Law No. 20,812 MODIFIES LAW NO. 20,234, WHICH ESTABLISHES A PROCEDURE FOR THE CONSOLIDATION AND REGULARIZATION OF LOGOOS, AND EXTENDS ITS TERM OF VALIDITY. The motion of the Honorable Senators José García Ruminot and Eugenio Tuma Zedan Bill: " Article 1.-Extend for the period of five years, to count from the entry into force of this law, the simplified procedure of regularisation referred to in Article 1 of Law No 20,234. Article 2.-Introduces, in law No. 20.234, which establishes a procedure for the consolidation and regularization of logoos, the following modifications: 1) In article 1: a) Replace the expression "the final reception" by " the permission of the leos or the reception of leos. " (b) Replace the phrase "within three years from its entry into force", as follows: "for the duration of this law". c) Replace the expression "referred to in this law" by "what is established". 2. In the first indent of Article 2: (a) Add, in the numeral 1, following the "2006" guitarianism, the following sentence: " or form part of the land registry that currently serves the Ministry of Housing and Urban planning ". (b) Replace the numeral 2, by the following:" 2. (c) Amend the numeral 4 in the following way: (i) Intercalase the following second paragraph, new, passing the current second paragraph to be third: " The plane of the leos must indicate the lots which are find, in each case, the approximate number of meters constructed, the destination of the buildings and the classification and category to be applied according to the table of unit costs per square meter of construction refers to the previous paragraph. In no case shall the incorporation of such antecedents in the above mentioned plan constitute regularisation of the existing buildings. ' (ii) Replace the second paragraph, which has become third, by another of the following tenor: " Municipal works shall carry out the assessment within a period of 60 days from the respective application for urban property, and 90 days in the case of rural buildings, which shall not be (iii) The following shall be understood as being fulfilled: Fourth paragraph: " Without prejudice to the foregoing, the valuation of the buildings may be carried out by the Housing and Urbanization Service concerned, when the regularization is requested as part of a housing project financed by the Service. ". (d) Replace the second paragraph of the numeral 5, for the following:" In the case of irregular logots located in the areas of risk established in the respective territorial planning instruments, you may request your regularisation provided that a risk assessment is accompanied by identifying the works to be carried out run to mitigate it and allow its use, in accordance with the regulations of urban planning and construction. Such works must be materialized before the final reception. The lotus located in areas of risk may apply to resources of public bodies or funds for the preparation of these studies and to carry out the mitigation works. " 3) In Article 3: (a) Intercalase, in point (a), following the expression "authorities of the locality", the following sentence: " The camps that are part of the cadastre that currently serves the Program of Camps will also be considered interested. of the Ministry of Housing and Urban Planning. ' (b) Reposition (b) by the following: " (b) The plane of the leos subscribed by a competent professional of those referred to in Article 17 of the General Law of Urbanism and Construction, contained in the decree with force of law No. 458, of the Ministry of Housing and Urbanism, enacted in 1975 and published in 1976, on an appropriate scale, drawn up on the basis of a topographical survey which shows the way in which it is accessed, the existing housing and its surface, the lots of common use and the areas for national goods (4) In Article 4: (a) Substitute, in the third subparagraph, the words "the preceding paragraph" by "this law". (b) Replace the fourth indent by the following: " The Regional Ministry of Housing and Urban Planning, for well-founded reasons, may authorize exceptions to the length and width of the routes, roads and sidewalks of the leos, including the reduction of the requirements of paving, if applicable, laid down in the General Law of Urbanism and Constructions. Furthermore, this Regional Ministerial Secretariat may, for substantiated reasons, exempt the leos from the obligation of disposals referred to in the aforementioned General Law of Urbanism and Constructions. All these authorizations must be granted prior to the filing of the application for regularisation with the Directorate of Municipal Works and their antecedents will be part of the file of documents that make up the case. The Regional Secretariat shall decide within a period of 60 days on the request, counted from the time required by the person concerned or by the Directorate of Works. "(c) Replace the sixth paragraph with the following:" Once the Provisional receipt of the leos, the person concerned must comply, within the five-year period, renewable by the single ministry of the law for the same period, the conditions of urbanization lacking in order to obtain the definitive reception. To this end, the Director of Works must leave the corresponding constancy in the certificate of provisional receipt. Likewise, in this certificate must be stated expressly of the prohibition for the lotter to dispose, to give or to transfer to any title the sites of the leos. "d) Reposition, in the seventh indent, the initial prayer" the conditions of urbanization referred to in the second indent ", for the following:" The conditions of urbanization marked on the certificate of provisional receipt are fulfilled ". e) Add the following final point: " Once the provisional receipt is granted, the persons who credit the property of the lots with the corresponding domain inscriptions may choose to regularize the existing buildings in in accordance with the provisions of the General Law of Urbanism and Constructions and their Ordinance, without being required to accredit the final reception of the leos. In addition, they will be able to apply to the housing subsidy programs. "5) Intercalase the following article 5, new, passing the current articles 5, 6, 7, 8, 9, 10 and 11, to be articles 6, 7, 8, 9, 10, 11 and 12, respectively:" Article 5. At the time of the provisional reception, and for the purpose of obtaining the documentation required to start the process of bidding for urbanization projects of the various sources of state financing, the streets, passages and areas will be understood Internal greens which form part of the plane of the leos referred to in point (b) of the Article 3rd have the character of national public goods. Likewise, in order to ensure access to basic services, the necessary easements will be understood in favour of the lots that make up the provision. "6) Reposition, in Article 7, which has become 8th, the reference to" articles " 5th and 6th "by another to" Articles 6 and 7 ". 7) Amend Article 8, which has become Article 9, in the following terms: (a) Intercalase the following second, new point, passing the current second and third points to be third and fourth, respectively: " The programs with state funding for the execution of the missing urbanization works will be able to consider in their regulations special conditions to ensure the eligibility of these applications. "(b) Add the following final point:" Likewise, in accordance with the provisions of Article 33c of the decree with law force No. 382 of the Ministry of Public Works, promulgated in 1988 and published in 1989, which contains the Law General of Health Services, the municipalities, in exceptional and well-founded cases, may conclude agreements with health care companies in respect of lotos that have a certificate of provisional reception and are located within the urban limit according to the territorial planning instruments, with the aim of obtaining the necessary documentation to start the process of running for urbanisation projects. " (8) Substitute Article 11, which has become Article 12, " Article 12.-The Ministry of Housing and Urban Planning, through the Division of Urban Development, shall provide by means of circulars the instructions for the application of the provisions of this law. "9) Incorporate the following Article 13:" Article 13.-For all legal purposes, the housing shall be understood as They have been transferred by the Housing and Urbanization Services pursuant to Decree Law No. 2,833, of the Ministry of Justice, 1979, they have the final reception of their works. The extensions and transformations executed subsequently may be regularised in accordance with the provisions of Law No 20,671 and the general rules. " Having complied with the provisions of Article 93 (1) of the Constitution of the Republic of the Republic, and because I have had to approve and sanction it; therefore, promulgate and take effect as the Law of the Republic. Santiago, January 23, 2015.-MICHELLE BACHELET, President of the Republic.-Rodrigo Penailillo Briceno, Minister of Interior and Public Safety.-Paulina Saball Astaburuaga, Minister of Housing and Urbanism. What I transcribe for your knowledge.-Jaime Romero Alvarez, Undersecretary of Housing and Urbanism. CONSTITUTIONAL COURT Draft law amending Law No. 20,234, which establishes a procedure for the consolidation and regularization of logoos, and extends its term of validity, contained in Bulletin No. 9407-14 The Secretariat of the Constitutional Court, who subscribes, certifies that the Honorable Senate sent the bill enunciated in the rubric, approved by the National Congress, in order for this Court to exercise the preventive control of constitutionality with respect to the same project and Judgment of 13 January 2015, in the cars Role No 2762-14-CPR, is hereby declared: 1. that it is not issued (a) a declaration of a preliminary ruling of constitutionality in respect of the provisions contained in (c) of (c) (2); (c) of (4) and (b) of (7), all of Article 2 (2) of the draft law; issued, because these precepts are not their own constitutional organic law. 2. That no pronouncement is issued, in preventive examination of constitutionality, with respect to the other provisions of the draft law referred to, for not dealing with matters of constitutional organic law. Santiago, 13 January 2015.-Marta de la Fuente Olguin, Secretaría.