My house flooded: an emergency legal guide for storm victims

Context of the climate emergency

The country is facing a severe crisis. As this article goes to press, the provisional toll given by Senapred as of 17 July points to tragic consequences, including deaths and families in shelters, on top of more than half a million homes without electricity and close to eight hundred homes with damage of varying severity nationwide, ranging from minor damage to total destruction. In response, the Government declared a preventive emergency in ten regions, stretching from Coquimbo to Los Lagos, a measure initially set to run until 21 July. It is important to note that the declaration of a catastrophe zone for the Biobío Region is currently under evaluation by the Executive. This service guide aims to provide clear, verified guidance for those affected in the middle of this complex situation.

Before cleaning up or removing debris: documentation

The natural impulse after seeing your home flooded is to start cleaning up and throwing out what has been ruined right away. In law, however, what cannot be proven does not exist. Before you move a single piece of furniture, document everything. Take photographs and record video of every room, making sure the digital files keep their date and time stamps. Write up a detailed inventory of the structural damage and the belongings you lost.

Beyond your own record, it is vital to have official backing too. Request a certificate of attendance from the Fire Department if they responded to the emergency at your home, or ask staff from the Municipal Building Department to certify the condition of the property. Finally, keep absolutely every receipt for the emergency expenses you have to incur, from pumps to extract water to materials for temporary repairs. This body of evidence is the one thing that will determine how well your dealings with insurers and State institutions go.

The Ficha Básica de Emergencia and State assistance

The Chilean State channels its initial assistance through the Ficha Básica de Emergencia, an instrument run by the Ministry of Social Development. This form is not applied for online. It is administered in person, at the affected home or in shelters, by properly identified public officials. Its purpose is to record the level of damage to the home and the make-up of the household.

Being surveyed and registered is an essential requirement for unlocking assistance such as the Bono de Recuperación or other subsidies the Government makes available during the crisis. We recommend keeping an eye on official channels such as Chile Atiende for the survey schedule in your municipality.

Home insurance: deadlines and warnings

Anyone paying off a mortgage is required to carry fire insurance, but cover for rivers overflowing, extreme rainfall or flooding depends entirely on whatever additional clauses were taken out in each policy. The first step is to report the loss directly to the insurance company or through the bank that granted the loan.

According to the Comisión para el Mercado Financiero, policies set tight deadlines for reporting a loss. We advise filing the report as soon as possible, attaching all the photographic material you have gathered. We want to issue a very serious legal warning here: after you file the report, the company will send a loss adjuster. You should not accept settlement offers or sign a release in a hurry if you believe the amount offered does not cover the actual, documented repair cost. In cases of major disagreement, our lawyers specialising in civil litigation can review the settlement and advise you on the appropriate challenge.

Leases and habitability after the emergency

One of the most distressing questions comes from people living in leased properties that have suffered severe damage. The Chilean Civil Code is clear on the reciprocal obligations in these cases of force majeure. The landlord has a legal duty to keep the property fit for the purpose it was leased for. If the house has been left temporarily uninhabitable, the tenant has the right to demand repairs at the owner's expense and to request a proportional reduction in rent for as long as the work takes.

If, on the other hand, the property suffered total destruction or structural damage that permanently prevents it from being used as housing, the lease ends through loss of the leased thing. The tenant is not obliged to keep paying the monthly rent and is entitled to the return of their security deposit. From the owner's side, if this house was your main source of income, it is essential to register promptly with the municipal survey so you can be assessed for State recovery benefits, and to look into the exceptional rules we cover in our analysis of the economic and housing megareform.

Property tax (contribuciones)

Paying tax on a destroyed home is a burden the law allows you to ease. Owners can apply to the Servicio de Impuestos Internos (the Chilean tax authority) for a reassessment of the fiscal appraisal due to destruction or severe damage to the property. This process seeks to lower the property's fiscal value and, as a result, reduce or waive future quarterly instalments while the property remains unrepaired. Our team offers full advice through our property tax service to handle these technical filings with the tax authority.

In addition, if the Government formally confirms and declares a catastrophe zone for regions currently under evaluation, such as Biobío, presidential decrees are usually activated that automatically extend property tax payment deadlines, freezing interest and penalty fines. Where payments were made in excess during periods of documented damage, you can claim a refund of property tax through a reassessment. It is essential to act quickly to avoid falling into arrears that trigger the risk of enforced collection, where the time limits under the limitation period for property tax owed to the Treasury are strict.

It is worth noting that in future instalments we will go deeper into the question of who bears civil liability when flooding was made worse by third party negligence or a lack of maintenance of public or private infrastructure.

Emergency document summary

Frequently asked questions from those affected

How we handle it

At Terreno en Regla we support those affected from the administrative stage through to any dispute that arises with the insurer or the tax authority. Our own team of lawyers reviews the documentation you have already gathered: the certificate from the Fire Department or the municipality, the dated photographs and the emergency expense receipts, and tells you which step to prioritise given your situation.

If the insurance company presents you with a settlement that does not cover the actual repair cost of your home, our civil litigation team reviews the offer before you sign a release. If what you need is to lower the fiscal appraisal of a damaged property, our property tax service takes care of the technical filing with the tax authority.

This guide is part of a series on water and property risk. If the damage was made worse by a neighbour's actions, see our analysis of rainwater disputes between neighbours. If you have not bought a property yet and want to avoid going through this, see how to check for it beforehand in our guide to land in flood zones.

The first assessment is free. Write to us with your damage certificate, your insurance policy or any notice you have received, and we will tell you precisely which procedure applies and which deadline you cannot afford to miss.