Legal Framework
Legal Guide for Foreign Land Buyers in Chile
Everything you need to understand about Chile's property law as it applies to non-citizen buyers. Clear, practical, and in plain English.
Disclaimer: This guide is for informational purposes only and does not constitute legal advice. Always engage a licensed Chilean attorney before making any real estate decisions.
Legal Overview
Chile's Property Law for Foreigners
Chile provides one of Latin America's most robust and transparent legal frameworks for foreign property ownership.
Foreign Ownership Rights
Chile's Political Constitution and Civil Code grant foreign nationals the same property rights as Chilean citizens. There are no restrictions on the amount of land foreigners can own, no time limits on ownership, and no restrictions on transfer. Chile's OECD membership (since 2010) provides strong international institutional backing for property rights.
The Deed: Escritura Pública
The formal transfer of property in Chile is executed through a notarized public deed called the Escritura Pública de Compraventa. This document must be prepared by a licensed Chilean attorney, signed before a Notario Público (Public Notary), and subsequently inscribed at the Conservador de Bienes Raíces (Property Registry) to be legally effective.
Required Professionals
A licensed Chilean attorney (abogado) is essential for any property purchase. You'll also need a Notario Público to certify the Escritura, and an agrimensor (licensed surveyor) for boundary verification. For remote purchases, your attorney should have specific experience with foreign buyers.
DIFROL: Border Zone Approval
Properties within 50 km of an international border (Chile–Argentina) are subject to DIFROL review. However, as of 2022, Chile's DIFROL has confirmed that private-to-private rural sales in most border areas do NOT require prior authorization — this depends on the specific zone designation. Your attorney should verify this for each specific property.
How Title Transfer Works in Chile
Promesa de Compraventa
Preliminary purchase agreement signed before a Notary. Buyer pays ~10% deposit. Sets purchase price and closing date. Legally binding for both parties.
Escritura Pública de Compraventa
The final deed of sale. Executed before a Notary. Balance of purchase price transferred. Both parties sign (or attorney with POA). Original deed held by Notary.
Inscription at Conservador
The Escritura is inscribed at the local Conservador de Bienes Raíces (Property Registry). Title passes legally to buyer upon inscription. Takes 5–10 business days.
Documentation Checklist
Documents You'll Need
A complete list of documents required for foreign buyers. Your attorney will guide you through each one.
| Document | Notes |
|---|---|
| Passport or national ID (buyer) | Certified translation into Spanish if not already in Spanish or English |
| Power of Attorney (if remote) | Must be notarized in your country + apostilled under the Hague Convention |
| RUT number | Chilean tax ID. Obtained from SII (can be done remotely via attorney) |
| Bank transfer documentation | For wire transfers from abroad — Chile may require proof of fund origin for larger transactions |
| Property title (seller provides) | Your attorney verifies this at the Conservador de Bienes Raíces |
| Land survey certificate | Completed by licensed agrimensor. Confirms boundaries match registry |
| Water rights certificate (if applicable) | From DGA (Dirección General de Aguas) registry |
Your Team
Professional Roles in a Chilean Land Purchase
Understand who does what — and how much they typically cost.
Chilean Attorney (Abogado)
Title search, drafting Promesa and Escritura, coordinating notary, registering title, providing legal advice, representing you with POA
Typical Cost
$1,500–$3,500 USD (flat fee for rural purchase)
Notario Público
Certifying Promesa and Escritura, verifying identity of parties, holding original deed
Typical Cost
0.2–0.5% of purchase price
Land Surveyor (Agrimensor)
Verifying physical boundaries, producing boundary report, GPS marking of corners
Typical Cost
$500–$1,500 USD
Hydrology Consultant (if needed)
Verifying water rights, assessing water sources, applying for new DGA rights if needed
Typical Cost
$800–$2,500 USD
Critical Legal Point
Water Rights Are Separate from Land
In Chile, water rights (derechos de aprovechamiento de aguas) are legally separate from land ownership. You can own land adjacent to a river without having the legal right to use that water. Always verify water rights separately at the DGA registry.
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