MODIFIES THE D.F.L. N ° 458, 1975, GENERAL LAW OF URBAN PLANNING AND CONSTRUCTION, ESTABLISHING RULES REGARDING THE QUALITY OF CONSTRUCTION. -introduce the following modifications in the decree with force of Law No. 458, 1975, General Law of Urbanism and Constructions: 1) Reposition Article 4 °, by the following: " Article 4 °.-The Ministry of Housing and Urbanism shall, through the Division of Urban Development, provide the instructions for the implementation of the provisions of this Law and its General Ordinance, by means of circulars, which shall be kept at the disposal of any person concerned. It shall also, through the Regional Secretariat of the Ministry of Education, monitor the laws, regulations, administrative and technical provisions on construction and urbanisation and interpret the provisions of the instruments of (2) The following changes shall be made in Article 12: (a) The expressions ", in the second instance,". (b) shall be added after the end point (.) which becomes a comma (,) the following expressions: 'in this case the procedure laid down in Article 118 shall apply.' 3. Substitute Article 15, by the following: " Article 15.-If the Urban Development Division of the Ministry of Housing and Urbanism, or the Regional Ministry of Housing and Urbanism, in the performance of their duties or by denunciation The Commission shall, in accordance with Article 1 (1) of Regulation (EU) no 618/respect, provide for the provision of information to the Commission and to the Council of the European Commission. Territorial rules in force in the commune, must request the instruction of the relevant summary (4) Substitute Article 17, for the following: "Article 17, for the legal effects to which there is a place and to the Municipal Council, for its knowledge." 4) Substitute Article 17 17. For the purposes of this law, they are architects, civil engineers, engineering engineers and civil constructors, persons who are legally entitled to exercise those professions. The intervention of these professionals in a construction will require proof that they have a patent in force in the commune of their habitual residence or work. "5) Replace Article 18, by the following:" Article 18.-The first owner the seller of a construction shall be liable for all damages arising from defects or defects in it, whether during its execution or after completion, without prejudice to its right to repeat against those responsible for the construction of the building faults or defects of construction that have caused the damage and damage. The projectors shall be responsible for any errors they have incurred, if damage or damage has been caused. Without prejudice to the provisions of Article 2003 of the Civil Code, the builders will be responsible for the faults, errors or defects in the construction, including the works executed by subcontractors and the use of materials or defective inputs, without prejudice to any legal action which may be brought against suppliers, manufacturers and subcontractors. The legal persons shall be jointly and severally liable with the competent professional acting for them as a project or builder in respect of the damages. The owner-first seller shall be obliged to include in the public deed of sale, a payroll containing the individualization of the projectors and builders to whom the responsibility can be provided according to this article. For legal persons, they must be individualised to their legal representatives. The conditions offered in advertising shall be construed as being incorporated into the contract of sale. The plans and the technical specifications, definitive, as well as the Book of Works referred to in Article 143, shall be kept in a file in the Directorate of Municipal Works at the disposal of the interested parties. The civil liability referred to in this Article, in the case of legal persons who have been dissolved, shall be effective in respect of those who were their legal representatives at the date of conclusion of the contract. The actions to make effective the responsibilities referred to in this article shall be prescribed in five years, counted from the date of the final receipt of the work by the Directorate of Municipal Works. " 6) Replace the article 19 for the following: " Article 19.-The reasons for the actions referred to in the final paragraph of Article 18 shall be processed in accordance with the rules of the summary procedure laid down in Title XI of Book III of the Code of Civil Procedure. However, the parties may submit disputes to the decision of an arbitrator of law who, as regards the procedure, shall have the powers of arbitration referred to in Article 223 of the Organic Code of Courts. The arbitrator shall be appointed by the competent court of law and shall have at least five years of professional practice. "7) Replace Article 20 by the following:" Article 20.-Any infringement of the provisions of this law, to its ordinance (a) the general and the territorial planning instruments to be applied in the respective communes shall be subject to a fine, for municipal benefit, of not less than 0,5% and not more than 20% of the budget of the work referred to in Article 126 of this law. If there is no budget, the judge may arrange for the work to be assessed by an expert or to apply a fine which shall not be less than one hundred monthly tax units. All the above is without prejudice to the cessation or demolition of all or part of the work, as appropriate, unless the fact is a constitutive offence or has a special sanction determined in this law or in another. The corresponding municipality, the Regional Ministry of Housing and Urban Planning or any person may report to the relevant Local Police Court, the failure to comply with the provisions mentioned in the previous. The complaint shall be founded and shall be accompanied by the evidence available to it. The actions relating to the offences referred to in this Article shall be prescribed within two years from the date of receipt of the work. ' (8) Substitute Article 21, as follows: " Article 21.-Infringements of the provisions of Article 21 of the Treaty of this law, of its general ordinance and of the instruments of territorial planning will be of knowledge of the respective Local Police Judge. In the case of liability of legal persons, the provisions of Article 28 of Law No 18.287 shall apply. In the event of dissolution, while the limitation period is pending, the actions shall be continued against those who were their legal representatives on the date of the infringement. ' 9) Replace Article 25, by the following: " Article 25.- Ministry of Housing and Urbanism, in respect of the housing that has state financing for its construction or acquisition, must have, for each program, in the form that the respective regulation determines, the mechanisms that assure the quality of the construction. In these same cases, the Housing and Urbanization Services, directly or through third parties, may be a party to the causes of the actions referred to in the final paragraph of Article 18. " 10. Rule 26. 11. The following sixth and seventh, new points, to Article 116: " The Directorate of Municipal Works, at the request of the person concerned, shall issue a certificate of prior information containing the conditions applicable to the provision of in accordance with the urban planning rules derived from the respective territorial planning instrument. The certificate shall remain valid until the relevant urban, legal or regulatory standards are changed. Without prejudice to the foregoing, they may submit to the approval of the Director of Municipal Works, the preliminary projects of logots and construction works. The application must be accompanied by the background required by the General Ordinance. The approved preliminary draft shall remain in force in respect of the urban conditions of the respective territorial planning instrument referred to in that preliminary draft and with which it has been approved for the purposes of obtaining the (12) The following Articles 116 Bis and 116 Bis A): " Article 116 Bis.-Owners who submit an application for a building permit and a receipt of a permit for construction and reception definitive works, may hire an independent reviewer, natural person or legal registration in a register that for these purposes will maintain the Ministry of Housing and Urbanism. In the case where the building permit or final receipt of works relates to buildings for public use, the hiring of an independent reviewer shall be compulsory. In the performance of their duties, independent reviewers must verify that the preliminary projects, projects and works comply with all the laws and regulations, and must issue the necessary reports for this purpose. However, the independent reviewers will not verify the calculation of structures, which will be the sole responsibility of their projects. The regulation to be issued for the registration referred to in the first subparagraph is (a) the registration requirements, the causes of inability, incompatibility and admonition, suspension and elimination of the registration for non-compliance with its obligations. Without prejudice to such sanctions, independent reviewers shall be responsible for the project. Article 116 (A).-Notwithstanding the second paragraph of Article 116, if the application for a building permit is accompanied by the favourable report of an independent reviewer referred to in Article 116 Bis, the Director of Works Municipal authorities shall grant prior permission to verify that the project complies with the provisions relating to urbanisation works, land transfers, land use, surface, form and site of buildings and other urban requirements. to determine the General Ordinance. In the case of a project referred to a single dwelling, or to one or more progressive dwellings or sanitary infrastructures, the aforementioned report may be issued by the project architect under affidavit. In the cases referred to in this paragraph, the municipal rights referred to in Article 130 shall be reduced by 30%. If the application for permission concerns buildings for public use, the Director of Municipal Works shall review all aspects referred to in the second paragraph of Article 116. If a preliminary draft has been previously approved and the independent reviewer or the project architect, as appropriate, includes in the report referred to in the first paragraph of this Article, the fact that the project is fully adjusted the preliminary draft approved by the Director of Municipal Works, the latter will omit the verification of the antecedents mentioned in that point and will grant without further processing the permit. However, if the Director of Municipal Works will realize that a project that has the favorable report of an independent reviewer or of the project architect does not comply with the laws and regulations, will deny the permission and will put the background to the knowledge of the person concerned for the effects provided for in Articles 20 and 116 of this Law. "13) Reposition Article 118, as follows:" Article 118.-The Directorate of Municipal Works shall have a time limit of 30 days, counted from the filing of the application, to rule on the permits construction. This period shall be reduced to 15 days, if the application for a permit is accompanied by the favourable report of an independent reviewer or of the project architect in his case. If such time limits are not given in writing about the permit or if it is denied, the person concerned may complain to the corresponding Regional Secretariat of the Ministry of Housing and Urbanism. The Regional Ministerial Secretariat, within three working days of receipt of the complaint, shall request the Directorate of Municipal Works to give its decision, if it has not acted or to evacuate the corresponding report in the Case of refusal of permission. The Municipal Works Directorate shall have a period of 15 days to evacuate the report or to issue the resolution, as appropriate. In the latter case and after this new period has expired without any pronouncement, the permission shall be deemed to be refused. The Regional Secretariat, within 15 working days, must decide on the claim and if it is appropriate, the Regional Secretariat shall decide on the permit to be granted in such a case. payment of the duties. The person concerned shall have a fatal period of 30 days in order to deduct the claim referred to in this Article, from the date on which the permit is expressly refused or the time limit for the decision is to expire. " 14) Add the following fourth indent, new, to Article 126: " The Municipal Works Directorates may provide that, at the time of entry of a request for approval of the preliminary draft or permit, an amount not exceeding 10% of the value of the municipal right to be cancelled shall be entered to Article 130. This amount will be deducted at the time of the payment of the permit. "15) Replace the first paragraph of Article 142, for the following:" Article 142.-Correspond to the Municipal Works Directorate to supervise the construction and urbanization works that (16) The following third and fourth, new, points shall be added to Article 142: "The independent reviewers referred to in Article 116 of the Treaty shall also be required to carry out their activities." 16. free access to all the building and urbanisation works to be reported. In addition, after receiving the works, the Municipal Works Directorates may supervise compliance with the rules on the safety and conservation of buildings. " (17) continuation: " Article 143.-During the execution of a work, the builder in charge of the work must ensure that the construction takes the form of management and quality control measures so that it is implemented in accordance with the rules of the General Law of Urbanism and Constructions and the General Ordinance, and adjust to the plans and specifications of the respective project. After completion of the work, the professional must inform the quality management and control measures adopted and certify that they have been applied. The owner may designate a company or a professional other than the builder for the performance of the work mentioned in this paragraph. In the case of buildings for public use, there shall be a technical inspection, independent of the manufacturer, which is responsible for supervising the construction of the work in accordance with the applicable construction standards and the building permit. approved. A Book of Works, in which the instructions and observations on the development of the construction, by the professionals, shall be kept in the place of the work, in permanent and updated form, The following changes shall be made to the project, the builder and the professional referred to in the preceding paragraph, without prejudice to the observations recorded by the municipal inspectors when required. " 18) (a) Intercalase in its first indent between the expressions "supervisor" and "request" the following: ", if applicable," and remove, in the same indent, the phrase "a final inspection of it and". b) Add the following second indent, new, passing the current second indent to be third: " In cases where the work has been reported favourably by the independent reviewer or by the project architect, in accordance with article 116 Bis A), the Director of Municipal Works, without prejudice to the verifications to be carried out by those aspects that are competent to him under the same article, and with the merit of that report stating that the work has been carried out in accordance with the approved project, will be able to receive the work, together with verifying that the certificates relating to the the reception to be set by the General Ordinance. The Directorate of Municipal Works may also, within a period of two years from that receipt, verify that the execution of the project has been carried out faithfully. " Transitional Article.-This law shall begin to apply ninety days after its publication. The modifications introduced by this law to the decree with force of Law No. 458, 1975, General Law of Urbanism and Constructions, will only apply to the permits that are granted after its validity. " Having complied with the provisions of Article 82 of the Constitution of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of Korea, Santiago, September 4, 1996.-CARLOS FIGUEROA SERRANO, Vice President of the Republic.-Edmundo Hermosilla Hermosilla, Minister of Housing and Urbanism. What I transcribe to you for your knowledge.-Salutes intently to Ud., Sergio Galilee Ocon, Assistant Secretary for Housing and Urbanism CONSTITUTIONAL COURT Draft law amending various articles of the D.F.L. No. 458, 1975, General Law of Urbanism and Constructions, in order to promote the quality of the construction The Secretary of the Constitutional Court, who subscribes, certifies that the Honorable Chamber of Deputies sent the bill enunciated in the rubric, approved by the National Congress, in order for this court to exercise the control of constitutionality with respect to the provisions contained in the numeral 6 of the single article, and which, by judgment of 20 August 1996, stated: 1. The provisions referred to in Article 19 (2), replaced by the number 6 of the single article of the draft referred, they are constitutional. 2. That the provisions contained in Articles 20 and 21, replaced by the numerals 7 and 8 of the single article of the draft submitted, are constitutional. 3. That the Court does not rule on the provisions contained in the first paragraph of Article 19, replaced by the numeral 6 of the single article of the draft submitted, for dealing with matters that are not their own constitutional organic law. Santiago, August 28, 1996.-Rafael Larraín Cruz, Secretary.