The Ministry of housing and town planning (Minvu) reported in a press release that is preparing a request for reconsideration, after a statement that made the Comptroller General of the Republic of making adjustments to a resolution clearing the way for a portfolio of projects for about US $2,000 million.
«This Ministry is preparing a request for reconsideration, because in our opinion, this statement seeks to define by means of an interpretive exercise the will of the legislator because audited by the Comptroller,» says the the Minvu release.
The communication of the Minvu says concerning the application of the article of the law on transparency of the land market and increases in value by enlargements of the urban boundary and the subsequent circular N ° 413, date 12 September 2018, fifth in the Division of Urban Ministry of housing and urban development.
In this regard, the housing portfolio statement clarifies that «January 2, 2018 the National Congress approved by a large majority the aforementioned law, entering this into effect on 15 August of the same year. «Such a standard validated incentives and conditions referred to in the plans inter-communal and communal regulators from across the country, without distinction».
«Subsequently, Division of urban development, under its powers set out in the General town planning and constructions Act, instructed by the aforementioned circular N ° 413 directorates of municipal works of nationwide application of the article Fifth before designated, in the terms established by the same regulatory body», added the letter.
Concern in the CChC the President of the Chilean Chamber of construction, Patricio Donoso, expressed concern with respect to the opinion of the Comptroller: «with respect to the latter opinion of Comptrollership referred to regulatory or incentive benefits incorporated into planning instruments, believe that it is evidence of the grave institutional crisis that is affecting the development of real estate projects throughout the country and which as Guild have done to show our concern»said to the Third.
Donoso considers that this resolution «puts under questioning the regulatory plans approved prior to the law’s contributions to space public, affecting the legal certainty of hundreds of projects that used incentives in accordance with» in such planning instruments and today are required to which new conditions retroactively. Is, precisely, the retroactive nature of the opinions of Comptrollership which threatens to affect acquired rights and projects that today are inhabited and in development, with the understanding of the validity of the rules that governed its provision, i.e., in the legitimate confidence of the owners’.
From Comptroller also they defended themselves and indicated that «the Minvu must adjust 413 circular because it interprets article 5, which had to validate all incentives and conditions, without considering that this article is directly linked with the» provisions of articles 183 and 184 of the General town planning and constructions Act», and that the opinion find that article 5 °» have consistency, validity and it can be applied, unless it violates current regulations in this matter and there is no discrimination » arbitrary».