On March 16, 2026, Supreme Decree No. 2 of 2026, issued by the Ministerio de Vivienda y Urbanismo (“MINVU”), was published in the Official Gazette. This decree amends the General Ordinance of the General Urban Planning and Construction Law (“OGUC”), whose text was established by Supreme Decree No. 47 of 1992, specifically in relation to the expiration of building permits.

 

1. Overview.

The amendment extends the extraordinary extension period for building permits established in the transitional provision introduced by Supreme Decree No. 33 of 2024, increasing it from 18 months to 30 months. The key aspects of this amendment are summarized below.

 

2. Background.

The General Urban Planning and Construction Law (“LGUC”), contained in Decree with Force of Law No. 458 of 1975 of MINVU, provides in Article 120 that the validity, expiration, and extension of building permits—as well as the effects of work suspension or construction carried out without a permit—shall be governed by the OGUC.

 

In accordance with this mandate, the OGUC regulates the expiration of building permits in Article 1.4.17, establishing that a permit automatically expires three years after its issuance if construction has not commenced or if works have been suspended for the same period.[1].

 

Through Supreme Decree No. 33 of 2024, a transitional provision was incorporated into the OGUC granting an additional 18-month extension to building permits that were in force at the time of its entry into effect and whose works had not yet commenced.

 

3. Content of the Amendment.

The sole article of Supreme Decree No. 2 of 2026 amends the OGUC by replacing, in the transitional provision introduced by Supreme Decree No. 33 of 2024, the term “eighteen” with “thirty.”

 

As a result, the extraordinary extension period for building permits that have not commenced construction is increased from 18 months to 30 months, counted from the entry into force of the transitional provision introduced by Supreme Decree No. 33 of 2024. This represents an additional 12-month extension beyond the originally established period.

 

4. Benefited Permits.

The extraordinary extension applies to building permits that: • Were in force as of the entry into force of the transitional provision introduced by Supreme Decree No. 33 of 2024; and • Had not commenced construction works as of that date.[3].

 

5. Rationale for the Extension.

According to the recitals of the decree, the extension is justified on the following grounds:

 

1. Macroeconomic and financial conditions continue to restrict access to mortgage credit and project financing, delaying the commencement of construction projects.

 

1. The imminent expiration of the previous extension period could lead to inefficient outcomes, such as initiating construction without adequate demand or financing, loss of projects that have already incurred development costs, and negative impacts on investment continuity and employment in the construction sector.

 

1. The extension provides regulatory certainty to project developers and Municipal Works Directorates, enabling a gradual scheduling of construction starts in line with actual market recovery, without modifying applicable technical and urban planning requirements.

 

6. Final Considerations.

The following key implications can be drawn:

 

2024. • Building permits that were in force as of the entry into force of Supreme Decree No. 33 of 2024 and had not commenced construction now benefit from a total extraordinary extension period of 30 months, instead of the original 18 months, counted from September 30, 2024.

 

1. • The amendment does not modify the technical or urban planning requirements applicable to already granted permits; it only extends their validity period.

 

1. • The general expiration rule set forth in Article 1.4.17 of the OGUC (three years without commencement or with suspension of works) remains unchanged.

 

1. • This is an exceptional, general, and objective measure, applicable to all projects meeting the established conditions, regardless of their type or location.

 

2026. • The amendment entered into force upon its publication, i.e., on March 16, 2026.

 

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).

 

[1] Para tal efecto, y de conformidad con el mismo artículo, una obra se entenderá iniciada una vez realizados los trazados y comenzadas las excavaciones contempladas en los planos del proyecto.

[2] Esto es, al 30 de septiembre de 2024.

[3] Para efectos de su aplicación y cómputo del plazo, se sugiere revisar la publicación de JDF de fecha 4 de marzo de 2026, sobre la DDU N°533 que instruye criterios para el cómputo y aplicación uniforme de la prórroga extraordinaria de los permisos de construcción (antes de 18 meses, hoy 30). https://www.linkedin.com/posts/jara-del-favero-abogados_alerta-inmobiliaria-activity-7435420051031232512-usMt?utm_source=share&utm_medium=member_desktop&rcm=ACoAAC6NQ70BwyyccAVM53vpfTC_V6Kdqar10go