Chile implements affidavits to streamline construction permits

On February 23, 2026, Chile published Supreme Decree No. 10/2025 (Decree) in the government’s Official Gazette, amending the General Urban Planning and Construction Ordinance (OGUC) to enable alternatives to permits or authorizations for the execution of construction works. In addition, the amendment fulfills the requirement established in Law No. 21,718 on the streamlining of construction permits, published on November 29, 2024.

The Decree introduces significant modifications to the OGUC, such as by allowing, in certain cases, the execution of certain works through the filing of affidavits and the replacement of the Municipal Building Departments with a system of widened professional responsibility and subsequent oversight. These changes aim to reduce timelines and administrative burdens on the Municipal Building Departments.

In this alert, we highlight the implementation of affidavits established by the Decree.

Context and objectives of Law No. 21,718

Law No. 21,718 on the streamlining of construction permits aims to simplify administrative construction procedures and reduce timelines and burdens for property owners. The amendment to Article 116 of the General Law of Urbanism and Construction (LGUC) altered the existing permit system, empowering the OGUC to establish exceptions in which the development of works without a traditional building permit is enabled, allowing for the categorization of projects according to their complexity.

Alternative enabling techniques: Affidavits

Alternative enabling techniques are instruments that, in the cases indicated by law and the OGUC, enable the execution of construction works without requiring authorization or permit from the Municipal Building Department. Among these techniques is the submission and filing of an affidavit, which corresponds to a document signed by the property owner, the architect, and other intervening professionals, who declare and certify, under their responsibility, that the works comply with urban planning regulations and all applicable provisions.

Types of affidavits

The new regulation establishes the following types of affidavits:

• Affidavit for commencement of works: Enables the beginning of the execution of works after payment of the corresponding municipal fees.


• Affidavit for completion of execution: Must be submitted once the works are finished and is equivalent, for purposes of the responsibilities referred to in Article 18 of the LGUC, to the final reception of the work.


• Affidavit for auxiliary works: For the execution of auxiliary works necessary during the processing of a permit or after the filing of the affidavit for commencement of works.

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:

1. Submission of the affidavit and supporting documents through the form provided by the Ministry of Housing and Urban Planning.


2. Issuance by the Municipal Building Department, within the third business day following submission, of the municipal revenue assessment for payment of fees.


3. 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.

For more information, please contact the authors.

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