the works has been miscalculated, the Management Office, through an order to that effect, shall compute such value and require that the applicant pay fees according to the value thus corrected, and charge an additional ten percent (10%) over the difference of the incorrectly estimated total. Furthermore, whenever the final cost for construction works turns out to be greater than the estimated cost, such applicants shall pay the fees and additional stamps, either affixed and cancelled or in digital format, on the difference, and if the value of such construction works were to represent a difference of ten percent (10%) over the original estimated cost, such applicants shall pay the fees and additional stamps, either affixed and cancelled or in digital format, on the total difference, plus twenty percent (20%) of such difference, as an initial penalty for miscalculating the estimated costs. Any instrumentality of the Government of Puerto Rico, its municipalities, and the federal government, if applicable, shall pay twenty-five percent (25%) of the applicable fees under this section, except as otherwise provided under any specific legal requirement and the applicant attests to that fact in writing to the Management Office. No public works directly or indirectly involving private investment or contracting shall be exempt, and fees shall be paid as provided under the Joint Permit Regulation. Furthermore, the corresponding professional stamps shall be cancelled as provided in §§ 731 et seq. of Title 20, §§ 751 et seq. of Title 20, §§ 76 et seq. of this title, and this chapter according to the value of the construction works, except for those corresponding to any public works conducted for and by any instrumentality of the Government of Puerto Rico, its municipalities, and the federal government, which do not involve private investment or contracting either directly or indirectly. If such plans, documents, certifications, or other paperwork were to be used for public works and were drafted, as applicable, by Land Surveyors, Architects, Engineers, or authorized professionals who are public employees in any municipality, department, or similar entity of the Government of Puerto Rico, they shall be exempt from the payment of stamps, either affixed and cancelled or in digital format, and such land surveyors, architects, engineers, or authorized professionals, be it understood that the same shall not be deemed to be public employees for the purposes of this exemption when, in drafting documents for public works pursuant to the powers granted by their respective colleges and licenses, such land surveyors, architects, engineers, or authorized professionals act as independent professionals, advisers, or consultants engaged in private practice and whose compensation is based on the payment of fees.

History —Dec. 1, 2009, No. 161, § 2.10; Nov. 23, 2010, No. 175, § 3.