On February 23, 2026, Supreme Decree No. 10 of 2025, issued by the Ministerio de Vivienda y Urbanismo (the “Decree”), was published in the Official Gazette. The Decree amends Supreme Decree No. 47 of 1992, which sets forth the text of the General Ordinance of the General Urban Planning and Construction Law (the “OGUC”), introducing alternative enabling mechanisms in lieu of prior building permits or authorizations, under the terms described therein.
The purpose of the Decree is to regulate the new regime of alternative enabling mechanisms to building permits, previously incorporated into the General Urban Planning and Construction Law by Law No. 21,718. It establishes the conditions, procedures, and cases in which certain works may be carried out through the filing and recording of sworn statements before the Municipal Works Directorate (Dirección de Obras Municipales – “DOM”), instead of obtaining prior permits or authorizations.
Main Amendments Introduced by the Decree
- New Chapter on Alternative Enabling Mechanisms.
A new Chapter 6 has been added to Title I of the OGUC, entitled “Alternative Enabling Mechanisms to Authorization or Permit,” regulating the general provisions applicable to these mechanisms.
The Decree defines alternative enabling mechanisms as instruments that, in the cases provided by the General Urban Planning and Construction Law and the OGUC, allow the execution of works without requiring the prior issuance of a permit or authorization by the DOM, including the filing and recording of a sworn statement before such authority.
The use of these mechanisms does not exempt the property owner or the professionals involved from complying with urban planning regulations and all other applicable legal, regulatory, or technical provisions, nor does it modify the liability regime established in the General Urban Planning and Construction Law.
- Types of Sworn Statements.
The Decree regulates the types of sworn statements, which must be executed by the property owner, the architect, and the other professionals involved, certifying under their responsibility that the project complies with applicable regulations and that the supporting documentation is available.
The following types of sworn statements are established:
- Sworn statement of commencement of works.
- Sworn statement of completion of works.
- Sworn statement of completion of works.
The Decree sets forth the minimum required content, supporting documentation, construction timelines, recording procedures, payment of municipal fees, and the DOM’s supervisory powers once the sworn statement has been recorded.
- Cases Where Works May Be Executed Through a Sworn Statement.
Various provisions of Titles V and VII of the OGUC have been amended to replace the requirement of a prior permit with the filing and recording of a sworn statement in specific cases, including, as applicable:
- Certain minor works, extensions, alterations, repairs, reconstructions, and demolitions.
- Certain structures complementary to green areas (such as shade structures, pergolas, restrooms, or tool storage rooms, provided they are not buildings intended for public facilities or similar uses).
- Private swimming pools located at a distance equal to or less than 1.5 meters from the boundary with neighboring properties.
- New works or extensions not classified as minor works, subject to compliance with specific cumulative requirements.
- Construction and/or extension of residential buildings, as well as reconstruction or replacement works, provided they are not located in areas designated for public use, risk areas, restricted zones, buffer strips, or similar regulated areas.
- Entry into force.
The Decree will enter into force 60 days after its publication in the Official Gazette and will apply only to applications and filings submitted to the DOM after its entry into force.
Notwithstanding the foregoing, a special rule applies to areas declared as disaster zones, where the provisions enabling works to be carried out through sworn statements will apply as of the date of publication of the Decree.
Finally, pursuant to Circular No. 101 dated February 23, 2026, issued by the Urban Development Division of the Ministerio de Vivienda y Urbanismo (DDU 532), the official forms for construction in areas declared affected by disaster have been updated to align with the new regulatory framework and incorporated into the applicable system.https://www.minvu.gob.cl/
En caso de requerir información adicional sobre esta materia, puede contactar a Julio Trucco Vera (jtrucco@jdf.cl) y a Germán Guerrero Lehuedé (gguerrero@jdf.cl).
