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What documents do I need to have updated to sell my property in Chile?

Dec 15, 2022

What documents do I need to have updated to sell my property in Chile?

If you want to sell your house in Santiago, Chile, you should know that there are a series of documents that are essential to carry out the operation legally and safely. These documents prove ownership, the condition and status of the property, as well as the seller's tax and financial situation. Without them, you will not be able to sign the public deed of sale or register the change of ownership with the Registrar of Real Estate.

In this blog, I am going to explain which documents you need to sell your house in Santiago, Chile, where and how to obtain them, and what to do if you have any problems or inconveniences with them. I will also warn you about some common mistakes that can delay or prevent the sale of your house if you do not avoid them.

The documents you need to sell your house in Santiago, Chile are:

  • Authorized and accredited copy of registration: this is the document that certifies that you are the legal owner of the property and that it is registered in your name in the Property Registry of the corresponding Registrar of Real Estate. You can request it online or in person, presenting the sheet, number, and year of registration of the property. The cost varies depending on the commune, but it is usually between 5,000 and 10,000 pesos.

  • Certificate of liens and encumbrances: this is the document that indicates if the property has any type of charge or limitation that affects its free disposal, such as mortgages, easements, usufructs, seizures, restrictions on the sale, etc. You can also request it online or in person, with the same information as the registration copy. The cost is similar to the previous one.

  • Certificate of non-expropriation from the municipality: this is the certificate that certifies that the property is not subject to any expropriation process by the municipality where it is located. You must request it directly from the corresponding municipality, presenting a simple copy of the fiscal appraisal roll. The cost may vary depending on the municipality, but it is usually free or very low.

  • Certificate of non-expropriation from Serviu: this is the certificate that certifies that the property is not subject to any expropriation process by the Housing and Urbanism Service (Serviu). You must request it directly from the corresponding Serviu, presenting a simple copy of the fiscal appraisal roll. The cost may vary depending on the Serviu, but it is usually free or very low.

  • Certificate of fiscal appraisal: this is the document that indicates the fiscal value assigned to the property by the Internal Revenue Service (SII), according to its physical characteristics and location. This value is used to calculate the contributions and taxes associated with the sale. You can obtain it online or in person, entering the fiscal appraisal roll or the address of the property. The cost is free.

  • Debt of contributions: this is the document that indicates if the property has any outstanding debt for contributions (property tax) or if it is exempt from payment. You can obtain it online or in person, entering the fiscal appraisal roll or the address of the property. The cost is free.

  • Public deed of sale: this is the document that formalizes the transfer of ownership of the property from the seller to the buyer, through the signature before a notary public. This deed establishes the conditions and terms of the sale, such as the price, payment method, guarantees, special clauses, etc. The cost depends on the value of the property and the chosen notary, but is usually between 0.5% and 1% of the price.

These are the basic documents you need to sell your house in Santiago, Chile. However, there may be other additional documents depending on the type and characteristics of the property, such as:

  • Certificate of final reception: this is the document that certifies that the new work or modifications made to an existing property comply with the current technical and urban regulations. You must request it from the corresponding Municipal Works Department (DOM), presenting the plans and building permits. The cost depends on the type and size of the work, but is usually between 0.5% and 1% of the value of the work.

  • Certificate of regularization: this is the document that certifies that the new work or modifications made to an existing property without a building permit have been regularized before the corresponding DOM, after paying a fine. You must request it from the same DOM, presenting the plans and information about the work. The cost depends on the type and size of the work, but is usually between 1% and 2% of the value of the work.

  • Certificate of prior information: this is the document that indicates the urban conditions that apply to a property, such as land use, maximum height, construction and occupation coefficients, green areas, etc. You must request it from the same DOM, presenting a simple copy of the fiscal appraisal roll. The cost may vary depending on the municipality, but it is usually between 5,000 and 10,000 pesos.

  • Real estate co-ownership certificate: this is the document that regulates the co-ownership regime of a housing complex or a building, establishing the rights and obligations of the co-owners over the common and exclusive assets. You must request it from the corresponding Registrar of Real Estate, presenting the sheet, number, and year of registration of the co-ownership regulations. The cost is similar to that of the registration copy.

  • Certificate of debt for common expenses: this is the document that indicates if the property has any outstanding debt for common expenses (maintenance, services, administration, etc.) or if it is up to date with payments. You must request it from the administrator of the housing complex or the building, presenting a simple copy of the fiscal appraisal roll. The cost may vary depending on the administrator, but it is usually free or very low.

These are some examples of additional documents that may be required to sell your house in Santiago, Chile. I recommend that you consult with a lawyer or a real estate advisor to know exactly what documents you need according to your particular case.

Now that you know what documents you need to sell your house in Santiago, Chile, I'm going to give you some tips to avoid common mistakes that can delay or prevent the sale:

  • Check the status and validity of your documents in advance: do not wait to have an interested buyer to request or update your documents. Do it with enough time to avoid delays or unpleasant surprises. Remember that some documents have a limited validity (for example, the liens and encumbrances certificate has a validity of 60 days) and others may take several days or weeks to be issued (for example, the regularization certificate may take up to 90 business days).

  • Solve any problem or inconvenience affecting your property: if your property has any lien, restriction, expropriation, seizure, bank problem, incorrectly registered inscription or any other legal impediment to its sale, you must resolve it before signing the public deed of sale. For this, you can seek the help of a lawyer or a real estate advisor to guide you on the steps to follow and the costs involved.