In Chile, beaches, lakes and rivers are considered national goods for use public and, therefore, they belong to all Chileans.
As a result of the increase in conflicts and complaints that have arisen in the current summer season, Automobile Club of Chile developed an educational guide that allows vacationers to be guided on what the law says, what their rights and duties are, and how to report situations that affect their free movement on beaches, rivers and lakes during these vacations.
What the law says:
Can there be private beaches?
Although advertisements can be found in this regard, in Chile There are NO private beaches.
Which sectors of the coastline can be freely accessed?
At beaches, lakes, rivers and seabed can be accessed freely, since they correspond to national assets for public use. For the same, are not subject to appropriation by individuals.
What happens in cases where there is no public access to the sea, lake or river beaches?
Owners of land adjoining sea beaches, rivers or lakes must provide for free access to these, for tourist and fishing purposes when there are no other public roads or paths.
The Regional Government is empowered to set public access roads through private land, prior agreement with the owners, tenants or holders of the land.
Can the owner of a private piece of land prevent third party access to his property from the beach, sea, lake or river?
Only in the event that there is a resolution of the Maritime Authority or a decree of the Ministry of National Assets that sets the highest line of tide or maximum water, as the case may be.
If so, in the place There must be a fence or fence in its extension with a sign that indicates the decree of fixation of the corresponding lineand the fact that it constitutes the boundary between the beach and the private property.
Rights and duties:
Is/can a charge be made for vehicle access and parking on private land adjacent to a beach?
The owners of the private land through which a beach is accessed may charge a fee for entry and parking of vehicleswith the exception of the accesses in which the Regional Government has expressly authorized vehicular traffic.
It is necessary that, to apply these charges, the owner of the property have a municipal permit.
Can you enter the beach by vehicle and travel on it?
The entry and transit of vehicles directly on beaches, beach land and coastal dunes is forbidden in Chile, except prior authorization.
Can I be denied entry to a beach that belongs to a hotel located on the coast?
Noa hotel can not deny entry to the beach. You must enable a step so that everyone can access it.
Can you transit freely in places where there are maritime concessions?
Of course yes. Free transit may only be restricted in those cases in which a certain maritime concession protects facilities that prevent movement over them, or that places the safety of people at risk. These lands must be marked with signs indicating the holder of the same, its nature (beach, rocks, beach land, seabed or portion of water) and the number of the supreme decree that grants it.
Is it possible to occupy the maritime coastline for private purposes?
It can only be occupied by granting a maritime concession by supreme decree of the Ministry of National Defense, mediating a payment of rent and/or fee.
This is the case of docks, berths, ramps, landfills, breakwaters, promenades, pipes, rafts, floating ballas, kiosks, restaurants, beach resorts or sun decks (deckchairs, wooden walkways, fixed sunshades), etc.
Complaints:
How can you denounce the owner, tenant or occupant of a property that denies entry to the sea, lake or river beaches if there is no public access to them?
It can be done through the phone number: 800 104 559, authorized by the Ministry of National Assets for this efects.
Likewise, it is possible to do so by downloading the “Playapp” mobile application, provided by said portfolio so that users can make complaints when there is restricted access.
To what sanctions are the owners exposed who prevent free access to the beaches when this has been defined by the Regional Intendant?
Those who close or obstruct the access roads to the beaches defined by the Regional Mayor can be sanctioned with a tax benefit fine of 10 (548,780 CLP) to 100 UTM (5,487,800 CLP) and 200 UTM, in case of recidivism. .
How can the existence of sea, lake or river beaches be known?
The Ministry of National Assets has a mobile application called “Playapp”, which allows users to search for beaches throughout the national territory, identify their authorized accesses and file complaints when there are restricted accesses.
