Countries › Chile › Guide › 11. Real estate and land › Condominiums in Chile (Ley Nº 21.442 de Copropiedad Inmobiliaria): ownership of units, condominium rules, common expenses and the debt that follows the unit, reserve fund, utility cuts, short stays and registered administrators

Condominiums in Chile (Ley Nº 21.442 de Copropiedad Inmobiliaria): ownership of units, condominium rules, common expenses and the debt that follows the unit, reserve fund, utility cuts, short stays and registered administrators

Last verified: 2026-10-26 · Status: Stable

Apartments, offices and units in gated developments are held under Ley Nº 21.442: exclusive ownership of the unit plus a share of the common property that also sets each owner's vote and share of costs. Common expense debts follow the unit to a new owner and carry a fourth class preference, the reserve fund surcharge is at least 5 percent of monthly common expenses, interest on arrears is capped at half the bank rate, and after three unpaid instalments the administrator can have electricity or telecoms cut. Administrators must be in a national registry.

USD figures use the Central Bank exchange rate of CLP 986.58 per US dollar published in the Diario Oficial for 23 October 2026 (CVE 2891564). UF figures use the SII value of CLP 41,221.08 for 26 October 2026, UTM figures the October 2026 value of CLP 72,151 and UTA figures the December 2025 value of CLP 834,504. Conversions are for orientation only.

Key facts

Minimum reserve fund surcharge on monthly common expenses	5 %Ley Nº 21.442 art. 39, as of 2026-10-26 · in force
Cap on late interest on common expenses	50 % of interés corrienteLey Nº 21.442 art. 7, as of 2026-10-26 · in force
Unpaid common expense instalments that allow a utility cut	3 instalmentsLey Nº 21.442 art. 36, as of 2026-10-26 · in force
Residential units above which sub administrations are required	200 unitsLey Nº 21.442 art. 24, as of 2026-10-26 · in force
Days to pay common expenses after notice, unless rules differ	10 daysLey Nº 21.442 art. 7, as of 2026-10-26 · in force

The rule

1. The co ownership regime gives each owner exclusive ownership of its unit and co ownership of the common property; each owner contributes to the condominium's economic obligations in proportion to its rights in the common property unless the condominium rules set another formula, and has one vote proportional to those rights.Ley Nº 21.442, Aprueba nueva Ley de Copropiedad Inmobiliaria (Diario Oficial 13 April 2022), Art. 1, art. 3, art. 6 first paragraph and art. 15, 2022-04-13 official text · verified 2026-10-26

2. The duty to pay common expenses always follows the owner of each unit, including debts accrued before acquisition, and the credit has a fourth class preference ahead of those in art. 2481 of the Civil Code; the buyer can recover from the previous owner. The seller must declare in the deed whether it is up to date or what it owes, though omission does not void the sale. Payment is due within the first ten days after the payment notice unless the rules say otherwise; arrears bear the interest set in the rules, capped at 50 percent of the current bank interest rate (interés corriente). Collection follows the executive procedure of the Code of Civil Procedure. Owners must pay even if units are empty or services unused.Ley Nº 21.442, Art. 6, art. 7 and art. 35, 2022-04-13 official text · verified 2026-10-26

3. Every condominium must keep a common reserve fund for urgent, extraordinary or unforeseen expenses (including staff severance), funded by a surcharge on common expenses set in the rules or by an extraordinary assembly of at least 5 percent of the monthly common expense, plus fines and interest. Where the condominium has no own control systems, electricity or telecoms suppliers must cut service to units whose owners owe three or more instalments, on the administrator's written request authorised by the committee, but only one service at a time, never during a declared state of catastrophe for debts accrued in it, and never electricity where an electro dependent person lives.
Cost to do it: At least 5 percent on top of the monthly common expense goes to the reserve fund.
Example: On common expenses of CLP 200,000 a month, the reserve surcharge is at least CLP 10,000 a month. / About US$203 a month of common expenses implies at least about US$10 a month for the reserve fund.Ley Nº 21.442, Art. 36 and art. 39, 2022-04-13 official text · verified 2026-10-26

4. The condominium rules (reglamento de copropiedad) must set each unit's rights and share of costs, the reserve surcharge percentage, administration, fines and sanctions, and must protect permanent residents from nuisance from units used for temporary lodging, tourist accommodation, apart hotels or similar uses through rules of coexistence and sanctions. The rules cannot ban pets inside units. Administrators, paid or unpaid, must be registered in the public, compulsory and free National Registry of Condominium Administrators kept by the Ministry of Housing; condominiums with more than 200 residential units must form sub administrations of up to 200 units. Serious breaches by administrators are sanctioned with suspension or removal from the registry and fines of 5 to 10 UTM.
Cost to do it: Administrator fines for serious or very serious breaches: 5 to 10 UTM, CLP 360,755 to CLP 721,510 (US$366 to US$731).Ley Nº 21.442, Art. 8 letters b), d), e), j) and k), art. 19, art. 24, art. 82 and the sanctions title, 2022-04-13 official text · verified 2026-10-26

Worked example

An investor buys an apartment whose seller owed CLP 1,500,000 of common expenses. The debt follows the unit: the administrator can collect it from the investor through executive proceedings, and the investor can then claim it back from the seller. Asking for the administrator's certificate and the seller's declaration in the deed avoids this.

Step by step

Before buying, obtain the condominium rules, the latest common expense notices, the administrator's no debt certificate and the minutes on any extraordinary charges.
Check whether the rules restrict or regulate short stays or tourist lodging.
Confirm the administrator's registration in the national registry.
Have the seller declare in the deed that common expenses are paid.

Common traps

Unpaid common expenses of the seller become the buyer's problem.
Rules may impose fines and conditions on short term rentals.
The reserve fund surcharge and extraordinary charges add to the carrying cost of a rental unit.

Sources

← Leasing urban property in Chile (Ley Nº 18.101): scope, notice periods, fixed term leases, eviction procedure, the 2022 fast track monitorio claim for unpaid rent and early restitutionZoning and building permits in Chile: municipal works permits, review deadlines and silence, municipal fees, independent reviewers, final reception, permit expiry and building outside urban limits →