According to the opinion of the Director-General's Office, he ratified the Minchi Circular, which prevents the sector from being approved without a height restriction. The affected companies filed for protection, asking for an opinion they considered 'arbitrary and illegal'.
Last November, Comptroller's Office issued an opinion stating that 49 Central Station real estate projects had received permission from the Municipal Construction Directorate ("DOM"), "in violation of applicable regulations", thereby revoking the permits issued.
The regulator was the ratification of the Ministry of Housing (Minvu) Circular 203 DDU 313 ratification, which makes 'continuous construction' impossible in an area with no altitude limit, as is the case for the street between April 5 in Ecuador, Exposición y las Rejas, where some 38 floors towers even divide the facades.
As reported by El Mercurio, since this week the Central Station DOM has announced to 31 affected real estate companies that approved approvals from 2013 to 2017 have been found to be invalid, among those not yet under construction, others in the middle of the workplace and others in the middle. completed or at the time of final reception.
Mayor Rodrigo Delgado said in the morning that the municipality and the DOM "have followed the controller's instructions" to inform companies and provide a summary to determine whether there are formal responsibilities.
He confirmed the preparation of a new public utilities plan, and is scheduled to launch a competition in the next March, while streets with no altitude limit will have a standard of 4 to 12 floors.
Real estate tailspin
However, some real estate companies, such as Fortaleza, Eurocorp and Inmobilia, appealed to the Santiago Court of Appeal against the consequences of the Comptroller ruling, charged with stopping projects for over $ 1 billion, and preventing administrative cancellations.
One of the affected companies argues that 18 out of the 31st floors were built with a permit approved by the DDU 313 before mine, so in its appeal it requests that the controller be rendered ineffective because it is "arbitrary and unlawful". "Does it prevent his retrospective.
President of the Chamber of Construction Patricio Donoso agreed with this approach, believing that the Controller's interpretation goes beyond "his powers" as well as "influencing the legal certainty required for the development of any project."
The Foundation, in turn, defended the city, which appealed to the municipal and municipal DOMs in the same court to ensure that the Rector's Opinion no. Real Estate.
President of this unit, Patricio Hermann, told El Mercurio that about 75 permits have been granted and considers it symptomatic that everyone is in the area without a regulatory plan, so it is possible that this issue even goes to the Supreme Court, the controller.
However, Hermann points out that "demolition will not be required" because he explained that this is not the case in Chile.
JLB / AtonChile