6 June 2025 • 3 minute read
Chile issues new guidelines for implementing the law on streamlining construction permits
Chile’s Ministry of Housing and Urban Development issued Circular Ord. No. 212, DDU 525 (Circular) on May 30, 2025. The Circular elaborates on and defines the provisions that came into effect on the same date under Law 21.718, which is aimed at streamlining construction permits.
The Circular introduces instructions regarding new publicity requirements, special deadlines for permit processing, rules for negative administrative silence, and a revamped system for urban planning appeals.
Below, we highlight key provisions from the Circular.
- Public disclosure of permits and authorizations: Municipalities are now required to publish on their websites a resolution issued by the corresponding Municipal Works Directorate (DOM). This resolution must include a full list of permits and authorizations granted in the previous month, along with any modifications, such as building and urbanization permits, land use changes, subdivisions, and preliminary project approvals. Each administrative act must also be accompanied by a copy. This publication is crucial, as it creates a legal presumption of awareness. Deadlines for filing appeals start from the date of publication.
- Special deadlines for permit issuance: The law sets a special 60-day deadline for the DOM to respond to construction permit requests for projects with an occupancy load of 1,000 people or more.
As a general rule, the DOM has 30 days from the submission of the application and supporting documents to issue a decision. However, the Circular states that if the application includes a favorable report from an independent reviewer, the deadline is cut in half (15 or 30 days, as applicable). - Negative administrative silence: If the DOM fails to respond within the specified timeframes, the applicant may declare the permit denied by submitting a written notice to the authority, invoking negative administrative silence. This submission marks the end of the process and triggers a 30-day window to file an appeal with the Regional Ministerial Secretariat of the Ministry of Housing and Urban Development (SEREMI MINVU).
- New urban planning appeals system: The law introduces a new administrative appeal process before SEREMI MINVU for urban planning illegality claims, replacing the previous municipal illegality appeal for DOM actions. The Circular outlines the features of this new process:
- Administrative phase: The claimant must file the appeal with SEREMI MINVU within 30 calendar days from the act's publication or notification, or from the date negative administrative silence was invoked. SEREMI MINVU has 40 business days to issue a decision. It may annul the challenged resolution or instruct the DOM to replace, amend, or take corrective measures to address the violation.
- Judicial phase: SEREMI MINVU’s decisions on appeals can be challenged before the Court of Appeals. While an appeal is pending, the DOM must refrain from initiating reviews or invalidations of the same act.
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