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PS 1162

Para enmendar el Artículo 9 de la Ley 195-2011, según enmendada, conocida como “Ley del Derecho a la Protección del Hogar Principal y el Hogar Familiar”, a los fines de facilitar la inscripción de la designación de hogar seguro en el Registro de la Propiedad, aun cuando del historial registral no surja la existencia de una estructura edificada sobre la finca; y para otros fines relacionados.

2025-2028 Session

The bill lets homeowners designate their principal residence as a safe home in the property registry even if no physical structure is shown, simplifying and standardizing the inscr

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Bill Summary · PS 1162

Summary of Bill PS 1162 (Session 2025-2028, Puerto Rico)

Main purpose and intent

  • The bill amends Article 9 of Law 195-2011, as amended, known as the “Ley del Derecho a la Protección del Hogar Principal y el Hogar Familiar.”
  • Objective: facilitar the inscription (recordation) of the designation of a property as a “hogar seguro” (safe home) in the Property Registry even when the land registry history does not show an existing structure on the finca (property).
  • Overall aim is to reduce barriers to obtaining and maintaining protection for a homeowner’s principal residence and family home, by clarifying and streamlining registry requirements and ensuring uniform application.

Key provisions and changes

  • Re-states that any individual or head of a family who acquires a property to establish a safe home must have the designation noted in the title of acquisition, with the notary informing the purchaser of this duty, and the Property Registrar recording the designation in the inscription as a public notice.
  • For properties already registered in the owner’s name, the owner(s) may execute a public escritura (deed) before a notary stating that the property has the character of a “hogar seguro.” The registrar will note this character in a marginal note on the existing inscription.
  • The rule extends to the surviving spouse’s main residence, allowing the surviving spouse to appear for noting the designation without requiring the heirs’ attendance.
  • All documents (either the acquisition deed or the deed of designation of hogar seguro) must indicate the residential use of the property and confirm that the owner has not designated another property in Puerto Rico as hogar seguro.
  • The documents must warn about sanctions for attempting to inscribe more than one property as hogar seguro or to inscribe a hogar seguro for another person unlawfully.
  • If a person already has another property designated as hogar seguro, the new designation will acknowledge the existence of the other property and state that it will cease to be the hogar seguro when appropriate; the prior property's registro will need to cancel the hogar seguro annotation by marginal note, either through the new acquisition document or through the deed/instrument.
  • The registrar must annotate, upon designation, that the property was so designated by the owner, even if there is no evidence of a physical structure in the registry.
  • These annotations will be prima facie evidence of the derecho de hogar seguro (right to hogar seguro) for the property.
  • A person may not designate more than one property as hogar seguro under the law.

Who or what would be affected

  • Property owners or heads of families seeking to designate their principal residence or family home as hogar seguro.
  • Notaries and a registrars (Registro de la Propiedad) responsible for inscribing or annotating titles and marginal notes.
  • Surviving spouses (jefe de familia) regarding their marital residence, with provisions simplifying their participation.
  • The broader legal community and practitioners relying on the uniform application of Law 195-2011.

Procedural and timeline aspects

  • The bill would amend Article 9 of Law 195-2011.
  • Beginning: the law would take effect immediately after approval (immediate operative date).
  • If any provision is found unconstitutional or void, the rest of the law remains in effect (severability clause).
  • The text clarifies terminology changes: where “Acta” is referenced for designation, it should be understood as “Escritura” (public deed), aligning with Notarial Law Articles 14 and 30.

Notable clarifications and policy implications

  • Seeks uniformity in registry practice by removing the requirement that a physical structure be registered or evident to inscribe a hogar seguro.
  • Emphasizes the owner’s intent and actual use of the property as the basis for the protection, rather than solely the registry history of structures.
  • Addresses practical burdens and potential costs by avoiding unnecessary construction documentation as a prerequisite.
  • Establishes safeguards to prevent multiple or fraudulent designations and to ensure proper cancellation when switching hogar seguro from one property to another.

If you’d like, I can add a section with potential implementation questions for registrars or stakeholders, or compare this bill to the current provisions of Law 195-2011.

Compiled from official sources — confirm details with the bill’s official record.

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