LEY NÚM. 21.450

APRUEBA LEY ON SOCIAL INTEGRATION IN URBAN PLANNING, SUBLE MANAGEMENT AND HABITATIONAL EMERGENCE PLAN

Bearing in mind that the H. National Congress has approved the following

Bill:

"Article first. Enter the following modifications article 2 of the Act No. 16,391which creates the Ministry of Housing and Urbanism:

1. Replace in the heading the phrase "will take over the country's housing policy" for "will take over the country's housing and urban policy."

2. Replace number 12 by the following:

"12°- Promote the organization and development of housing committees and housing cooperatives, self-construction systems and everything related to them."

3. Intercálanse, then number 14°, the following numerals 15°, 16° and 17°, passing the current number 15° to be number 18°, replacing in number 14° the final expression ", and" by a point and comma:

"15°. Implement housing policies and programmes that are aimed at addressing the housing deficit and urban development of the most vulnerable families and that promote and induce ideally the integration and social and urban inclusion, fostering the placement of houses with optimal quality construction standards, subject to any type of subsidy, in sectors with adequate indicators and standards of quality of life and urban development. All of the above, in accordance with the parameters established by the General Urban Planning and Construction Ordinance and the decrees governing housing programmes for vulnerable families, emerging sectors and means, incorporating a gender perspective in all of them;

16°.- Implement land policies, establishing measures aimed at reducing and containing the housing and urban deficit and promoting the construction and availability of housing of public interest, through the acquisition, destination or normative empowerment of land for the granting of definitive or transitory housing solutions; the impulse of processes of regeneration of neighborhoods or highly segregated or impaired housing packages; or the promotion of processes of refurbishment or rehabilitation of buildings;

17°.- To ensure that land planning instruments include criteria for social and urban integration and inclusion, through urban norms or other requirements or provisions that safeguard or encourage the construction, empowerment or reconstruction of housing for vulnerable families, emerging sectors and the media and that promote equitable access by the population to relevant urban public goods, such as proximity to structural mobility axes, access to public transport services or availability of services."

Article 2 Enter the following amendments Decree Law No. 1.305 of 1975 of the Ministry of Housing and Urbanismwhich restructures and regionalizes the Ministry of Housing and Urbanism:

1. In the article 12:

(a) Add the following letter (p):

"(p) To ensure that territorial planning instruments include criteria for social and urban integration and inclusion, in accordance with article 2, paragraph 17, of Act No. 16.391. The General Ordinance on Urbanism and Construction shall determine the procedure and manner in which this faculty shall be exercised. ".

(b) Replace its second subparagraph with the following:

"The powers established in letters (h), (i), (j), (k), l), (m), ñ), (o) and (p) shall be understood in accordance with article 24. ".

2. Replace the first subparagraph article 24 by the following:

"Article 24. Each Ministerial Secretariat shall be responsible, within its jurisdiction, for the exercise of the powers referred to in the letters (h), (i), (j), (k), (l), (m), ñ), (o) and (p) of article 12, and (f) and (g), when the Ministry of Housing and Urbanism determines that they have units competent to carry out these activities. ".

Article 3. Enter the following modifications Decree No. 458 of 1975 of the Ministry of Housing and Urbanism, General Law on Urbanism and Construction:

1. In the article 27:

(a) Replace in the first paragraph the term "socio-economic" with the following phrase: "social, economic, cultural and environmental, which should include, at all levels, criteria for social and urban integration and inclusion".

(b) Add the following third, fourth, fifth, sixth and seventh subparagraphs:

"In the new intercommunal and communal regulatory plans, in the integral modifications or updates to be made of those existing in accordance with article 28 sexies and in the sectional plans that establish rules for residential areas in communes in which there is no communal regulatory plan, urban regulations or other requirements or provisions that safeguard or encourage the housing development, empowerment or reconstruction of homes for the beneficiaries of the State shall also be contemplated.

Houses of public interest are housing for households that, in view of their socio-economic vulnerability or other factors, require state support or other collaborative or impulse measures that allow them to access an adequate housing solution, whether temporary or definitive. In this category are both projects that finance, promote or promote the Ministry through housing programmes, as well as projects for the population referred to in the preceding paragraph that are promoted by housing cooperatives, non-profit legal persons or other organs of the State Administration, within the framework of their functions and competences.

In order to avoid or reverse the urban segregation of public-interest homes, especially those for the most vulnerable families, the provisions included in regulatory plans should promote the equitable access of the population to relevant urban public goods, such as the proximity to structural mobility axes, access to public transport services or the availability of green areas or public-interest equipment, such as education, health, services, commerce, sport and the availability of public-interest facilities.

In the incorporation of rules of protection or incentive in regulatory plans, the participation of the community should be ensured. In addition, these standards should be consistent with the diagnostic backgrounds that form part of the respective explanatory memory, with the aim that the territorial planning instrument can effectively and in a timely manner address the existing housing deficit.

The General Ordinance may establish periodic reporting and follow-up mechanisms, with the aim of reviewing whether the provisions to address the housing deficit and to safeguard or promote social and urban integration, including in the respective plan by the regional government or the municipality, are generating the expected effects or if they need to be adjusted or modified by those bodies prior to the subsequent update to Article 28 sexies. ".

2. In the article 34:

(a) Add to the third paragraph, following the phrase "to guide and regulate the physical development of the corresponding area", the following: "and to safeguard and promote social integration and equitable access to relevant urban public goods and services".

(b) Reference is made to the following new fourth and fifth subparagraphs, with the current fourth subparagraph being sixth:

"It is up to these plans to ensure that the public infrastructure of an inter-communal scale is used efficiently and equitably, through provisions that promote social and urban integration around the axes of public transport or relevant equipment.

In compliance with the above, the new intercommunal or metropolitan regulatory plans, or their updates or modifications, may establish incentives in the urban regulations applicable in sectors that such plans identify as areas of good accessibility to relevant urban public goods and services, conditioning such incentives to the incorporation of a percentage of public housing. ".

3. In the article 41:

(a) Replace in the first paragraph the term "economic-social" with the following phrase: "social, economic, cultural and environmental and incorporating provisions that safeguard and promote social integration and equitable access to urban public goods and services".

(b) Incorporate the following final subparagraph, new:

"However, for the promotion of urban integration and inclusion, the destinations of long-term establishments for the older adult, day centers for the older adult, sports establishments of neighborhood scale, playgrounds and cot rooms will be understood as complementary to any destination of residential use, including housing, and therefore always admitted in areas that the communal regulatory plan defines with such soil use."

4. Add to second paragraph article 45 the following numerals 4, 5 and 6, new, replacing in numerals 1 and 2 the final expressions ";" and ", and", respectively, by a point:

"4.- Establishment of conditions for the use of the maximum building capacity admitted in or part of a residential area, such as the incorporation of public housing or other requirements aimed at promoting equitable access by the population to relevant urban public goods.

5.- Establishment of policy incentives, respecting the margins referred to in numeral 3, in sectors that already admit the use of residential soil and whose indicators and standards of urban development are deficient according to the parameters established by the General Ordinance. Such incentives should be conditioned on the incorporation of public-interest housing and the fulfilment of additional requirements aimed at the establishment or revitalization of that sector, such as the execution of specific works in the public space or the obligation to allocate part of what is built to certain destinations that benefit the community.

6.- Establishment of policy incentives, respecting the margins referred to in numeral 3, in sectors that already admit the use of residential soil and whose densification potential could be increased in response to existing urban public goods or as a result of investments made by State administration bodies in mobility, public transport, green areas or public-interest equipment. Such incentives should be conditioned on the incorporation of housing of public interest, without prejudice to the establishment of additional conditions to promote equitable access by the population to relevant urban public goods. ".

5. Elimpose in Chapter VII of TITLE II the expressions "PÁRRAFO 1st.- General Provisions", "PÁRRAFO 2°- Partial Expropriation", "Párrafo 3°- Del Pago de la Expropriation", "PÁRRAFO 4°- From the funds for the payment of the expropriations", "PÁRRAFO 99° 84, 85 and 86respectively.

6. Interclude, following Article 86 and before TITLE III, the following CHAPTER VIII, new, called "From the regeneration of neighborhoods or housing units of highly segregated or deteriorated social housings", made up of the following articles 87, 88, 89, 90 and 91new:

"Chapter VIII

Regeneration of neighborhoods or housing units of highly segregated or impaired social housing

Article 87.- The Ministry of Housing and Urbanism, in view of the need for a comprehensive renovation of sectors affected by a high quantitative or qualitative housing deficit and a strong urban segregation, can be accommodated in the special provisions contained in the following articles, when it promotes processes of regeneration of neighbourhoods or housing units.

The regeneration of highly deteriorated or irrecoverable neighbourhoods or housing units requires the approval of an intervention strategy, called the Master Regeneration Plan, composed of actions and works aimed at responding to the problems diagnosed, through the rehabilitation, construction or reconstruction of housing; the provision of community equipment and green areas; the improvement of the standard of urbanization; the management of housing mobility and community organization, among others.

Article 88.- The Master Regeneration Plan corresponds to a public management tool, driven and regulated by the Ministry of Housing and Urbanism and which should be formulated in conjunction with the community and the municipality. Given the need for the actions and works contained therein to be carried out as quickly, efficiently and effectively as possible, its approval is required to be linked to the following normative effects on the territory to intervene:

(a) The Master Regeneration Plan, which is implemented in a sector in respect of which the Regional Housing and Urbanization Service has acquired the totality of existing properties, may contemplate the elimination or replacement of existing public spaces. In this case, these will be disaffected by public use as a result of the publication of the Plan and will be subrogated by the new circulations, squares and parks to be built, transferring the spaces that are disaffected by the respective Regional Housing and Urbanization Service, so that it will lead them to the execution of the works contemplated by the Plan.

The surfaces that the Plan leads to circulations, squares and parks will be considered incorporated into the national domain of public use, once the management of municipal works makes the definitive reception of the corresponding works of urbanization, in line with the provisions of article 135 (a). In addition, made the definitive reception, the surfaces for circulations, squares and parks will automatically become part of the commune regulatory plan, in line with the provisions of Article 69.

(b) The Master Regeneration Plan will be able to contemplate the modification of the applicable urban norms, in order to make it possible to rebuild existing homes and other works of regeneration. In such a case, the Master Plan will correspond to the objective image and explanatory memory of this exceptional modality of modification of the communal regulatory plan and should also include the new applicable policy table.

In order for the Master Plan to generate the effects indicated in the preceding letters, it is required that it be published in the Official Gazette, after the approval of the municipal council and promulgation by decree alcaldicio.

Article 89.- In those sectors protected under the category of Typical Zone or Historical Conservation Zone, or in any of the categories that replace them, the values and attributes by which such areas were protected must be safeguarded. As a result, in such areas of protection of resources of cultural heritage value, Master Regeneration Plans cannot be implemented.

Article 90.- In the context of the development or implementation of the Regeneration Master Plan, the Regional Housing and Urbanization Services may require the respective municipal works management to jointly evaluate, in a single file, some or all the necessary authorizations or permits to set up the new urban form that is covered by the Master Plan. Accordingly, in one act, the disabling of the existing condominiums, the merger and/or subdivision of properties, the granting of or the corresponding permits for the execution of the construction and/or urbanization works and any other administrative act necessary for the refurbishment of the sector may be resolved.

In line with the above, the registrations, annotations and archives of plans to record the disapproval of the regime of real estate, the merger and/or subdivision of real estate or of any other act prior to the granting of the corresponding building or urbanization permits may be carried out, in a successive manner and in the appropriate order, once all applications entered in the municipal direction have been approved.

Accordingly, for the granting of the construction permits and/or urbanization of the works under the Master Plan, it will not be necessary to prove that the corresponding registrations, annotations and archives of plans have been carried out before the Conserver of Real Estate, the Internal Tax Service or another body with competences in the matter, without prejudice to the fact that the initiation of the works will require the entry of the above-mentioned requests to such bodies, and that the procedure be made.

Article 91.- If, during the execution of the works contemplated in the Master Regeneration Plan, any of the beneficiaries fail, the Regional Housing and Urbanization Service may authorize the continuation of the work until its final completion and receipt, even if the procedures for the effective possession and identification of the substitutes of the deceased beneficiaries are in progress. ".

7. Add to fifth paragraph article 162following the point and apart, which becomes followed, the following final prayer:

"Local or municipal ordinances may not limit the presence of kindergartens, long-term establishments and day-care centers of older adults."

8. Get in the article 165 the following final subparagraph:

"The lack of concordance between the destinations admitted in paragraph 1 and those permitted by the regulatory plan will not be causal to the denial or expiration of the municipal patents required for the operation of such destinations. Trades aimed at the sale and/or sale of alcoholic beverages, the establishment of electronic games, pool halls, gambling, video displays or others that provoke annoying noise cannot be accepted. ".

9. Hold on. article 184 by the following:

"Article 184.- Communal regulatory plans will be able to give incentives in the urban norms applied in all or part of their territory conditioned on the development of projects of public housing, public spaces or private spaces open to public use or transit; the improvement of existing public spaces; the materialization, repair or improvement of public facilities; the installation or incorporation of works of art in the public space; the incorporation of equipment and works that contribute to the environmental care;

Compliance with the above conditions will be a requirement for the receipt of projects that are in line with the incentives of urban norms, applying to them the provisions of article 173.

The communal regulatory plan should specify the area in which such incentives will apply. Approval of a plan with these incentives will result in the absence of articles 63, 107, 108 and 109.

However, in those sectors protected under the category of Typical Zone or Historical Conservation Zone, or in any of the categories that replace them, the urban norms established by or established by the regulatory plan must be respected in order to safeguard the values and attributes by which such areas were protected. Therefore, in such areas of protection of resources of cultural heritage value, policy incentives cannot be established. ".

10. Replace the article 184 bis by the following:

"Article 184 bis.- Houses of public interest resulting from the application of the conditions, requirements, benefits or incentives referred to in articles 27, 34, 45, 183 and 184 or other legal regulations shall be unique in the respective building permits and municipal receptions.

Where the dwellings referred to in the preceding paragraph are intended for beneficiaries of public programmes for the acquisition of the domain, the purchase contracts that serve as a title to constitute the domain in an original manner on such housing must be noted that the buyer is a beneficiary of the housing programme of the appropriate State.

The dwellings referred to in the previous subparagraph whose price has been paid exclusively through State support and the minimum savings required, if applicable, may only be sold later and successively to persons who are beneficiaries of any State support for the acquisition of the domain and provided that the time limit for the prohibition of acts and contracts applicable to it has elapsed, in accordance with article 29 of Act No. 17.635. In respect of these sales contracts, the provisions of the preceding paragraph shall also apply.

The beneficiary shall not be able to sell or dispose of the property before the time limit for the prohibition of acts and contracts, but with the authorization of the Regional Director of the Housing and Urbanization Service. In the event of access to the request, the Regional Director shall condition its granting to the restitution of the or the subsidies received, duly readjusted according to the indices or indicators that the legislation provides for the date of restitution. Only in duly justified cases and by a well-founded resolution, the mentioned Regional Director may authorize the sale and disposal of housing prior to the expiry of the prohibition period without requiring the restitution referred to.

Without prejudice to the above mentioned, the respective Regional Director may also authorize the sale and disposal of a dwelling affects a prohibition on the basis of the subsidy received, without requiring the restitution of it, under the following co-educational conditions: (a) that the house is transferred to a beneficiary of the same programme that granted subsidies to the seller or the equivalent program that replaces it, or to a beneficiary of a programme for the most vulnerable households. This housing mobility mechanism will be governed by the regulations issued by the Ministry of Housing and Urbanism.

What is stated in the preceding two subparagraphs will apply to both housing referred to in subparagraph 1 and any other fully or partially funded housing with State resources. ".

Article 4 Approve, until 31 December 2025, the following Law on Soil Management for Social and Urban Integration and the Departmental Emergency Plan:

Having complied with the provisions of article 93, paragraph 1, of the Constitution of the Republic, and since I have had the right to adopt and punish it, therefore, to promute and take effect as the Law of the Republic.

Santiago, May 12, 2022.- GABRIEL BORIC FONT, President of the Republic.- Carlos Montes Cisternas, Minister of Housing and Urbanism.- Izkia Siches Pastén, Minister of the Interior and Public Security.

What I write for your knowledge.- Carlos Araya Salazar, Assistant Secretary of Housing and Urbanism (S).

Constitutional Court

Project on social integration in urban planning, land management and housing emergency plan, for Bulletin No. 12.288-14

The Secretary of the Constitutional Court, who subscribes, certifies that the H. Chamber of Deputies and Deputies sent the bill set out in the heading, approved by the National Congress, in order that this Court exercise the control of constitutionality in respect of number 4 and number 6 (as regards the final paragraph of article 88 and article 90), both numerals of article 3, and of article 8, contained in article 4 of the Draft Law,

It states:

1. That the provisions contained in number 4 and number 6 (as regards the final subparagraph of article 88 and article 90), both numerals of article 3 of the draft law referred by the National Congress, are subject to the Constitutional Organic Law and are in conformity with the Constitution of the Republic.

2. That the provisions contained in article 8, contained in article 4 of the draft law referred to by the National Congress, are in conformity with the Constitutional Organic Law and are in conformity with the Constitution of the Republic, on the understanding that the duty to inform the community referred to in paragraph 1 of article 8 does not include the right of participation established in article 1 final paragraph of the Constitution in respect of the authority of persons to participate with equality of municipal law.

Santiago, April 26, 2022.- María Angélica Barriga Meza, Secretary.