Chile implements affidavits to streamline construction permits

Works that may be executed through affidavit
Execution through affidavit for commencement of works will be enabled in the following cases:

• Minor works, alterations, repairs, reconstructions, and demolitions established in the OGUC;
• Buildings with purposes complementary to green areas (shade structures, pergolas, sanitary facilities, tool sheds), provided that they do not correspond to equipment;
• Private swimming pools within 1.5 meters from the boundary with neighboring properties;
• Minor works executed under subsidies from the Rural Habitability Program (Construction Typology at Resident Site);
• Expansions of minor works of buildings with equipment use (except health and education), with an occupancy load equal to or fewer than 100 people and with a favorable report from an independent reviewer;
• Expansions of social housing and regularizations of buildings constructed before July 31, 1959; and
• New or expansion works intended for housing in rural areas with housing subsidies, and productive activity or infrastructure projects in rural areas with total built area not exceeding 100 square meters.

Exclusions from the affidavit regime
Works located in the following areas may not be enabled through alternative techniques:
Areas subject to public utility;

• Risk areas;
• Restriction areas, zones, strips, or radii; and
• Protection areas for natural resources of value and cultural heritage.
• In addition, expansion projects with an occupancy load exceeding 100 persons, projects in rural areas for productive activities or infrastructure with an area exceeding 100 square meters, and urbanization or building works that give rise to land transfers are excluded.

Submission and filing procedure
The procedure includes the following main stages:

• Submission of the affidavit and supporting documents through the form provided by the Ministry of Housing and Urban Planning.
• Issuance by the Municipal Building Department, within the third business day following submission, of the municipal revenue assessment for payment of fees.
• Filing of the affidavit and issuance of the stamped and dated filing receipt.
• Once the receipt is issued, the works may be executed and the Municipal Building Department may exercise its oversight powers.

Execution period and validity
The works must be executed within a period of three years, counted from the filing date of the affidavit. If the affidavit for completion is not submitted after that period expires, the property owner must make the submission again to execute the work.

Liability regime
The enabling through affidavit does not exempt the property owner, architect, and other professionals from compliance with applicable legal provisions, regulations, or technical standards. Each professional will be responsible for the documents and plans they sign, within their respective areas of competence. The filing of the affidavit of completion of execution will be considered as the final reception of the works for purposes of the responsibilities established in Article 18 of the LGUC.

Effective date
The provisions of this decree will begin to apply 60 days after its publication in the Official Gazette (that is, on April 24, 2026), applying only to applications and submissions made after that date. However, for areas declared as affected by catastrophe, the provisions are effective from the publication date of the decree (February 23, 2026).
The Ministry of Housing and Urban Planning will publish the affidavit forms on its website. For further detail, the complete text of Supreme Decree No. 10/2026 is available here.

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ArgentinaVivanco & VivancoOct 6