LAW NO. 20,958 ESTABLISHES A SYSTEM OF CONTRIBUTIONS TO THE PUBLIC SPACE I have to honor to communicate to V.E. that the National Congress has given its approval to the following Bill: Article 1.-Amend the decree with force of law N ° 458, of the Ministry of Housing and Urbanism, 1975, General Law of Urbanism and Constructions, as follows: 1) Add the following Article 28b: " Article 28b.-In addition, through detailed plans subordinated to the communal, sectional or intercommunal regulatory plans, the design and characteristics of the spaces may be determined with accuracy. public, the boundaries of the different areas or areas of the plan and, in the case of the communal and sectional regulatory plans, the grouping of buildings and the architectural characteristics of the projects to be carried out in sectors linked with national monuments, in buildings or in historical conservation areas or in sectors where the plan The regulator requires the adoption of a particular morphology or a particular architectural style of facades. These detailed plans shall be drawn up and approved as set out in the preceding article, with the following changes: (a) They shall contain a brief memory and regulatory provisions. b) One or more public hearings must be held in the affected neighborhoods or sectors to expose the proposal for a detailed plan to the community, in the form established in the ordinance for citizen participation of the respective municipality. (c) Before approval, they shall be exposed to the community for a period of 30 days, after which the persons concerned may make written and substantiated observations for up to another 30 days, applying them as provided for in Article 43. " (2) The first and third points of Article 46 shall be deleted. 3. Substitute in Article 75 the word "Planes" by "Plans". 4) Replace in the first paragraph of Article 129 the expression "and adjudications of sites" by "and adjudications of lots". (5) Amend Article 134 as follows: (a) Replace in the second subparagraph the sentence "where the power and drainage works to be carried out" shall be as follows: "when the works to be carried out". (b) The following fourth indent is added to the third indent of the third subparagraph: " The General Ordinance shall establish minimum standards for urbanisation works which may be required outside the field itself, in the case of projects which are not linked to the (a) existing quality, for the purposes of its proper urban insertion, or its connectivity in the case of projects in the rural area under Article 55. '; 6. Substitute in the first indent of Article 140 the word "Planes" by "Plans". 7) Intercalanse, following Article 167, the following Title V and Articles 168 to 186 which make up, new, passing the current Articles 168, 169 and 170 to be articles 187, 188 and 189, respectively: " TITLE V Of mitigations and contributions to public space Chapter I Principles applicable to mitigations and contributions Article 168.-The following principles shall apply to this Title: a) Universality: all public and private real estate projects must mitigate and/or contribute in accordance with the rules of this Title. b) Proportionality: the mitigations must be equivalent to the externalities effectively generated by the project, and will not take care of the historical infrastructure deficits. The inputs will be adjusted to the project's density and destination. c) Predictability: mitigations and inputs will be calculated according to objective methods and based on predefined and standardized procedures and deadlines. The Administration will ensure that the works and contributions that will be required can be known in a timely manner. Article 169.-For the purposes of this Title, urban growth shall be understood as an extension of the process incorporating new urbanized soil as a result of a leo; and urban growth by densification, the process that increases the the intensity of the occupation of the soil, either as a result of the increase of its inhabitants, occupants or buildings. The above shall apply to projects located within the urban limits and to those located outside of them and approved in accordance with the provisions of this law. Chapter II-Direct mitigations Article 170-Projects involving urban growth by extension or densification and resulting in relevant impacts on local mobility should be mitigated through the implementation of measures related to the management and infrastructure of public and private transport and non-motorized modes, and their related services, in the understanding that this includes solutions such as the following: exclusive tracks for buses, terminals, fishing grounds, (i) the use of the information provided by the European Commission; viality. These mitigation measures will consider the impacts of the project on the local mobility system, within its area of influence, and will propose that, upon its implementation, the project will maintain its service standards at a similar level to the considering the characteristics of the area in which the safe movement of pedestrians and means of transport is deployed, the conditions of accessibility of the project, its interaction with the mobility system and its insertion harmonica with the urban environment. The area of influence shall be defined from the dispersion of the vehicular or pedestrian flows induced by the project in the surrounding road, considered from the accesses and, at most, up to the eighth intersection. For this purpose, all intersections shall be considered, except those that include streets without exit, passages or pedestrian streets. Exceptionally, the area may extend up to the 12th intersection in the case of two or more nearby projects in their location which jointly present a road impact mitigation report (hereinafter referred to as the mitigation report); or of individual projects that induce a thousand or more trips in private transportation or three thousand or more total trips per hour, at least in a period of the day. In the case of projects of loths, an area of influence shall be considered from the accesses and, at most, to the twentieth intersection in which a dispersion of the vehicular or pedestrian flow is carried out, as established by the regulation referred to in the second paragraph of Article 171. For this purpose, all intersections shall be considered, except those that include streets without exit, passages or pedestrian streets. The vehicle and pedestrian flows induced by the project will correspond to the total travel in private and public transport, as well as in non-motorized modes, such as bicycle and walk, all of them obtained from the generation or attraction of trips that best reflect the activity, location, period of greatest intensity and temporality of the project, for which the regulation will specify the parameters and keep its values updated according to what the Ministry determines Transport and Telecommunications. The estimation of the vehicle and pedestrian flows induced by the project, in the terms indicated above, will be implemented in an electronic system that will establish for this effect the ministries of Housing and Urbanism and of Transport and telecommunications. Article 171.-All projects that generate urban growth by extension or densification shall record the information that the regulation determines in the electronic system specified in Article 170. Through this system, the Regional Ministry of Transport and Telecommunications will indicate whether the holder should produce a mitigation report. If yes, it shall be submitted and processed, through the same system, to the appropriate authority in accordance with the following paragraph. The mitigation report shall be drawn up and evaluated in accordance with the procedure and methodology laid down in the regulations issued by decree of the Ministry of Transport and Telecommunications, signed by the Minister of Housing and Urban Planning, and shall apply the principles of speed, procedural economics and non-formalisation. Taking into account the characteristics and impact of the project in the area of influence, the regulation: (a) will establish differentiated categories of reports on the basis of the project-induced vehicular and pedestrian flows, and, The maximum time limits referred to in Article 172 may be reduced for one or all of the categories. (b) Set the conditions for two or more projects that are close in their location to be able to carry out a joint mitigation report, on a proposal from the stakeholders or the respective authority. (c) Definish in which categories the reports may be drawn up by the projectors, and must be presented, through the electronic system, to the municipal unit responsible for the transit and public transport function (hereinafter referred to as " the Directorate of Transit and Municipal Public Transport), through the same system, to the Regional Ministry of Transport and Telecommunications, and elaborated by a consultant registered in the register which, for these purposes, will carry the Deputy Transport Secretary. (d) Define projects in which no mitigation reports will be required to produce significant changes in the service standard of the local mobility system. (e) Detect the content of the project mitigation report, which shall include its characteristics and area of influence and the justification of the proposed mitigation measures, represented graphically, in accordance with the methodology defined by the regulation. The measures proposed in the report, in conjunction with the implementation of those considered in the investment plan in mobility infrastructure and public space, should mitigate the effects of the project on the mobility system within the area of influence so that its standards of service have a level similar to the existing one, the characteristics of the area in which it is inserted. The project may not be received if the work of the investment plan for mobility infrastructure and public space, the implementation of which has been provided for in the report, has not been implemented. Article 172.-The Regional Secretary for Transport and Telecommunications or the Director of Transit and Public Transport, as appropriate, shall have a maximum period of 60 days to approve, observe or reject the report of mitigation by means of a resolution, after consultation with the other competent bodies, including, in the case of municipalities, the Directorates of Municipal Works, which must submit their replies within a maximum of 30 days, counted from the submission of the respective report. By the time of the expiry of this period, the competent authority shall be empowered to act directly on the application. If the report is observed, the project holder shall have a maximum period of 30 days to submit the corrected report, with the Regional Secretary for Transport and Telecommunications or the Director of Transit and Transport. Municipal authorities, as appropriate, decide within a maximum period of 30 days, subject to a repetition of the consultation required by the preceding paragraph. In this case, the bodies shall have a maximum period of 15 days in which to decide, counted from the submission of the respective corrected report. By the end of this period, the competent authority may decide directly on the application. The respective authority, on its own initiative or at the request of the person concerned, in the latter case where the time limit is laid down in his favour, may be extended on the basis of the time limits laid down in the preceding subparagraphs, for the same period and only for once. the complexity of the report justifies it. Due to the time limits or extensions without any statement from the Regional Secretary for Transport and Telecommunications or the Director of Transit and Public Transport, the mitigation report shall be understood approved, which must be certified at the request of the person concerned, without further processing. The resolution approving the mitigation report shall record the project's characteristics, the mitigation measures approved, the possibility of considering stages with partial mitigations and of guaranteeing the works to be carried out. In the case of a decision approving or rejecting the mitigation report, a replacement remedy may be deducted in accordance with the provisions of Law No 19,880, which lays down the basis of the administrative procedures governing the acts of the organs of the State Administration. In the case of the directors of Transit and Municipal Public Transport, moreover, it will be able to claim of the legality of the work before the Regional Ministry of Transport and Telecommunications, having to comply with the norms concerning the time-limits and the processing referred to for the hierarchical action under Law No 19,880. When applying for a urbanization or building permit or the corresponding authorisations, the proof of entry of the mitigation report or the certificate issued by the system certifying that the project does not require such a permit must be accompanied. report. Where this is to be done, the decision approving it shall be a requirement for the granting of the corresponding permit or authorization and shall be valid for three years from the date of its notification, and shall be reviewed if the project experience modifications, in order to verify the adequacy of the measures. Once the respective permission has been obtained, the resolution will extend its validity to complete, at most, a total of ten years for the purpose of requesting the final reception of the works. If the time limit is not requested, or if the receipt has been requested, the project holder shall submit a new mitigation report and comply with the measures provided for in the approval to obtain the receipt. final. This does not affect the stages with partial mitigations already implemented and received, when the approval of the report has been considered. Article 173.-The Directorates of Municipal Works shall not be able to submit the final reception of the project without the person concerned showing the execution of the measures contained in the resolution approving the mitigation report or the granting of a (i) a guarantee when the decision authorizes it. Where such a decision has been deemed to be stages with partial mitigations, the receipt of each stage shall require the execution in accordance with their respective mitigations or the granting of the guarantee if it is authorized. The final receipt certificate shall record the mitigation measures that have been guaranteed. The interested party must present the projects and budgets approved by the competent bodies, and the Directorate may increase, by way of resolution, the value to guarantee up to 50% considering unforeseen and administrative costs of recruitment and inspection, all in accordance with the provisions of the General Ordinance of this law. The guarantees will ensure the correct implementation of the mitigation measures within the year following the final receipt, which may be renewed once, for the same period, and may consist, without distinction, in a bank ballot or an insurance policy whose term of validity exceeds the period for the execution or the extension of the time limit for the duration of the period. The banking institutions or insurers that have issued the respective guarantee document shall pay the guaranteed values on the merits of the certificate issued by the Director of Municipal Works, indicating that the measures were not implemented. within this period, the securities shall be assigned to the execution of the mitigation measures guaranteed in the form and time limits established by the General Ordinance of this law. Article 174-The mitigation reports to be submitted and final decisions to be submitted by the electronic system referred to in Article 170 shall be made available to the public in the electronic sites of the Ministry of Transport and Telecommunications and of the respective municipalities, as appropriate, as provided for in Article 7 contained in the first article of Law No 20.285, of Transparency of the Civil Service and of access to information from the State Administration. The Regional Ministry of Transport and Telecommunications and the Municipal Transit and Public Transport Directorates, as the case may be, will be responsible for keeping this information up to date. Chapter III Of the contributions to public space Article 175.-Projects involving urban growth by densification must comply with the provisions of Article 70, directly, or through a contribution equivalent to the tax guarantee the percentage of land to be ceded to the respective municipality for the purposes and in the form set out in the following Articles. The contributions will be adjusted to the project's density and destination, in the form that the General Ordinance has. Article 176. Each municipality shall draw up a community plan for investments in mobility infrastructure and public space, which shall contain a portfolio of projects, works and measures included in existing or existing territorial planning instruments. associated with these, duly prioritized, to improve their conditions of connectivity, accessibility, operation and mobility, as well as the quality of their public spaces and social cohesion and urban sustainability. For these purposes, the municipality will have the technical assistance of the regional ministries of Housing and Urban Planning and Transport and Telecommunications, and the Urban Road and Transport Program of the Ministry of Transport and Telecommunications. The plan must be submitted to the approval of the respective municipal council. Once approved, it will be promulgated by the mayor, who will send a copy to the regional government. The municipalities may request the regional government to draw up these plans or to include them in the formulation or updating of the community development plan referred to in Article 6 of Law No. 18,695, a constitutional organ of Municipalities. Article 177.-In metropolitan areas or that are included in a metropolitan or intercommunal regulatory plan the regional ministries of Housing and Urban Planning and Transport and Telecommunications, with consultation with the municipalities They shall draw up a draft inter-communal plan for investment in mobility infrastructure and public space, similar to that provided for in the previous Article, but which shall contain projects, works and measures included in the instruments of intercommunal or associated level planning. The mayor will submit this bill to the mayors of the communes included in the corresponding area. Obtained the agreement of the absolute majority of those, the plan will be presented to the regional council and promulgated by the mayor after its approval, referring copy to the respective municipalities. Article 178-Communal and intercommunal plans for investments in mobility infrastructure and public space shall be regularly updated within a period of time. or more than ten years, and each time a new instrument of communal or intercommunal planning is approved, following the same procedure outlined in the preceding articles. Article 179.-The contributions shall be paid in advance to the municipal reception of the project. In the case of changes of destination or modifications or extensions of the change of the commercial patent of a property, the contributions must be paid before the granting of the respective authorization. Alternatively, the data subject may request that the input be materialized through the execution of pre-feasibility studies, engineering and/or architectural projects, operational measures for public or private transport and the non- motor vehicles, public infrastructure works or other measures, provided that the proposal is included in the communal or intercommunal plan of investments in mobility infrastructure and public space. Studies, projects, works and measures that are not considered in these plans may also be proposed, but are consistent with them, provided that they do not correspond to direct mitigations to be implemented by the project. In such a case, the mayor must submit them to the approval of the municipal council, and he will require a favorable report from the regional ministries of Housing and Urban Planning and Transport and Telecommunications in the case of studies, projects, works and measures of inter-communal level. The application shall be submitted through the electronic system specified in Article 170, it may be processed in conjunction with the mitigation report, and shall include a detailed budget of the cost of implementation, in terms of the Regulation as referred to in Article 171 (2), second indent. The municipality shall approve, reject or observe the application, after consulting the other competent bodies, applying the same time limits as referred to in Article 172, including any extensions. In the case of studies, projects, works and measures included in the intercommunal plans, the approval will require the favorable report of the regional ministries of Housing and Urban Planning and Transport and Telecommunications. Once the time limits or their extensions without municipal pronouncement have expired, the provisions referred to in Article 64 of Law No 19,880 shall apply. It shall apply to applications and final decisions which fall within the provisions of Article 174 of this Law, corresponding to the municipality keeping this information up to date. Approved the application and its budget, the municipality and the interested party will not be able to subsequently claim an additional contribution or a refund of the contribution claiming that the work had a lower cost or greater than the value to be paid. Studies, projects, works and measures which are carried out in accordance with the three preceding points shall be carried out prior to the municipal reception of the project to which the relevant contributions correspond, applying the provisions of the Article 173 of this law. Article 180. The contributions shall be collected by the respective municipality, which shall keep them in a special account and separate from the rest of the municipal budget. The contributions shall be intended solely and exclusively for the following purposes: (a) The execution of works identified in the communal and intercommunal plans for investments in mobility infrastructure and public space, including the construction of new green areas or public spaces indicated. (b) Payment of expropriations that are necessary for the materialization of such works. (c) Updating investment plans in mobility and public space infrastructure, developing the planning instruments that are necessary for their implementation and drawing up the projects of the works. (d) Administration and inspection expenses, including those on staff, up to 10% of the funds collected. At least 70% of the contributions received, deducted from the administrative costs, must be invested in mobility. The municipality will determine the part of the remainder that will be destined for the investment in other public spaces. In the communes in which there is an intercommunal plan of investments in mobility infrastructure and public space, at least 40% of the contributions collected annually should be allocated to the execution of works included in the intercommunal plan. For these purposes, the municipality shall carry out such works directly or transfer the resources to one of the entities competent to implement them by a mandate agreement. In the latter case, the receiving entity may only use the resources for the purposes set out in this Article. By resolution of the regional ministerial secretariat for transport and telecommunications, and upon request from the municipality concerned, the percentage set out in the preceding paragraph may be amended for the execution of certain works, considering the prioritization contemplated in the plan. Article 181.-In their annual accounts, the municipalities will give a detailed explanation of the use, situation and movement of each and every one of the contributions collected, and must be published in accordance with the Article 7 contained in the first article of Law No 20.285. The mitigation measures referred to in Article 170, and the studies, projects, works and measures provided for in Article 179, which are received and guaranteed, and those included in the approved permits, shall be included within this surrender. the guarantees referred to in Article 173 held by the municipality and the situation of the funds obtained by the recovery of guarantees. Article 182.-In the case of projects that increase the constructibility coefficient through urban benefits conferred by this law, its General Ordinance or the territorial planning instrument, the tax guarantee of the land on The percentage to be calculated shall be increased by the same proportion of the profit obtained. Chapter IV of mitigation and incentives in territorial planning instruments Article 183.-When intercommunal regulatory plans establish new urban areas or urban areas, they may determine additional conditions of urbanization and equipment for the development of projects which are located in them, including the execution of works of urbanization outside the field in which the project is located, the execution of works or measures in the urban mobility system or improving public spaces, the inclusion of housing types or land use in their projects, the materialization or improvement of public facilities or other measures that promote social integration, all of which will be determined according to an urban impact study and the rules established by the General Ordinance. Compliance with the conditions must be ensured by means of a course which complies with the provisions of Article 173 and their failure to comply with, in addition to their recovery, the expiry of the authorisations granted and not implemented. In such cases, the area of total influence of the project must be considered for the purposes of the direct mitigations provided for in Chapter II of this Title, incorporating at least the network of existing or projected structural pathways with which the new areas and the territory or geographical sector with which they will interact functionally will be connected. Article 184.-The communal regulatory plans may provide incentives in the urban norms applied in all or part of their territory conditioned to the development of public spaces or to the improvement of the existing ones, to the materialization, repair or improvement of public facilities, the installation or incorporation of works of art in the public space or the fulfillment of other conditions that induce or collaborate in the improvement of the levels of urban social integration. Compliance with the above conditions shall be a requirement for the receipt of the projects, subject to the provisions of Article 173. The approval of a plan with these incentives will leave articles 63, 107, 108 and 109 of this law without application in the planned territory. Chapter V of repayable urban contributions Article 185.-When an interested party proposes to carry out a study, project, work or measure of the investment plan in mobility infrastructure and public space, as he admits to Article 179, and the The approved cost is greater than the contribution that you will find, you will be able to accept this surplus in the form of repayable contributions. Article 186.-For the purposes mentioned in the previous article, the person concerned shall sign an agreement with the respective municipality. This convention shall establish: (a) the studies, projects, works or measures to be carried out and their cost. (b) the value to be repaid and the time limit for repayment by the municipality, which may not exceed 15 years. c) The way in which the municipality will reimburse these contributions. Refunds shall be given to the person designated in the respective convention, to be in cash or readjustable notes and shall be equal to the initial value adjusted. "8) The following Article 190 shall be inserted:" Article 190.-Time limits contained in this law, in which it is not expressly stated that it is a matter of working days, are of days running. However, provided that the last day of a period referred to in this law is not deft, it shall be deemed to be extended to the following first working day. ' Article 2.-Incorporate into law N ° 18.696, which amends Article 6 of Law No 18.502, which authorizes the importation of vehicles which states and lays down rules on the carriage of passengers, the following Articles 5 to 17: " Article 5. record of consu In the case of road impact mitigation reports by the Sub-Secretariat for Transport, which will administer it. The register shall be governed for the entire national territory and shall be of a public and permanent nature. However, applications for registration and for changes to the register shall be submitted and processed to the respective regional ministerial secretariat for transport and telecommunications (hereinafter referred to as "the Seremi"), in accordance with the requirements and the procedure laid down in the regulation which the Ministry of Transport and Telecommunications will have to do so. Registration in any region will allow the consultant to submit reports throughout the country. The general resources referred to in Law No 19,880 may be deducted against the resolutions issued by the Seremi in the registration procedure. The hierarchical resource will be brought before the Deputy Minister of Transport. Article 6.-Only natural persons and legal persons who meet the requirements laid down in each case shall be registered and registered in the register and shall remain registered in the register: I. Natural persons who: (a) Accredited to be in possession of the title professional engineer with mention in transport or similar engineering, or other professionals with post-graduate or post-degree transport. However, the professional title must be a career of at least eight semesters of duration. (b) are not affected by an inability established in Article 7. (c) Credit for a minimum of three years ' experience in the preparation or review of transport engineering projects. II. Legal persons who: (a) are companies of persons, where at least one of the partners complies with the professional and skill requirements set out in the previous number I. (b) are anonymous companies, where at least one of the members of their board meets the professional and skill requirements set out in the preceding number I. (c) other companies, whether national or foreign, in which at least one partner, director, representative or agent complies with the professional and skill requirements required by the previous number I. Article 7 °.-The inability to register and remain in the register shall be as follows: (a) To be an official or to be employed for any degree in the Ministry of Transport and Telecommunications, its regional secretariats or bodies dependent or any of the other bodies to be consulted for the purpose of the road impact mitigation reports as provided for in Article 172 of the General Law on Urban Planning and Construction. b) Have been convicted of a crime or a crime that deserves a penalty. c) Have been punished with the elimination or have the registration suspended in this register. The inskills arising from a criminal or administrative conviction will be without effect after five years from the end of the penalty or penalty. Article 8 °.-The consultants that regulate this law will not be able to produce reports of mitigation of road impact that must be presented in municipalities in which they or any of the persons who provide services to them are officials or have a contractual relationship, up to two years after the date of the end of the contract. In the case of legal persons, the same restriction as mentioned in the preceding paragraph shall apply if the members, administrators or persons providing services meet the above mentioned qualities. Article 9 °.-It shall be deemed to be a minor offence, and shall be punishable by written warning, not to communicate to the register any modification of a personal history which has an impact on the fulfilment of the registration requirements or the causal inability. The communication shall be made within 30 days of the date of the amendment. Article 10.-The following actions of the consultant shall constitute a serious infringement and shall be punishable by the suspension of the registration, up to a period of one year: (a) Reoffending in the commission of any minor infringement within a period of three years. b) Issue a report in contravention of the regulatory regulations governing the reports of road impact mitigation. c) Issue reports with incomplete background or data, the omission of which could affect the correct assessment of the proposed mitigation measures. Article 11. The following actions of the consultant shall constitute a serious infringement and shall be punishable by a fine of 10 to 100 monthly tax units for tax benefit, suspension of one to three years and/or elimination of the registration: (a) Reoffending in the commission of any serious infringement within a period of three years. (b) Act finding itself affected by a causal of inability or having lost any of the enabling requirements for registration. (c) Provide inaccurate information regarding compliance with the registration requirements or omit information related to the same subject matter. (d) Carry out false data or antecedents with regard to the lifting of the information, the simulation of the transport systems or the estimation of the impacts of the project analysed, inducing error or preventing the correct assessment of the measures of mitigation proposed in the issued report. (e) Be convicted of executed judgment due to civil or criminal liability arising from the elaboration of the road impact mitigation reports. f) Issue a report in contravention of the legal rules governing the reports of road impact mitigation. (g) Infringement of the provisions of Article 8 of this Law. Article 12-Inabilities and penalties affecting legal persons shall be extended to the whole of their members, in the case of persons holding companies, and their directors, administrators and/or representatives, in the case of companies anonymous or other legal persons. Similarly, the inabilities and penalties that affect a natural person, partner of a society of persons, or director, administrator or representative of a public limited company or other legal person, will be extended to the respective person legal. Article 13.-It shall be competent to hear of the infringements incurred by the consultants and to apply the penalties provided for in this law by the regional ministerial secretariat for transport and telecommunications of the region in which it was committed. the infringement. The sanctioning procedure must be initiated on its own initiative, when the regional ministerial secretariat for transport and telecommunications takes cognizance of facts which may constitute one of the offences to which it is refers to this law. The procedure may also be initiated by written complaint to the competent regional ministerial secretariat, formulated and subscribed by a person concerned. Complaints must be founded and contain a description of the specific facts which are deemed to be an infringement, and must be accompanied by a copy of the background to which they are based. If these requirements are not met, the complaint will not be admissible. Article 14.-The penalty procedure shall be initiated by a decision of the regional ministerial secretariat for transport and telecommunications, in which the precise charges against the alleged the offender, who will be notified by registered letter sent to the registered office, attaching the background in which it is founded. The formulation of charges shall state the manner in which the proceedings have been initiated, a description of the facts which are deemed to be an infringement, the rule of law which has been infringed and the provision of the sanction assigned to it. infringement. The alleged infringer shall have a period of 30 days in which to issue a discharge, counted from the notification. Article 15.-In receipt of the discharge or after the term established, the regional ministerial secretariat shall examine the merits of the records and, if necessary, order the conduct of the inspections and inspections which are relevant and the receipt of the other supporting evidence to be obtained. The facts under investigation and the responsibilities of the offenders may be credited by any eligible means of proof in the form of an awareness. Article 16.-The resolution terminating the sanctioning procedure shall be founded and shall address all the questions raised, giving a statement on each of the claims and defenses of the accused, and must declare the sanction imposed on the or his acquittal. The final decision shall be taken within 30 days of the date on which the last due diligence in the dossier has been completed. Penalties shall be entered in the register. Against the resolutions issued by the Seremi in the sanctioning procedures, the general resources referred to in Law No 19,880 may be deducted. The hierarchical resource will be brought before the Deputy Minister of Transport. Article 17. The actions to pursue the offences referred to in this law shall be prescribed in two years, in respect of the minor and serious, and in four years, in the case of the very serious ones, from the date on which the offence was committed. The collection of fines applied in accordance with this law shall be prescribed at two years from the date on which the respective penalty decision has been established. The other penalties shall apply in full from the same date. ' Article 3.-The following amendments are introduced in Law No. 18,695, a constitutional organ of Municipalities, whose consolidated, coordinated and systematized text was established by the decree with force of law No. 1, 2006, of the Ministry of the Internal: 1) Amending point first of Article 5 as follows: (a) Replace, in the literal (j), the final expression ", and" by a semicolon, and in the literals (k) and (l), the corresponding point and end by a semicolon. (b) incorporate the following literals (m) and (n): " m) Develop, approve, modify and materialize investment plans in mobility and public space infrastructure, and (n) raise, manage and execute, in a separate and special account the remainder of the municipal budget, the contributions to the public space that are collected, in accordance with the provisions of the General Law of Urbanism and Constructions, and to sign the agreements on repayable urban contributions that regulate the same body (2) Add in subparagraph (b) of the third indent of Article 21, following the 'and prepare', the phrase 'the investment plan in mobility infrastructure and public space'. (3) Replace the literal (e) of the first paragraph of Article 24 by the following: ' (e) To implement measures relating to urban road rural and to decide on the reports of mitigation of road impact presented in the commune at the request of the regional ministerial secretariat of the Transports and Telecommunications or of the direction of Transit and the Municipal Public Transport; ". 4. Amend Article 26 as follows: a) Replace in literal c) the final expression ", and" by a semicolon. b) Intercalase the following literal d), new, passing the current letter d) to be e): " d) Approve, observe or reject the reports of road impact mitigation or issue opinion on them, at the request of the regional ministry of transport and Telecommunications, in accordance with the provisions of the General Law of Urbanism and Constructions, and ". 5) Amend Article 63 as follows: a) Replace in literal n) the final expression", and " by a semicolon. (b) Substitute in the literal n) the final point by the expression ", y". c) Incorporate the following letter (o): " (o) Approve, observe or reject the requests to materialize the contributions to the public space provided for in the General Law of Urbanism and Construction through the execution of studies, projects, works and measures according to the same legal body. ". 6) Amend the first paragraph of Article 65 as follows: (a) Add in the literal (b), after the expression "and its detailed plans," the phrase " the investment plan in mobility and public space infrastructure and the studies, projects, works and measures not included in these that are proposed by the persons concerned as provided for in Article 179 of the General Law on Urbanism and Constructions, if applicable, "b) Incorporate in the literal i), after the expression" of said council ", the following:". Also, to subscribe to the agreements on reimbursable urban contributions that the General Law of Urbanism and Constructions regulates ". 7) Amend the second paragraph of Article 67 as follows: a) Replace in the literal h) the final expression", and "by a semicolon, and in literal i), the point and end by the expression", and ". (b) The following point (j): " j) A detailed relationship of the use, situation and movement of each and every input received for the implementation of the investment plan in mobility and space infrastructure This is the public sector, as the general law of Urbanism and construction, the allocation of contributions in money to specific works, the works executed, the funds available in the special account, the programming of works for the following year and the measures Direct mitigation, studies, projects, works and measures for space contributions public and guaranteed and those included in the approved permits, and also the guarantees referred to in Article 173 of the General Law of Urbanism and Constructions in their possession and the situation of the funds obtained for the recovery of guarantees. '(8) Intercalase in subparagraph (a) of Article 98 (2), after the expression' municipal budget ', the phrase', the investment plan in mobility infrastructure and public space, if any, '. Article 4.-The following amendments are introduced in Law No 19.175, a constitutional organ on Government and Regional Administration, whose consolidated, coordinated, systematized and updated text was established by the decree with force of law N ° 1, 2005, of the Ministry of the Interior: 1) Amend Article 16 as follows: (a) Replace in literal (i) the final expression ", and" by a semicolon, and in the second paragraph of the literal (j) the final point by ", and". b) Add the following literal k): " k) Develop and approve plans for investments in mobility infrastructure and public space associated with or to the existing metropolitan or intercommunal regulatory plans in the region, with consultation with the (2) Substitute in Article 20 (f) the words "and the sectional plans" by the following sentence: ", the sectional plans and plans for investments in mobility infrastructure and public space". 3) Replace in the literal or) of article 24 the expression "and the plans of detail of intercommunal regulatory plans" by the phrase ", the plans of detail of intercommunal regulatory plans and the plans of investments in infrastructure of mobility and public space. " (4) In Article 30b (i), the following number (4) (b): "4 ter) Investment plans in the Mobility and Public Space Infrastructure". (5) Intercalase in Article 36 the following literal c (a): " c bis) Approve the plans of the investments in mobility infrastructure and public space associated with the region's or intercommunal metropolitan or intercommunal regulatory plans, which shall be drawn up by the regional ministries of Housing and Urbanism and Transport and Telecommunications, after consulting the respective municipalities, in accordance with the The provisions of the General Law of Urbanism and Constructions. Prior to the approval of the council, the agreement of the absolute majority of the mayors of the corresponding municipalities will be required. The regional council shall act within a period of 60 days from its receipt, after which it shall be deemed to have been approved. ' Transitional provisions Article 1.-Road mitigations and contributions to the public space provided for in Chapters I, II and III of Title V, which this law introduces into the General Law of Urbanism and Constructions, shall only be required eighteen months after the publication in the Official Journal of the Regulation referred to in Article 171 of the same legal body. As long as this deadline is not met, the regional transport and telecommunications secretariats will assess the impact studies on urban transport in accordance with the resolution exempt N ° 2.379, 2003, from the Ministry of Housing and Urbanism, and to the provisions of Articles 2.4.3., 4.5.4., 4.8.3. and 4.13.4. of the General Ordinance of Urbanism and Constructions, and the basic road reports, according to Supreme Decree No. 83 of 1985, and resolution No 511, 2012, both from the Ministry of Transport and Telecommunications. Article 2.-If the time limit set by the preceding article has not been approved in a plan of investments in mobility infrastructure and public space, the respective municipality shall be obliged to charge the contributions in money, but may not allocate them to carry out studies, projects, works and/or measures, and shall only be entitled to employ up to a third of the contributions collected in the preparation of such plans. If no such plans have been approved for another two years, the municipalities may also use the contributions collected for the following purposes: (a) the payment of the expropriations resulting from the declarations of utility Article 59 of the General Law on Urban Planning and Construction. b) Dealing with communes that are part of metropolitan areas or that are normalized by a metropolitan or intercommunal regulatory plan, in the projects, works, measures and studies included in the intercommunal plan of investments in infrastructure mobility and public space. Article 3.-The municipalities that lack the regulatory plan may include in their communal plans for investments in mobility infrastructure and public space, projects, works and measures that are consistent with the community plan of development. As long as these municipalities do not approve their community investment plan, they will only be able to allocate the contributions they collect under this law to the elaboration of the plan, as provided for in the first paragraph of the preceding article, and the implementation of the plan. studies, projects, works and/or measures that are consistent with the community development plan, proposed by the mayor and approved and implemented in accordance with the procedure laid down in the second and following points of Article 179 of the Law General of Urbanism and Constructions. Article 4.-The first communal and intercommunal plans for investments in mobility infrastructure and public space that are developed in each commune or intercommunal or metropolitan territory shall, before the beginning of their process of approval, be submitted by the authority which prepares them for a public consultation for 30 days. Article 5.-The Ministry of Transport and Telecommunications and Housing and Urban Planning shall publish and submit to public consultation, for thirty days, the draft of the regulation referred to in Article 171 of the General Law of Urbanism and Constructions. The regulation should be adopted within the six-month period, counted since the publication of this law. '; Having complied with the provisions of Article 93 (1) of the Constitution of the Republic of the Republic, and because I have had to approve and sanction it; therefore, promulgate and take effect as the Law of the Republic. Santiago, 6 October 2016.-MICHELLE BACHELET, President of the Republic.-Paulina Saball Astaburuaga, Minister of Housing and Urbanism.-Mario Fernández Baeza, Minister of the Interior and Public Security.-Alejandro Micco Aguayo, Minister of Hacienda (S).-Andrés Gómez-Lobo Echenique, Minister for Transport and Telecommunications. What I transcribe for your knowledge.-Jaime Romero Alvarez, Undersecretary of Housing and Urbanism. Constitutional Court Draft law amending the General Law of Urbanism and Constructions and complementary laws, to establish a system of contributions to the public space applicable to construction projects, corresponding to the Bulletin No. 8.493-14 The Secretary of the Constitutional Court, who subscribes, certifies that the Honorable Chamber of Deputies sent the bill enunciated in the rubric, approved by the National Congress, in order for this Court to exercise preventive control of constitutionality in respect of numbers 2, 5 and 7-in the case of Articles 172, 173, 176 177, 179 180 181 and 186 containing-, all numerals of Article 1; numbers 1 to 8 of Article 3, and numbers 1 to 5 of Article 4, permanent, as well as of the second, third and fourth, transitional articles of the draft law; and that this Magistrature, by judgment of 22 September 2016, in the process Role No. 3.195-16-CPR, is resolved: 1. That the rules contained in the second indent of the new Article 176, in the second indent of the new article 177, the second indent, final part of the new Article 179, first paragraph of the new Article 180, all of the General Law of Urbanism and Constructions, which are introduced by the first article, No. 7, of the draft law submitted to the control of constitutionality, are their own constitutional organic law and do not violate the Fundamental Charter. 2 °. That the norms contained in the articles 3 and 4 permanent, and third and fourth transients, all of the bill submitted to the control of constitutionality, are their own constitutional organic law and do not violate the Charter Fundamental. Rules contained in new Articles 172, 173, 174, 176, first and third, 177, first indent, 179-except for the second part of it, the final part-180, second to fifth, 181, 186 and second transitional, all of the General Law of Urbanism and Constructions, which are introduced by the first article, No. 7, of the draft law submitted to The control of constitutionality, of the draft law submitted to control, does not deal with matters of the constitutional organic law, which is why no pronouncement of constitutionality is issued in this respect. 4 °. That no pronouncement will be issued regarding the remaining provisions of the bill for not dealing with matters of constitutional organic law. Santiago, September 22, 2016.-Rodrigo Pica Flores, Secretary.