On July 23, 2024, Exempt Resolution No. 4,788 from the Ministry of Agriculture (hereinafter referred to as the “Resolution”) was published in the Official Gazette. This Resolution regulates the procedure that the Agricultural and Livestock Service (hereinafter referred to as “SAG” or the “Service”) must follow, as well as the individuals who submit requests to the Service for certification of rural property subdivision projects, under the framework of Decree Law No. 3,516 of 1980.
The procedure includes the manner in which the Service must handle the reception, processing, document custody, and resolution of certification requests for the subdivision of rural properties, as well as the individuals involved in this process.
Additionally, the procedure outlined in Exempt Resolution No. 3,904 of 2019 is repealed.
Along with establishing a chapter of definitions, the Resolution introduces the possibility of conducting the entire procedure digitally (except for the subdivision project plans) through an information system that will be enabled by SAG. Regarding the documents to be submitted, the new procedure adds a requirement for a certificate from the Internal Revenue Service or another document issued by a competent state institution determining the area of the property to be subdivided in cases where the title deed or the previous property plan does not explicitly state the area.
Furthermore, among the notable points, the new procedure modifies the timeframe that SAG will have for processing the subdivision certificate. The Service will have the same 20 business days as in the previous procedure, but these will be counted from the time the procedure is “ready to be resolved,” unlike the period stipulated in Exempt Resolution No. 3,904, which stated that the timeframe would start from the date the relevant office receives the file. The new procedure defines “ready to be resolved” as when all necessary documents are available to the Service and there are no pending procedures, such as payments, correction of observations, responses to reports requested from other agencies, or other similar situations that prevent resolution.
It is also important to mention that the new procedure declares that, as previously determined by the Office of the Comptroller General of the Republic, the exception contained in Article 1, letter j) of DL No. 3,516 (subdivision of rural property in favor of an ascendant or descendant of the owner) is excluded from the certification referred to in this procedure by SAG, without prejudice to its supervisory role.
The Resolution concludes by stating that the new procedure will come into effect 20 business days after its publication in the Official Gazette, and requests submitted before this date will be certified according to the previous procedure outlined in Exempt Resolution No. 3,904 of 2019.
If additional information on this matter is required, please contact Julio Trucco Vera (jtrucco@jdf.cl) and Rafael Valdivieso Bulnes (rvaldiviesob@jdf.cl).
