In an opinion issued by the Comptroller's Office, he ratified a circular of the MINVU that prevents approval of "continuous construction" in a sector with no height limit. The affected Companies lodged protection resources for the opinion that they consider "arbitrary and illegal."
The Comptroller's Office last November issued an opinion indicating that 49 Central Station real estate projects obtained their permission from the Municipal Works Directorate (DOM) "in contravention of the applicable regulations" so it invalidated the authorizations issued
Our controller determined it by means of the ratification of the 2013 Circular 203 DDU 313 of the Ministry of Housing (MINVU), which prevents "continuous construction" in an area that has no height limit , as is the case of the sector between the streets of April 5, Ecuador, Exposition and the Grates, where some 38-story towers even share facade.
According to Mercury, this week the Central Station DOM notified the 31 affected real estate companies that permissions approved between 2013 and 2017 were invalidated, among them the works that still do not begin, others that are in the middle of jobs and others that are finished or at the final reception.
Mayor Rodrigo Delgado indicated in the morning that the municipality and the DOM "have been instructed by the Comptroller's Office" after informing the companies and making a summary in the direction to determine if there are official responsibilities.
He asserted that a new communal regulatory plan is being prepared and is expected to be bidding next March, while streets that had no high limitation now have a standard of between 4 and 12 floors.
Real estate at minced
However, some real estate agents such as Fortaleza, Eurocorp and Inmobilia brought protection resources to the Court of Appeals of Santiago against the effects of the Comptroller's Opinion – which was used to curb projects for a sum exceeding one billion of dollars – and prevent the administrative path of invalidation of permits.
One of the affected companies claims to have 18 of 31 floors built with a permit that was approved before the MINVU issued the DDU 313, so that in its appeal it asks to leave the action of the # 39 ; we are contralor to be "arbitrary and illegal" or that prevents its retroactivity.
The president of the House of Construction, Patricio Donoso, agreed with this approach, considering that the interpretation of the Comptroller's Office "goes beyond its attributions" and also "affects the legal certainty necessary for the development of any project."
For its part, the Foundation Defender of the City filed another appeal in the same Court against the municipality and the DOM of the commune to ensure that the opinion of the Comptroller's 44.959 and the most recent, in addition to doing so, Starting from the shares of real estate.
The chairman of this organization, Patricio Hermann, stated to the Mercury that about 75 permits were granted, and considered symptomatic that they were all in an area without a regulatory plan, so it is possible that this topic will reach even to the Supreme Court, with support towards the Comptroller's Office.
Nevertheless, Hermann indicates that "it is not going to demand demolición" since according to it explained this in Chile it is not applied.
JLB / AtonChile