{"id":15524,"date":"2026-04-16T17:18:54","date_gmt":"2026-04-16T17:18:54","guid":{"rendered":"https:\/\/alvareza.cl\/?p=15524"},"modified":"2026-04-16T17:18:26","modified_gmt":"2026-04-16T17:18:26","slug":"legal-alert-modifications-to-acts-subject-to-comptrollers-prior-review-toma-de-razon-changes-introduced-by-resolution-no-3-of-the-comptroller-general-of-the-republic","status":"publish","type":"post","link":"https:\/\/alvareza.cl\/en\/legal-alert-modifications-to-acts-subject-to-comptrollers-prior-review-toma-de-razon-changes-introduced-by-resolution-no-3-of-the-comptroller-general-of-the-republic\/","title":{"rendered":"Legal Alert: Modifications to Acts Subject to Comptroller\u2019s Prior Review (Toma de Raz\u00f3n): Changes Introduced by Resolution No. 3 of the Comptroller General of the Republic"},"content":{"rendered":"\t\t
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Date of publication: April 2026
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Authors:<\/strong> Alejandro \u00c1lvarez and Blanca Oddo \u2013 Alvarez Abogados<\/p>

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<\/strong>I. Introduction<\/strong><\/p>

This legal alert analyzes the incorporation of section 16.5 into the catalogue of acts subject to prior review (toma de raz\u00f3n), introduced by Resolution No. 3 of the Comptroller General of the Republic, published on February 21, 2026, which amends Resolution No. 36 of 2024.<\/p>

The analysis focuses particularly on its scope with respect to the Ministry of Housing and Urban Development (MINVU) and its Regional Ministerial Secretariats (SEREMIs), as well as its practical implications for the issuance of administrative acts of general application.<\/p>


II. Purpose of the Regulation<\/strong><\/p>

Resolution No. 3 is based on the premise that toma de raz\u00f3n constitutes a mandatory legality review of administrative acts, aimed at safeguarding the principles of legality, probity, and the proper use of public resources.<\/p>

This is a prior control, meaning that until such review is completed, the act cannot produce legal effects.<\/p>

From a regulatory standpoint, this authority is grounded in Article 10 of Law No. 10,336, which empowers the Comptroller General to exempt certain acts relating to non-essential matters from prior review, on a reasoned basis.<\/p>

However, in practice, the resolution\u2014like its predecessors\u2014does not merely establish exemptions but rather sets out a structured catalogue determining which acts are subject to or exempt from the toma de raz\u00f3n<\/em> procedure, thereby redefining the scope of preventive legality control through regulatory means.

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III. Incorporation of Section 16.5<\/strong><\/p>

Resolution No. 3 expands the catalogue of acts subject to toma de raz\u00f3n to include scenarios that were previously not subject to such control.<\/p>

In particular, section 16.5(d), applicable to MINVU and its SEREMIs, provides that the following are subject to prior review:<\/p>

\u201cActs that approve or contain rules, instructions, guidelines or orientations of general application, as well as their amendments.\u201d<\/p>

This amendment extends preventive legality control to acts that, while not formally regulatory in nature, produce normative effects of a general character, either externally (towards private parties) or internally within the Administration.<\/p>

Furthermore, the measure reflects an intention to subject administrative interpretations of sectoral regulations to prior control, thereby limiting, in practice, the discretion of MINVU and SEREMIs in exercising their interpretative and regulatory implementation powers.<\/p>

This may directly affect the timing of implementation of sectoral policies and the regulatory certainty applicable to real estate development projects.

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IV. <\/strong>Practical Scope for MINVU and SEREMIs<\/strong><\/p>

As a result of this amendment, acts issued by MINVU and SEREMIs will be subject to toma de raz\u00f3n whenever, regardless of their formal designation, they contain rules, criteria or interpretations of general application, even if they were previously processed as exempt acts.<\/p>

The determining factor is no longer the form of the act but its scope\u2014namely, whether it is addressed to a general body of recipients, including private parties, administrative bodies or municipalities.<\/p>

In the case of SEREMIs, such generality must be understood within their respective territorial jurisdiction.<\/p>

For example, a resolution issued by a SEREMI establishing general criteria for the evaluation of projects within a region will be subject to prior review.<\/p>


V. MINVU and SEREMI Circulars<\/strong><\/p>

MINVU circulars\u2014particularly those issued by the Urban Development Division (DDU) and the SEREMIs\u2014are issued under statutory powers to instruct, interpret regulations and supervise their application.<\/p>

In light of Resolution No. 3, circulars will be subject to toma de raz\u00f3n when they:<\/p>