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The current Las Condes Mayor Joaquín Lavín has always had special skills to attract attention and thus be on the front page of the news. He is interested in generating controversy, often fruitless, because his name is strengthened in the public opinion and is more positive, believes that some politicians of the right Pinochetist, as the former presidential candidate Jose Antonio Kast, He criticized with great force treating him as a populist for his initiative to build social housing in Las Condes, municipality of Vitacura and Lo Barnechea, where reside the richest and most powerful of our country.
Remember that the Municipality of Las Condes will sell 15 US $ million to the municipality of Vitacura half of its land of 2.8 hectares located within the jurisdictional territory of Vitacura, property that had a use of residential land, valued by property brokers in US $ 45 million, so adapted to build high-rise buildings in luxury homes, which was not possible for the environmentalist decision pbaded by the mayor Raúl Torrealba to change the use of these lands in his Communal Regulatory Plan (PRC): nowadays it is a green zone with a market transaction price equal to zero.
The commercial operation of division of the land was produced by the political instruction of the Minister of Housing and Urbanism, Cristián Monckeberg, who called the order to the two mayors, for their vague struggles regarding the use of property, news that also had a lot of media coverage. If the 2.8-hectare land owned by Las Condes had been maintained with its use of land suitable for housing construction, Lavin would have sold on the market in the 45 million US dollars reported, an amount that he would have done wonders.
Now we categorically reject the hysterical claims of some elderly neighbors who live in the vicinity of the 15-story tower, planned opposite the Athens roundabout in Las Vegas. Condes, a project that will be located on municipal land that allows this height and which considers 84 departments of 65 m2 each which will be intended for parents who are born and currently live in this municipality, which in general will not receive free properties that will have prices between 1,800 and 2,000 UF.
Emerging middle-clbad families who are against this initiative, which carries the label of social integration, fear departments that have already automatically benefited from the housing bubble, now "with hanging clothes" on the balconies of apartments of new residents, there is a handicap in their properties.
Due to the construction characteristics and forms of acquisition of the departments of the Lavín tower, we affirm that they are not social housing. Strictly speaking, it is affordable housing that will receive, by public deed, the infinity of the tax benefits offered by the DFL2. If we talk socially about social housing it is to produce a positive impact on the person of Lavín, who values himself as well as a modern politician who, regardless of the criticism of some, declares himself as a leader of the l & # 39; inclusion in such a segregated city as Santiago
To remove doubts, we argue that social housing was created by Article 3 of Legislative Decree No. 2552, published in the Official Journal of 23 February 1979, dictatorship military complete, defining them as those who are not. exceed the equivalent of 400 UF. In fact, the above-mentioned article 3 of DL 2552 establishes the following:
"Article 3.- For all legal purposes, social housing shall be understood as the economic dwelling of a definitive character intended to to solve the problems of housing marginality, financed by public or private resources, regardless of their methods of construction or acquisition, and whose estimated value does not exceed 400 Unidades de Fomento
] The badessment will be made by the respective Municipal Works Department when the building permit is requested.
The sum of the following factors will be considered:
a) The value of the land, which will be the tax badessment of the property, in force on the date of application for the indicated permit, and
b) The construction value of the house, according to the project presented, which will be evaluated according to the table u unit costs referred to in Article 127 of Supreme Decree No. 458, 1976, Housing and Town Planning, General Law of Urban Planning and Construction. To this end, the Ministry of Housing and Urban Development will prepare this table and its quarterly readjustments, in accordance with the basic building value tables used by the Internal Revenue Service, excluding factors related to the communal clbadification. in addition, the technical characteristics, urbanization and equipment indicated by the regulations issued by the President of the Republic through the Ministry of Housing and Urban Development.
Acts, contracts, deeds and documents that are executed, conceded or subscribed in respect of social housing, they will be exempted from the law on the stamp, the seal and the sealed paper. "
Then, the law 19,537 on the property co-ownership, published in the Official Journal of 16 December 1997, already in democracy, established in its 40th article, the following:
" Article 40.- For the purposes of this title, they are considered as living social housing final character, intended to solve the problems of marginality of housing, whose estimated value does not exceed by more than 30% that indicated in the decree-law n ° 2.552 of 1979. "
It is by this last law that the social housing can reach a value of 520 UF.
For the proper way to determine the value of social housing, the rule established at l 39 Article 6.1 applies .4, of the General Ordinance on Town Planning and Construction (OGUC), which reads as follows:
"Article 6.1.4. The character of social housing will be certified by the respective director of municipal works, who will evaluate it taking into account the sum of the following factors:
1. The value of the land, which will be the tax badessment of the property.
2. The construction value of the house according to the project presented, which will be evaluated according to the table of unit costs referred to in article 127 of the general law of town planning and construction. For this, the Ministry of Housing and Urban Development will prepare the table and its quarterly readjustments, in accordance with the tables of basic construction values used by the Internal Revenue Service, excluding the factors related to the communal clbadification. "
a few years ago the Minvu ordered the director of municipal works of Santiago to proceed to certify as social housing, although they were not, to apartments that were part of buildings in height, trap that the foundation Defend the city denounced, with the senator Nelson Ávila, not only the national director of the Internal Revenue Service (SII), but also the controller general of the Republic , the supervisory body that issued the categorical opinion No. 58261 of 21/12/07 against this ministry.
It is therefore clear that the true marginalized of Las have no ability to pay, they will not be able to live in the famous 15-story tower that will face the Athens roundabout, although that Lavín is timidly going in the right direction.
Therefore if you really want to move forward in promoting urban policies if In addition to the civilized countries, the current challenge in Chile, and especially Las Condes, will be to build with Serviu many authentic social housing in the richest areas of this town. If it is argued that there are no sites available, Lavín must read Article 50 of the General Law on Town Planning and Buildings
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