Publicity of municipal urban planning acts: comment on the Supreme Court’s Judgment No. 175-2020 (Inmobiliaria San Carlos S.A. with Ilustre Municipalidad de Las Condes)

Abstract

This commentary refers to a recent Supreme Court ruling on the publicity of municipal urbanistic acts. The latter is a relevant ruling since it allows us to appreciate the two moments that judicial jurisprudence has had to date regarding this important matter and to pose some future jurisprudential challenges. Firstly, the Supreme Court identified the problem referred to a category of administrative acts that would not be notified to all interested parties or published in the Official Gazette, arguing that for the challenge, the relevant date is the date of issuance of the act. Secondly, the Supreme Court deems it possible that certain building permits must be published in the Official Gazette, given their particularities due to particular circumstances related to the commune’s general interest. However, the Supreme Court has not determined these particular circumstances; thus, this commentary ends with a proposal regarding the content of a possible case law’s third stage.