The Circular seeks to clarify the scope of Article 70 in the design and processing of projects with multiple condominiums.
On July 7, 2025, the Executive Secretariat for Condominiums of the Ministry of Housing and Urban Development issued Ordinary Circular No. 28/2025, which provides instructions on the application of the Real Estate Co-ownership Law.
This circular, issued in accordance with the authority established in Article 97 of the same law, responds to various inquiries and aims to clarify the scope and application of Article 70.
The main contents are highlighted below:
Maximum limit on housing units:
- From January 1, 2024, new social housing condominiums may not exceed 160 housing units.
- This general rule must be respected in all types of procedures and processes.
Joint evaluation and processing:
- Several condominiums may be planned on the same plot of land, provided that each one complies with the limit of 160 units.
- Such projects may be evaluated and rated jointly by SERVIU.
- The Municipal Works Department may be requested to process the necessary permits jointly and simultaneously, including subdivisions, lot divisions, and building permits.
Independence and autonomy requirements:
- Each condominium must have direct access to a national public property.
- It must comply with urbanization requirements (facilities, green areas, circulation) and have its own co-ownership regulations and administrative bodies.
- The design of opaque enclosures that promote coexistence between independent condominiums is permitted.
Operational aspects of processing:
- Applications must be submitted simultaneously using standard national forms, with express reference to the application of Article 70.
- Processing methods not provided for in Article 70 are accepted, provided that the limit on units per condominium is respected.
- Joint processing may be carried out under rules for simultaneous construction or subdivision followed by individual permits.
Validity and preferential application:
- Article 70 is fully in force and its application is direct, without the need for complementary regulations.
- It has special status with respect to other provisions of the law, by virtue of Title XII on Public Interest Housing Condominiums.
This circular is a guide for the design and processing of housing projects that include multiple condominiums on the same land.
Construction companies and real estate agencies are advised to review its content in detail and adapt their applications in accordance with its provisions.
You can review the complete Circular at the following link:
For more information on these issues, please contact our Corporate and Business team:
Álvaro Rosenblut | Partner | arosenblut@az.cl
Stephanie Cruz | Legal & Business Director | scruz@az.cl
Vicente Martínez | Senior Associate | vmartinezw@az.cl
Raimundo Busquet | Associate | rbusquet@az.cl
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