Chile’s notaries and conservators of real estate are poised to operate under a new designation mechanism, following approval by the Chamber of Deputies. The bill, numbered 12092, has been forwarded to the Senate for final congressional review before potential submission to the Constitutional Tribunal and subsequent promulgation.
The proposed legislation aims to redefine the process for appointing notaries and conservators, positions critical to the country’s legal and property registration systems. Conservadores de Bienes Raíces, or Conservators of Real Estate, are public officials responsible for maintaining records of property ownership and associated rights, including purchases, donations, and inheritances. According to the Conservador de Bienes Raíces de Santiago, these officials also handle registrations of mortgages, liens, and prohibitions on property.
Currently, the roles and regulations governing these positions are outlined in articles 446 to 452 of the Code of Civil Procedure (COT) and the Decree of June 24, 1857, which regulates the Registry and Conservator system of Real Estate. The new bill seeks to modernize this framework.
The functions of a Conservador de Bienes Raíces extend beyond simply recording property transactions. They also include maintaining records related to mortgages, liens, and other encumbrances on properties, as well as handling registrations of water rights. The Conservador de Bienes Raíces de Santiago offers online verification services for documents issued by the registry, allowing citizens to check the validity of electronic signatures and the integrity of official records.
The bill’s passage through the Chamber of Deputies signals a potential shift in how these key legal positions are filled. Even as details of the new designation procedure remain undisclosed pending Senate review, the move suggests a desire to streamline or reform the existing appointment process. The legislation also encompasses archivers, indicating a broader effort to update procedures within Chile’s legal record-keeping infrastructure.
The Conservadores Digitales platform, a digital platform integrated for Notaries and Conservators of Chile, suggests an ongoing effort to modernize the system. However, the specifics of how the new designation mechanism will interact with these digital advancements remain unclear.
