They are lands that can be used for agriculture, livestock or forestry activities that are found throughout Chile outside the urban limits.
In Santiago and Valparaíso, rustic properties must be located outside the limits of the intercommunal regulatory plans, while in Concepción they are outside the metropolitan regulatory plan of that city.
Can the owners of the rustic properties divide them freely?
They can divide them, but, in general, to do so they have to meet a requirement: The lots resulting from the division must have an area that is not less than half a hectare, that is, 5 thousand square meters. The subdivision must not imply a change of use or destination of the land
Are there cases in which the division can be made by generating land of less than half a hectare?
Yes, but it is authorized in very specific cases. It occurs when they are divisions that must be authorized by the Agricultural and Livestock Service and the Ministry of Agriculture in the use of some legal powers that were transferred to them from the old Office of Agrarian Normalization, during the process after the Agrarian Reform.
It can also be done when they are divisions that must be made for the purposes of regularizing the possession of small real estate and for the constitution of dominion over it and when it is about land that must be subdivided by the Ministry of Public Works to build irrigation works, roads or others.
Another case is authorized by the General Law of Urbanism and Construction, when streets must be opened to carry out agricultural activity, to build houses for the owners of the land or to make authorized houses of up to a thousand UF of value under the housing subsidy system.
They can also be divided into smaller plots when ownership is transferred to non-profit entities with legal personality, when ownership is transferred to the treasury, municipalities and regional governments or community or union organizations.
Another exception is when it is transferred to an ascendant or descendant of the owner, by consanguinity or affinity up to and including the first degree, to build a home for the acquirer (parents, children, in-laws, sons-in-law, daughters-in-law and children of the spouse) and as long as the property does not have a tax assessment of more than 1,000 UF.
Where can I find out if my rustic property can be divided into lots of less than half a hectare?
In the Agricultural and Livestock Service (SAG) under the Ministry of Agriculture.
Any owner who wishes to subdivide their property without changing the agricultural use of the land, must have a certificate issued by the Agricultural and Livestock Service that will establish that the subdivision to be carried out complies with current regulations.
Who monitors compliance with these rules?
The Regional Ministerial Secretariats of Housing and Urban Planning and the Municipalities and the Agricultural and Livestock Service (SAG).
The State Defense Council, at the request of any of these bodies, will exercise nullity actions if appropriate.