The MINVU published Supreme Decree No. 10/2025 on April 25, 2026, which amends the General Ordinance on Urbanism and Construction. The change is no small matter. For the first time, Chilean regulations recognize a mechanism that allows owners and builders to begin works without processing a permit before the Municipal Works Department — instead, an affidavit is filed. This instrument is called Alternative Enabling Techniques, or THA. The reform has a 60-day vacatio legis. THA take effect as of June 24, 2026, with one exception: in areas affected by catastrophe, the mechanism applies from February 23, 2026.
What changed
Before DS No. 10/2025, any work — no matter how small — required a building permit from the DOM. The process could take weeks or months. The new rule creates an express alternative for a closed list of works, where the owner replaces that prior permit with an affidavit. There are three types of affidavit depending on the stage: commencement of works, completion of works, and for auxiliary works. Each has its own technical requirements, which the decree sets out in detail. The works that may qualify for THA are: works subsidized by the State, minor home extensions, regularization of existing constructions, repairs, small-scale demolitions, certain interventions in green areas, private pools located near the property boundaries, and limited-size rural projects. The list is closed — there is no broad interpretation. The exclusions are equally precise. Works in public utility zones, declared risk zones, heritage protection zones, or those involving land cession cannot use THA. Two points are worth making clear from the outset. First: THA do not exempt the owner from complying with current urban planning regulations or from obtaining sector-specific authorizations. If the work requires sanitary or environmental approval, that process remains mandatory. Second: payment of municipal fees remains in place even when using the declarative route. There is no reduction in municipal costs for using the alternative mechanism.
What it could mean for your company
For companies in the construction and real estate sectors, DS No. 10/2025 opens a window of real efficiency, but with a margin of error that should not be ignored. The most direct benefit is the reduction in waiting times for works that qualify. If your company carries out minor housing extensions, repairs, or subsidized projects, the ability to start without a DOM permit can materially shorten startup timelines. In social housing projects or subsidized programs, where execution dates are tied to contracts with the State, that margin matters. That said, the risk lies in incorrect use of the mechanism. THA are a closed list — not a general authorization. If a work is declared under this regime and the DOM later determines that it did not qualify, the owner is exposed to sanctions, stoppage, and possible fines. The affidavit also has a name: the person who signs it is personally responsible for its content. For companies with mixed project portfolios — some eligible under THA, others not — the immediate challenge is to create an internal classification protocol. Without that filter, the pressure to accelerate execution can lead to using the mechanism in cases where it does not apply. A third angle concerns the contractual chain. If your company acts as the principal for works carried out by contractors, you need to review contracts to determine who assumes responsibility for the affidavit and under what conditions. The rule does not settle that point — it leaves it open to the contractual relationship between the parties. Finally, the rural sector has a particular scenario. Limited-scale rural projects are included in THA, but sector-specific authorizations from SAG or other agencies remain required. In those cases, the time saved with the DOM may be more than offset by sectoral processing time.
What you can do
Before June 24, 2026: Review your portfolio of active projects and those in the pipeline to determine which qualify under the categories set out in the decree. The criterion is not whether the work "seems" minor — the decree sets out the assumptions with technical and legal precision. Assign that analysis to someone with regulatory knowledge of the OGUC, not just operational knowledge. Between today and June 23: If you have projects in areas affected by catastrophe, the deadline has already passed: THA apply from February 23, 2026. Check whether any work in those areas should already have been processed under this regime — or whether there are pending projects that can be filed immediately. Before submitting any affidavit: Prepare an internal template that includes the checklist of technical requirements required by DS No. 10/2025, confirmation that the project area is not excluded (public utility, risk, heritage), and identification of the responsible signatory. An incorrect affidavit is not a form error — it is a problem with legal consequences for the person who signs it.
If you need to assess whether your construction or real estate development projects can qualify for the Alternative Enabling Techniques under DS No. 10/2025, schedule a diagnostic meeting with our team at https://calendar.app.google/f13cTubrP12uveuBA This content is informational and does not constitute legal advice for a specific case.