The Lawyer drafts the sale and purchase agreement while carrying out due diligence research on the property and parties
Agency: Lawyer
A lawyer is contracted to conduct due diligence of the property’s legal history, for not less than 10 years. The lawyer will also obtain the documents described in Procedures 2-3 from the Property Registry and the Treasury, as well as undertake the registration formalities.
Lawyer fees for the study of the titles, drafting of the contract and completing all the formalities involved in the registration Procedure range between 1 and 2.5% of the transaction value. While it is not legally required to employ a lawyer for the study and the registration, it is common practice.
Time and cost: 15 days, CLP 4,896,253.45 (About 1% of transaction value)
Request the folder of property titles for the past 10 years (it includes the certificate of encumbrances “GP” and the ‘Certificado de Vigencia’) from the Registry
Agency: Property Registry (Conservadores digitales)
The folder of property titles for the past 10 years including the encumbrance certificate (certificado de Gravámenes y Prohibiciones), and the ‘Certificado de Vigencia’ can be obtained in a sole request at the official website of “conservadores digitales” (www.conservador.cl). The folder is usually requested by the lawyer responsible for the due diligence of the property. The folder is received by email within 5 days after request and payment online.
Time and cost: 5 days, CLP 13,500
Obtain evidence of complete payment of land tax from Treasury (Servicios de Tesorerías)
Agency: Treasury (Servicios de Tesorerías)
The Property Taxes Debt Certificated (Certificado de Deuda de Contribuciones) is granted by the Treasury (Tesorería General de la República) and can be requested online www.tesoreria.cl. This document certificates that the property does not have debts regarding property taxes. The Notary and Property Registry require the document for the execution of the public deed and the registration in the Real Estate Office.
Time and cost: Less than one day (online), no charge
Execution and signing of the public deed
Agency: Public Notary office
Upon completion of the due diligence, the sale and purchase agreement is notarized. Both parties have to sign in front of a Notary. Jointly with the execution of the public deed, the Public Notary has the duty of complete the declaration about property transfer form (2890 Form). Two copies of this form are required in order to register the ownership transfer in the corresponding Property Registry. The Property Registry conserves one copy, and the other one is sent to the IRS (Servicio de Impuesto Internos) with the purpose of completing and updating the property fiscal cadaster.
Time and cost: 2 days, CLP 158,000 (CLP 30,000 (copies and other expenses at the Notary’s office) + 0.1% of property price with a maximum charge of CLP 128,000 (Notary’s fees))
Registration of the public deed at the Real Estate Office
Agency: Real Estate Office
According to the Judiciary Decree 588 of November 27, 1998, In the case of properties located in the cities of Santiago, Valparaíso and Viña del Mar the registration cost is 0.2% of the property value, being the maximum charge CLP 256.000 (property value of CLP 128.000.000). However, since the regulation dated since 1998, the amount has been updated accordingly in the past years. For 2019, It’s estimated at CLP 262.200 (plus CLP 2.600 per copy)
The parties can request the transfer personally at the registry the property transfer or online at the http://www.cbrsantiago.cl/portall_cbr/ website . The Registry request at least the following documents for registration: (i) 2890 Form; (ii) Property Debt Tax Certificate; (iii) purchase agreement public deed and will check the payment of all taxes related to the property. The registry has a digital record of all requests, but in the registry, all the transfer is done on paper.
The Registry provides the information of the transaction and the value of the property and taxes to the SII within the first ten days of the following month. The time limit for the registry’s decision is 2 days, and there is a 2-month period for the parties to amend any mistake.
Note: The registration time refers to the Registry in Santiago. Outside of Santiago, the time would be longer (up to 3 weeks).
Time and cost: 11 days, CLP 264,800 (For properties located in the cities of Santiago, Valparaíso and Viña del Mar the registration cost is 0.2% of the property value, being the maximum charge CLP 262.200 plus CLP 2.600 per copy (1 copy estimated))
Obtain a Property Certificate and a Mortgages and Ownership Limitations Certificate
Agency: Real Estate Office
Once the registration has been completed, it is recommended to obtain from the Conservador de Bienes Raíces de Santiago (the Real Estate Office) (i) a copy of the Property Certificate stating the new ownership, (ii) Mortgages and Ownership Limitations Certificate, stating the new ownership is clean.
While this procedure is not legally required, it ensures that all the information is correct. If the registration was done through the portal, the applicant can download the updated ownership certificate at the http://www.cbrsantiago.cl/portall_cbr/ website.
There is no need for title insurance in Chile since the Registrar and the Notaries must personally answer for their mistakes on their functions. They hire responsible insurance for these cases.
Outside of Santiago, it may take up to 2 weeks to obtain the title and certificates.
Time and cost: Less than one day (online), no charge
