The Ministry of Housing, Construction and Sanitation (MVCS) will present a bill that will allow regulating the horizontal property regime in those buildings such as buildings, housing complexes and other types that have been developed in recent decades, which share common goods and services.
This was announced by the Vice Minister of Housing and Urbanism, Cecilia Lecaros, who pointed out that the sector has been preparing a project for the Horizontal Property Regime Law, which, in addition, will determine the regulatory framework to resolve possible disputes or discrepancies between owners. of real estate units that share common goods and services related to their administration.
The deputy minister mentioned that the MVCS frequently receives inquiries from citizens about problems of coexistence between owners, landlords and possessors, the collection of economic obligations of the owners, the lack of recognition and legal representation of owners, complicated procedures to register the properties before Public Registries , lack of internal regulations or a board of owners, among others.
It should be noted that the regime of exclusive property and common property is currently regulated by Law 27157, which dates back to 1999. Due to the fact that the real estate market and the type of buildings have changed drastically in the last two decades, it is necessary a legal framework that adequately regulates them.
Among other aspects, it will be established in the normative proposal that the internal regulations of a building or housing complex be considered a mandatory legal instrument, which regulates the rights and obligations of the owners, and the list of common goods and services.
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In addition, the procedures will be established so that the owners’ meeting approves the execution of overbuilding works (building on the roofs) or subbuilding works (building new basements), expansion and remodeling, prior to the application for the municipal license.
It is worth mentioning that once its preparation in the MVCS is completed, the bill will be sent to the Council of Ministers, for its approval and subsequent referral to the Congress of the Republic, where it must be debated and, eventually, approved.
