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How to regularize your property with the Ley del Mono (Law No. 20.898)?
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How to regularize your property with the Ley del Mono (Law No. 20.898)?

december 26, 2024Por Duncan

If you own a self-built house or a property without final approval, the Ley del Mono (Law No. 20.898) provides a simplified path to regularize it. The law creates special procedures for homes built without permits or without final municipal approval, allowing eligible owners to access benefits such as state subsidies if they meet the established requirements.

This article explains how the regularization process works, the required documentation, and the conditions you must meet to regularize your property before the December 31, 2025 deadline.

What is the Ley del Mono and how does it benefit property owners?

Law No. 20.898, known as the "Ley del Mono", was created to regularize self-built houses in Chile. Its main goal is to enable properties that lack permits or final approval to become regularized, improving access to basic services and eligibility for state subsidies. Regularization under this law also promotes better habitability and structural safety and helps properties comply with urban planning regulations.

The law sets a deadline for regularization until December 31, 2025. If your property meets the law's requirements, you can apply within that period.

Title I of the Ley del Mono: Requirements and conditions

Article 1 specifies the requirements that a house must meet to qualify for regularization. These include:

  • Construction date: The house must have been built before the law was published.
  • Location: The property must not be located in declared risk areas nor on public utility or national property land.
  • Fiscal appraisal: The house must not exceed 1,000 UF in fiscal appraisal.
  • Habitable area: The house area must not exceed 90 m², with some exceptions for subsidized homes.
  • Minimum standards: The property must meet habitability, fire safety, and structural stability standards.
  • No pending claims: There must be no unresolved urban planning claims before the municipal works department.

The law also defines specific habitability criteria, such as a minimum ceiling height of 2 meters, adequate ventilation, and fire resistance requirements for attached houses.

Article 2: Regularization request

Article 2 outlines the procedure for requesting regularization. Owners must submit the following documents to the municipal works department:

  1. A simple declaration from the owner confirming ownership and the absence of claims.
  2. Technical specifications: sketches, site plans, and scaled plans showing the layout and measurements, signed by an architect.
  3. A report from a competent professional (for example, an architect) certifying that the house complies with habitability, safety, and stability standards and is not located on prohibited land.
  4. A fiscal appraisal certificate issued by the Internal Revenue Service.

After submission, the municipal works department will review the request and, if the documentation is complete and compliant, issue the regularization certificate within 90 business days.

Article 3: Regularization of houses larger than 90 m²

Article 3 extends the procedure to houses up to 140 m² and with a fiscal appraisal up to 2,000 UF. These properties may be regularized if they meet the following conditions:

  • Location in urban or rural areas (excluding subdivisions approved under Decree Law No. 3.516 of 1980).
  • Compliance with habitability, safety, and structural stability standards.
  • Provision of basic services such as electricity, potable water, sewage, and gas.
  • Submission of the required documents and, in some cases, a structural calculation project; municipal fee discounts apply depending on construction value.

Additional benefits

  • Discount on municipal fees: a 75% discount if the construction value does not exceed 400 UF; a 50% discount if it exceeds that amount.
  • Total exemption of fees: full exemption for owners over 65 years old or those with a resident registered in the National Disability Registry.

Conclusion

The Ley del Mono (Law No. 20.898) offers a practical route to regularize self-built homes in Chile, enhancing habitability, safety, and access to services. If your property meets the law's conditions, consider regularizing it before December 31, 2025.

How can Produncan help you with legal advice to regularize your property?

Regularizing a self-built home or a property without final approval can involve legal and technical steps. Produncan provides expert legal advice throughout the regularization process to help you meet the requirements of Law No. 20.898 and ensure compliance with urban and safety standards.

Regularization may also allow access to state subsidies and can improve your property's market value. Take advantage of this opportunity to regularize your property.

Contact us here: https://produncan.cl/en/contact/

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