Building "regularization"

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nosaj
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Building "regularization"

Post by nosaj » Wed Dec 02, 2020 8:42 pm

Hi everyone,
We have been looking at quite few properties here in the Los Lagos region, some with building and others without.
We keep running into the same question with properties with buildings on it. It seems that in rural areas, noone has actually built with plans or registered the buildings?
The question is...... is it possible to register /regularize these buildings after the fact? Or is it not really worth doing in rural areas?
Thanks

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Re: Building "regularization"

Post by admin » Wed Dec 02, 2020 9:04 pm

nosaj wrote:
Wed Dec 02, 2020 8:42 pm
Hi everyone,
We have been looking at quite few properties here in the Los Lagos region, some with building and others without.
We keep running into the same question with properties with buildings on it. It seems that in rural areas, noone has actually built with plans or registered the buildings?
The question is...... is it possible to register /regularize these buildings after the fact? Or is it not really worth doing in rural areas?
Thanks
That is a "how long is a piece of string" question. :lol:

In general, the answer is yes.

However, it depends on a lot of things, often very specific to the city / county where the building is located. Some municipalities are pretty easy to get them fixed; others, nearly impossible. Some of the really problematic ones, simply waiting for change of mayor / administration might be the only way to get it done (if ever).

You also have to watch out for things like various subdivisions / community structures. There can be restrictions on getting permits for example because the community does not have a registered water system that building permits can be issued against. There is can also be restrictions from the community itself (e.g. houses under a certain size, or too many structures on one lot, etc).

All that needs to be checked in a title search before you buy a property with a structure on it.
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nosaj
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Re: Building "regularization"

Post by nosaj » Thu Dec 03, 2020 7:41 am

Thank you for the answer.. And probably the reason I get so many different answers is because as you say.."how long is a piece of string" kinda question.. It's totally up to the area. I have refrained from looking at parcelas in "condominiums" because of the building restrictions/guidelines these communities generally have.. And on the particular property we are interested in we did an "estudio de titulos" and there isn't any building restrictions on the property as far as we can tell.. The agent obviously thinks it's no problem at all 🙄
Thanks again 🙏

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Re: Building "regularization"

Post by admin » Thu Dec 03, 2020 9:20 am

nosaj wrote:
Thu Dec 03, 2020 7:41 am
Thank you for the answer.. And probably the reason I get so many different answers is because as you say.."how long is a piece of string" kinda question.. It's totally up to the area. I have refrained from looking at parcelas in "condominiums" because of the building restrictions/guidelines these communities generally have.. And on the particular property we are interested in we did an "estudio de titulos" and there isn't any building restrictions on the property as far as we can tell.. The agent obviously thinks it's no problem at all 🙄
Thanks again 🙏
There is always building restrictions. Everywhere in the country. Some are national. For example, no more than three habitational structures on a rural agricultural lot. Does not matter if it is 5,000 hectars or 5,000 square meters. There is ways to rezone to get around that, but each property needs to be evaluated individually.

and NEVER EVER take what a real estate agent tells you at face value.

Quick example,

About 15 years ago, we were talking to the adminitrator of a local votech school. She told us about them buying a building for their school. The real estate agent assured them that it was zoned "commercial", and because it was smack in the middle of dowtown of a fairly large city, that would sort of make sense. They baught it for 3 million dollars.

Guess what?

It was not zoned commercial, and they spent several years going around and around to get the permits so they could operate their school.

Someone tells you there is a building permit, your title search should include an orginal and current copy of the permits from the county / city; that is along with such things as certificates of expropriation, leans, etc If it does not, the title search should explain why there is no permit.
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Re: Building "regularization"

Post by admin » Thu Dec 03, 2020 9:59 am

oh, and don't expect the building permits to mean much on a practical level.

Pretty sure I told this story before, but probably worth a repeat.

The house I currently live in, when we were negotiating the purchase we discovered it had no building permits. As we were planning to buy it with a bank mortgage, and typically banks require building permits (they seem to have relaxed that in recent years), we wanted all the documents in order.

We cut a deal with the seller to pay for getting the permits. we hired a young architect to deal with permitting process.

I go out to the property to meet with her.

so she shows-up, and brings a friend that is supposedly an engineer and an expert in septic and water systems. Part of the permiting process is the health permits.

I am following them around the property for like half hour. They are sort of aimlessly wondering around, and I am not really paying attention to what they are doing. I finally got impatient, realizing this should not be taking this long. I asked them what was up.

They say they can not find the septic system or the water system.

what?

I took one glance around the yard, and pointed at the super green thick patch of grass, and a slight dip in the yard that ran to the road where the soil had compacted. I am no expert in septic systems, but I have seen a few installed, seen a few problems with them, etc. I have installed water systems and wells on my properties before. So I know what they look like and how to find them. obviously, those girls didn't.

Somehow though they got the permits through the city building department. I think their major qualification was being two fairly atractive young women. cost about a million pesos in that case.

Moral to the story, building permits in Chile, for the most part, don't really mean much as far as certifying quality or safty of construction.

In that situation, I was not terribly concerned about what they meant beyond getting the paperwork done as the seller was paying for it. I was going to renovate the house completely, replace the septic, water, and eletric system, anyway. I don't care who installed it, for my own piece of mind I wanted to know what was under the ground and in the walls, as those are systems you never want to have a problem with.
Spencer Global Chile: Legal, relocation, and Investment assistance in Chile.
For more information visit: https://www.spencerglobal.com

From USA and outside Chile dial 1-917-727-5985 (U.S.), in Chile dial 65 2 42 1024 or by cell 747 97974.

nosaj
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Re: Building "regularization"

Post by nosaj » Thu Dec 03, 2020 2:01 pm

admin wrote:
Thu Dec 03, 2020 9:59 am
oh, and don't expect the building permits to mean much on a practical level.

Pretty sure I told this story before, but probably worth a repeat.

The house I currently live in, when we were negotiating the purchase we discovered it had no building permits. As we were planning to buy it with a bank mortgage, and typically banks require building permits (they seem to have relaxed that in recent years), we wanted all the documents in order.

We cut a deal with the seller to pay for getting the permits. we hired a young architect to deal with permitting process.

I go out to the property to meet with her.

so she shows-up, and brings a friend that is supposedly an engineer and an expert in septic and water systems. Part of the permiting process is the health permits.

I am following them around the property for like half hour. They are sort of aimlessly wondering around, and I am not really paying attention to what they are doing. I finally got impatient, realizing this should not be taking this long. I asked them what was up.

They say they can not find the septic system or the water system.

what?

I took one glance around the yard, and pointed at the super green thick patch of grass, and a slight dip in the yard that ran to the road where the soil had compacted. I am no expert in septic systems, but I have seen a few installed, seen a few problems with them, etc. I have installed water systems and wells on my properties before. So I know what they look like and how to find them. obviously, those girls didn't.

Somehow though they got the permits through the city building department. I think their major qualification was being two fairly atractive young women. cost about a million pesos in that case.

Moral to the story, building permits in Chile, for the most part, don't really mean much as far as certifying quality or safty of construction.

In that situation, I was not terribly concerned about what they meant beyond getting the paperwork done as the seller was paying for it. I was going to renovate the house completely, replace the septic, water, and eletric system, anyway. I don't care who installed it, for my own piece of mind I wanted to know what was under the ground and in the walls, as those are systems you never want to have a problem with.
Ah OK, this story actually helps me understand it allot better.. Moral of the story is that it seems it is very common for buildings to be built here without getting the plans approved but it is possible to get them through if you hire the "right" people.. Two pretty girls may help 😂
OK at least it isn't the end of the world if there is an unregistered building.. In South Africa this can result in HUGE fines..
Also a friend spoke of some law that comes around every 4 years or so.. He called it "monkey law" 🤣🤣🤣 and that supposedly allows you to then register buildings that were unregistered?
This is all very strange.. I'm more used to having building laws that are more stringent..

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Re: Building "regularization"

Post by admin » Thu Dec 03, 2020 2:10 pm

There is no "monkey law". Never heard of that.

probably a tung and cheak reference to the local election cycle.

There are fines and they can order the demolition of buildings, it is just rarely done.

those however are more applied inside uraban zones.

There are much more stringent building restrictions on large buildings in urban centers, mostly focused on things such siesmic and fire codes.

If they are going too be lax in enforcing the natiinal codes, it is typically in rural single family homes.
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fraggle092
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Re: Building "regularization"

Post by fraggle092 » Fri Dec 04, 2020 9:17 am

nosaj wrote:
Thu Dec 03, 2020 2:01 pm
Also a friend spoke of some law that comes around every 4 years or so.. He called it "monkey law" 🤣🤣🤣 and that supposedly allows you to then register buildings that were unregistered?
Ley del Mono

Why Ley del Mono ?

Para explicar el origen del sobrenombre, es preciso indicar que en Chile, “hacer un mono”, significa coloquialmente hacer un dibujo.

https://www.buenainversion.cl/blog/ley-del-mono/
I voted Rechazo!

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Re: Building "regularization"

Post by admin » Fri Dec 04, 2020 3:59 pm

fraggle092 wrote:
Fri Dec 04, 2020 9:17 am
nosaj wrote:
Thu Dec 03, 2020 2:01 pm
Also a friend spoke of some law that comes around every 4 years or so.. He called it "monkey law" 🤣🤣🤣 and that supposedly allows you to then register buildings that were unregistered?
Ley del Mono

Why Ley del Mono ?

Para explicar el origen del sobrenombre, es preciso indicar que en Chile, “hacer un mono”, significa coloquialmente hacer un dibujo.

https://www.buenainversion.cl/blog/ley-del-mono/
:lol: :lol: :lol: :lol: :lol:
Spencer Global Chile: Legal, relocation, and Investment assistance in Chile.
For more information visit: https://www.spencerglobal.com

From USA and outside Chile dial 1-917-727-5985 (U.S.), in Chile dial 65 2 42 1024 or by cell 747 97974.

nosaj
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Posts: 31
Joined: Thu Jul 11, 2019 9:01 am

Re: Building "regularization"

Post by nosaj » Sun Dec 06, 2020 7:55 am

fraggle092 wrote:
Fri Dec 04, 2020 9:17 am
nosaj wrote:
Thu Dec 03, 2020 2:01 pm
Also a friend spoke of some law that comes around every 4 years or so.. He called it "monkey law" 🤣🤣🤣 and that supposedly allows you to then register buildings that were unregistered?
Ley del Mono

Why Ley del Mono ?

Para explicar el origen del sobrenombre, es preciso indicar que en Chile, “hacer un mono”, significa coloquialmente hacer un dibujo.

https://www.buenainversion.cl/blog/ley-del-mono/
Ahh... OK that makes more sense now! Thank you for the links it is super helpful!

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