Mayo 17, 2023
Supreme Court ruled in favor of Inmobiliaria Río Claro in a case of Expiration of Building Permits.SHARE
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