On July 16, 2024, the Ministry of Justice and the Ministry of Economy, through Joint Resolution 2/2025 (the “Resolution”) published in the Official Gazette, regulated the Decree of Necessity and Urgency 1017/2024 (the “DNU” in its Spanish acronym) to allow its proper implementation.
The aforementioned DNU established an implementation regime for divisible mortgages for real estate projects to promote credit, boost the sector and construction, and reduce the housing deficit in Argentina.
The Resolution regulates and enforces the provisions regarding:
– The establishment of divisible mortgages on properties subject to real estate projects for subsequent division and allocation under the horizontal property regime or real estate complexes, or for subdivisions originating from common domain parcels.
– Access to long-term mortgage loans to finance the purchase of a real estate development under construction or a lot in a neighborhood, even before the subdivision of land.
– Mortgages on the real right of superficies for real estate projects over the “surface, airspace, or underground” or the right to build, within the duration term of the superficies.
– The creation of a system for the registration of purchase-sale agreements and other contracts on units to be built or projected through a notarial act and their registration in the encumbrances section of the property registry folio of the affected property in the Property Registries of each province and the Autonomous City of Buenos Aires, or in entities authorized by the CNV (National Securities Commission).
The Resolution came into effect on July 16, 2025.
