On March 26, 2024, in accordance with the provisions of the new Real Estate Co-Ownership Law (Law No. 21.442), which created the National Registry of Condominium Administrators (the "Registry"), the regulation governing the Registry (the "Regulation") was published, previously approved by the Ministry of Housing and Urban Development.
The Regulation establishes the necessary rules for the registration, updating, operation, and other conditions of the Registry. In this regard, the Regulation indicates that the Registry will be administered by the Executive Secretariat of Condominiums, which will act through the respective Ministerial Regional Secretariats of Housing and Urban Development ("Seremi"). Notwithstanding the above, the Registry will have a national character.
Some key aspects of this Registry include:
- The mandatory registration in the Registry for all administrators and sub-administrators of buildings and condominiums, with the exception of the provisional administrator appointed in social housing condominiums that do not have an administrator.
- Registration will be free, but the Registry will differentiate between administrators who perform their functions for free or for remuneration, with specific requirements for each, and will keep separate records. However, administrators may register in both registers.
- Training courses are established that administrators must take, and to be registered, they must complete the course and demonstrate their competencies.
- The Registry will be managed through a digital platform, which is already available for access (Real Estate Co-Ownership Law Platform - Ministry of Housing and Urban Development (minvu.cl)).
- The Registry allows the registration of both natural persons and legal entities and establishes disqualifications and incompatibilities for both.
- It grants interpretative powers to the Executive Secretariat of Condominiums only with respect to the Regulation of the Registry in question.
- Certain information about administrators must be updated annually to keep the registration in the Registry valid.
Thus, with the approval and publication of the Regulation, the Ministry of Housing and Urban Development continues with the implementation of the new Real Estate Co-Ownership Law, with only the enactment of the regulation of Law No. 21.442 pending.
For further information on this matter, please contact Julio Trucco (jtrucco@jdf.cl) or José Miguel Paiva (jmpaiva@jdf.cl).