Chilean Urban Planning and Building Regulations

Posted on May 24, 2025 in Law & Jurisprudence

General Law on Urban Planning and Building

This law identifies the principles, functions, powers, authority, responsibilities, rights, sanctions, and other rules related to agencies, professional staff, and individuals involved in urban planning, development, and construction actions.

Law 19,583: Key Regulations

Regulation of Urban Real Estate Construction

Regulates the construction of urban real estate without a final acceptance.

“Monkey Law”

Title I: Competition and Authorities

Chapter I: Competent Authorities

The Ministry of Housing and Urban Development shall propose changes to keep up with technological advances and socio-economic development of the country.

Key Stakeholders and Responsibilities

Colleges:
  • Architects
  • Civil Engineers and Constructors
  • Engineers in Construction
Municipalities:

The Municipal Works Department (DOM) applies the Law and Ordinances concerning:

  • Urban Planning
  • Developments
  • Construction
Mayors and Governors:
  • Supervise and monitor domestic bins for public use and prevent their use for other purposes.

Chapter II: Officials and Project Management

Project Managers: Creation and Qualifications

Project managers are created based on project value:

  • Projects + 40,000 UF: Architect or Civil Engineer
  • Projects – 40,000 UF: Civil Constructor

All must be enrolled in Professional Schools.

Functions of Project Managers

  • Grant execution permits for works.
  • Address claims.
  • Grant final acceptance of works.
  • Lead municipal buildings.
  • Serve as Consultant Planner.
  • Oversee Regulatory Plans.
  • Manage Branch Plans.
  • Facilitate Community Development.
Replacement of Regional Secretary

If there are vacancies, the Regional Secretary is replaced.

Ministerial Regional Secretary

  • Reviews and decides on claims against works directors.

City officials cannot intervene in studies or buildings within their district. Exceptions apply if authorized by the Mayor for cases involving relatives.

  • Participation of the Comptroller General of the Republic.

Chapter III: Professionals

Article No. 18

  • The owner, as first seller.

Chapter IV: Sanctions

Officials:

  • Civil and criminal liability.

Notaries and CBR (Conservator of Real Estate):

  • Suspension of trade for 6 months.
  • Subject to Court of Appeals decisions.

Title II: Urban Planning

Key Elements of Urban Planning:

  • Land Use
  • Zoning
  • Equipment
  • Road Infrastructure
  • Urban Boundary
  • Urban Development Priority Areas

Sectional Drawings

  • For areas + 50,000 inhabitants.
  • Require detailed plans.

Urban Limits and Restrictions

Outside City Limits, the following are NOT allowed:

  • Opening new streets.
  • Subdividing populations.
  • Only agricultural buildings are permitted.

Note: Agricultural buildings include production and housing. Other works are industrial.

Special Permits

  • For structures exceeding 35 meters without specific setbacks (this phrase is ambiguous, keeping original wording as requested not to cut text).

Urban Land Categories

Public Utility Land:

  • Streets
  • Touring areas (e.g., scenic routes)
  • Parks

Historical Preservation Areas:

  • Designated for historical preservation.

Urban Land Use Change:

Modifying the Regulatory Plan:
  • Addresses misplaced industries.
  • Facilitates land consolidation.
  • Increases constructability coefficient by 30%.
  • Applies to areas larger than 2,500 m².
  • Aims for harmonious development.

Specific Urban Land Considerations:

  • River banks and beaches.

New Developments:

  • Must dedicate 44% of the land for public use.

Urban Renewal

  • Renewal areas.
  • Sectional plans.
  • Approval by MINVU (Ministry of Housing and Urban Development) by order of the President.

Compulsory Construction Zones

Failure to comply results in:

  • Tax planning penalties.

Population Sanitation and Infrastructure

  • Gardens.
  • Drinking Water supply.
  • Sewerage systems.
  • Outer fences.
  • Demolitions.
  • Maintenance of streets and sidewalks.
  • Telephones.
  • Public Transport Stops.

Expropriation

  • Partial expropriation.
  • Total expropriation.

Compensation is provided for sites rendered useless. Payments are handled by Municipalities (SERVIU).

Construction Regulations

Design Standards:

  • Conversion of existing buildings.

Types of Work

  • Conversion of buildings.

Certificates Required:

  • Building Number Certificate.
  • Building Line Certificate.
  • Reception Certificate (Partial or Final).
  • Condominium Sales Certificate.

Inspections

  • DOM (Municipal Works Department) inspections.
  • Free access for inspectors.
  • Constructor’s responsibility for management and quality control.
  • External inspection.
  • Work Book (log).
  • Final Acceptance.

Works are not habitable without partial or final acceptance.

Stoppages

Works may be stopped if:

  • Conducted without permission.
  • Lacking technical supervision.