As part of our vision of conservation and sustainable use of the unique natural resources in the Chilean Patagonia, we make the subdivisions through a territorial ordering with a conservation purpose. We refuse to alter soil use. Therefore, we want our customers to be partners in the same goal. It is not just a territory but a space that provides multiple tangibles and intangible assets.
We understand the need to decentralize, but also the desire to be part of the solution to global problems, such as climate change; That is why we value our customers very much.
A land sale contract is subscribed in a legal deed format. Then we register the agreement in the official real estate registry. This could be in Coyhaique, Puerto Cisnes or Puerto Aysén, depending on the project´s location.
As a foreign citizen, you will also need a tax identification number, called “RUT”, plus an agent for the purchase. Just because of owning a property in chile you will not become a taxpayer.
The Chilean legal system distinguishes between the ownership (legal right of possession) and the title (instrument that constitutes the evidence of such legal right) of real estate. Flora and fauna policies regulate the protection of high conservation value areas. Such as the protection of species in danger of extinction or some other category of vulnerability, and the mandatory control of harmful exotic species. Flora´s protection regulation forbidden or limit the felling of native forest for commercial or industrial purposes.
During and after the construction of the house, the land must maintain its agricultural and livestock capability. In zones with native wood, the Chilean law aims to the protection, recovery and improvement of native forests. Therefore, is forbidden to chop and mine native forest.
You cannot change the current soil use for economic activity or industry development, such as animal husbandry, lumberyard, hospitality, etc.
Currently, the minimum subdivision allowed is 0.5 hectares or 5,000 square meters. This regulation is being reviewed by the Congress, maybe the minimum will be 3 hectares or 30,000 square meters.
There are many Chilean institutions able to regulate the situations that could take place in the land. For example, the management of waste, whether hazardous or non-hazardous, will be the responsibility of the health authorities. The relationship with workers is regulated by the Department of Labor. In case of water pollution (as the sea or other water bodies) the relevant institutions are the Superintendency of the Environment, the General Directorate of Water, and the Directorate of State Hydraulic Works, of the corresponding local administration (municipalidad).
The title can be under the name of one or more people or even under the name of a company. For that, the number of people who could have a piece of land in common must be at most that which, when the land is subdivided, obtains a half-hectare or five thousand square meters mentioned above. That is a criterion of the respective Conservador de Bienes Raíces, the official real estate registry where the property is registered.
If the person dies, the property will be part of the inheritance of the different heirs (once the inheritance is accepted, after proceeding to control effective possession). If the owner lives in a country other than Chile, there could be situations that will depend on the inheritance regulation established in their respective country.
Any property in Chile, wherever it is located, is subject to eminent domain as long as it is for public utility reasons. That is why, when we verify the Reserva Austral´s projects, we request the certificates from the local and national authorities (Ministerio del Interior), those certificates indicate the places that are not subject to eminent domain. Urban areas are more susceptible of eminent domain because of the public works that affect urban planning.
