On September 23, 2026, Law No. 21,842, dated September 16, 2026, issued by the Ministry of Housing and Urban Development, was published in the Official Gazette. The Law amends Law No. 21,442, which enacted the new Co-ownership of Real Estate Law, with the purpose of implementing additional safety systems to prevent accidental falls from high-rise buildings.
The Law seeks to strengthen the safety of people residing in condominiums, particularly children and individuals at greater risk of falling, by facilitating the installation of protective devices in individual units and requiring safety measures to be implemented in housing units located above the first floor where such individuals reside.
The main amendments introduced by the Law are as follows:
- Prohibition on restricting the installation of safety systems in co-ownership regulations.
A second paragraph is added to letter b) of the first paragraph of Article 8 of Law No. 21,442, establishing that the co-ownership regulations may not prohibit owners, co-owners, tenants, or occupants of units, regardless of their legal title, from installing additional, permanent, and resistant safety systems designed to prevent accidental falls, such as high-strength protective screens, window-opening blocking or limiting systems, or other mechanisms that comply with the instructions issued by the Executive Secretariat for Condominiums.
However, the co-ownership regulations may establish minimum quality standards for such devices, as well as installation and maintenance requirements, in order to preserve the order, uniformity, and safety of the building.
- Obligation to implement safety measures to prevent accidental falls.
A new Paragraph 4 and Article 43 bis are incorporated into Title VII, “Condominium Safety,” providing that the co-owner, tenant, or occupant, regardless of legal title, of a residential unit located above the first floor, where children up to twelve years of age or persons with special needs who are at greater risk of falling reside, must implement appropriate safety measures aimed at preventing accidental falls.
Such measures must be implemented in those areas of the relevant unit, or of common property assigned to the unit for its exclusive use and enjoyment, that pose a risk of falling. This obligation will become enforceable as soon as any of the circumstances described above arises.
- Instructions issued by the Executive Secretariat for Condominiums.
The Executive Secretariat for Condominiums may issue general instructions for the implementation of Article 43 bis, in accordance with Article 97 of Law No. 21,442.
- Duty to inform the property manager.
The co-owner, tenant, or occupant, regardless of legal title, who is required to implement the safety measures must inform the property manager of their installation and provide the corresponding supporting documentation.
- Liability of manufacturers, suppliers, and installers.
The manufacturer, supplier, or installer will be liable for failures or defects in the safety measures in accordance with Law No. 19,496 on the Protection of Consumer Rights, where applicable, without prejudice to any civil liability that may arise under the general rules.
- Entry into force.
The Law entered into force upon its publication in the Official Gazette, that is, on September 23, 2026. However, pursuant to the Transitional Article, the obligation to implement the safety measures established in Article 43 bis will become enforceable once twenty-four months have elapsed from such publication, that is, as of September 23, 2028.
Should you require further information on this matter, please contact Julio Trucco (jtrucco@jdf.cl) and/or Teresita Mex (tmex@jdf.cl).
