Exception 5000 meters sag family: the definitive guide to the sabag law in chile

The dream of many fathers and mothers who live in rural areas is to be able to give a piece of land to a child so that they can build their own house and keep the family together. However, that illusion usually turns into a great disappointment when they go to the municipality or the SAG and the authorities inform them that Decree Law 3,516 strictly prohibits any subdivision smaller than 5,000 square meters or half a hectare.

Faced with this obstacle, we have excellent legal news that few know about. There is an exceptional exception popularly called the Sabag Law or Law 19,807, which allows this general prohibition to be bypassed. This regulation authorizes delivering much smaller lots, but exclusively to your immediate family members, thus ensuring the assets and future of your loved ones in a completely legal manner.

What is the sabag law and who does it benefit?

The Sabag Law is a specific legal modification to Decree Law 3,516, designed to protect family roots in the agricultural areas of our country. It works like a master key that authorizes the original owner of a field to transfer a piece of his land to his loved ones without the need to meet the required minimum of 5,000 square meters.

This standard was created precisely with a spirit of protection, understanding that families grow and need space to live close to their roots. In addition, it is important to note that this law also applies when you wish to donate or transfer small pieces of land to non-profit organizations or institutions, which is ideal for building a social headquarters, a neighborhood association or a chapel in the countryside.

The 3 strict requirements to use this law

In order for the SAG and the Real Estate Registrar to approve your family subdivision under this legal exception, you must comply with very precise technical and legal requirements. Below, we explain them to you:

• Lot size: The plot that you want to subdivide and transfer must necessarily measure between 500 and 1,000 square meters. The law is clear on this matter, so it cannot be more or less than that specific range.
• The family link: The transfer can only be made once to first-degree relatives by blood or affinity. This means that it applies from parents to children, from children to parents, or also to spouses and in-laws. You must be clear that this exception does not apply to uncles, cousins or close friends.
• Housing use: The main and legal purpose of the land must be exclusively for the benefited family member to build their own housing solution.

The fine print: the 5-year sales ban

It is essential to warn that you should not use this law as a mechanism to carry out illicit real estate businesses or make quick profits. The regulations impose a very strict legal lock to protect its original purpose. The family member who receives the land of 500 or 1,000 square meters will have an absolute legal prohibition from alienating or selling the lot for a period of 5 years. This time is counted from the exact moment of registration with the respective Real Estate Registrar.

This clause seeks to avoid at all costs the well-known witch lots hidden under false family donations. Therefore, if your real intention is to sell to an unknown third party in the near future, this law simply does not work for you and your application will be rejected.

Family subdivision faq

Will the new family plot have its own role in the sii?

Absolutely yes. As it is a completely legal subdivision and approved by all competent bodies, the new patch of 1,000 square meters will be totally independent of the father or mother's original land. You will have your own public deed and will obtain your own appraisal role in the Internal Revenue Service.

Do i need a surveyor to do this procedure?

Yes, it is an essential requirement. The Agricultural and Livestock Service requires high-precision georeferenced topographic plans in order to approve the exception of the Sabag Law. A professional survey ensures that the measurements comply exactly with current regulations.

Can 2,000 square meters be transferred to a child under this law?

Unfortunately not. The law is extremely rigid in this regard and establishes that the maximum limit of the exception for family members is 1,000 square meters. Any area greater than that figure, but less than 5,000 square meters, will be rejected outright by the authorities.

Keep your family together and with the papers in order

Inheriting a child in life is, without a doubt, the greatest act of love and foresight that you can perform. However, doing it incorrectly through verbal agreements or with false transfers of rights is, in essence, leaving you with a serious legal problem for the future. The Sabag Law is the perfect tool to achieve this dream, but it requires topographical and legal processing without margin for error.

At terrenoenregla.cl we do the entire process for you. Our team of expert surveyors goes directly to your field, measures the patch with millimeter precision and puts together the impeccable technical portfolio for the SAG. Then, our lawyers draft the final transfer deed for your child and successfully register it with the Registrar. Contact us today and secure the future of those you love most.