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May 26th, 2023

Supreme Court ruled in favor of Inmobiliaria Río Claro in a case of Expiration of Building Permits

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On May 8, the Supreme Court ruled in favor of Inmobiliaria Río Claro in a case related to the expiration of building permits. Previously, the Santiago Court of Appeals had rejected a claim of illegality filed by the company, advised by Barros Silva Varela & Vigil, against the Mayor and the Municipal Works Director of Peñalolén.

The claim was based on the issuance of a retroactive act that violated a ruling from the General Comptroller of the Republic and DDU Circular Letter No. 429. Both documents had suspended the expiration term of building permits during the Covid-19 pandemic. Barros Silva Varela & Vigil filed appeals on formal and substantive grounds against the decision of the Court of Appeals.

The Supreme Court, when analyzing the case, accepted the appeal on formal grounds, determining that there was a nullity flaw in the Court of Appeals' ruling, since it did not rule on the legality of the challenged administrative acts. As a result, the Supreme Court ruled in favor of the illegality claim filed by Inmobiliaria Río Claro, annulling the challenged act and leaving without effect the resolution that declared the expiration of the building permit of the real estate company.

Check the corresponding rulings here:

CS 3329-2023 Ruling. Accepts the appeal on formal grounds

CS 3329-2023 Replacement ruling

Due to the issuance of an act with retroactive effect in breach of a ruling from the General Comptroller of the Republic that had declared the suspension of the expiration term of building permits during the Covid-19 pandemic.

PARTICIPATING LAWYERS

Felipe Riesco Eyzaguirre

Felipe Riesco Eyzaguirre

friesco@bsvv.cl
José Joaquín Silva Irarrázaval

José Joaquín Silva Irarrázaval

jjsilva@bsvv.cl
Marco Luna Faúndez

Marco Luna Faúndez

mluna@bsvv.cl
Jorsua Arancibia Lobos

Jorsua Arancibia Lobos

jarancibia@bsvv.cl
Francisco Rivadeneira Domínguez

Francisco Rivadeneira Domínguez

frivadeneira@bsvv.cl
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