Shallow Geothermal Energy adds mandatory registration and SEC oversight

The Ministry of Energy published Decree No. 17, dated May 27, 2026, which modifies the regulation of Law No. 19,657 on geothermal energy concessions to incorporate shallow utilization projects created by Law No. 21,711. The regulation appears in the Official Gazette No. 44,586 of Thursday, October 29, 2026, Section I, with official reference CVE 2892208, and was processed by the Comptroller General of the Republic on October 21, 2026, with observations.

What is considered shallow utilization

The text incorporates a definition of Shallow Geothermal Energy Utilizations (ASEG) into the regulation: open or closed systems that use the natural heat of the earth between the surface and 400 meters deep, with an average resource temperature of up to a maximum of 90 degrees Celsius, and which make final use of the thermal energy without transforming it into electrical energy.

• Open system: extracts water from a surface or underground body for thermal exchange.
• Closed system: uses a geothermal exchanger, without direct water extraction or reinjection.
• Geothermal exchanger: a closed circuit of pipes in vertical, horizontal, spiral configuration, or submerged in a body of water.

The regulation expressly excludes from its application thermal waters, mineral or not, used for sanitary, tourist, or recreational purposes, which will continue to be governed by Decree with Force of Law No. 237, of 1931. In open systems, operation is subject to the provisions of the General Directorate of Waters in accordance with the Water Code.

National Registry and required documentation

The new Title IX creates the National Registry of Shallow Geothermal Energy Utilizations, which will be maintained by the Ministry of Energy through a digital platform. Registration is mandatory once the system is constructed and before it enters operation, and the registry must allow free public access to information, in accordance with Law No. 20,285.

The Superintendency of Electricity and Fuels (SEC) will have direct access to the registry and the founding documents. The required documentation includes:

• Identification of the holder, including RUT, address, email, and telephone, and legal representative when it is a legal entity.
• Location by region, province, and commune, with U.T.M. coordinates, WGS-84 Datum, and zone.
• Purpose (heating, cooling, domestic hot water, or combination), type of use, and property.
• Installed thermal capacity in kilowatts, total investment in Chilean pesos, and date of commencement of operation.
• For open systems: maximum extraction and reinjection flow rates in liters per second, temperatures, and well depth.
• For closed systems: type of heat exchanger, number and depth of wells, and total length of piping.

If information is missing, the Ministry grants 10 business days to remedy the deficiency, extendable once, under penalty of the registration being considered withdrawn. Modifications and the definitive termination of operation must be reported within 20 days.

Technical standards and oversight

The decree incorporates a new Title VIII on geothermal safety, applicable to both concessions and ASEGs. The SEC will issue, subject to approval by the Ministry of Energy, two technical standards: Technical Standard No. 1, on safety in geothermal concessions, and Technical Standard No. 2, on safety in shallow direct-use exploitations.

Regarding oversight, the regulation replaces references to the National Geology Service with the SEC, specifies supervision powers, and establishes that infractions will be sanctioned in accordance with Law No. 18,410. Regarding ASEGs, oversight may be exercised from the commencement of the system’s operation.

Implementation deadlines

The transitory articles establish a demanding schedule:

• Technical Standards No. 1 and No. 2 must be issued within 18 and 36 months, respectively, from publication.
• Shallow exploitations already in operation will have 12 months to register, submitting a reduced set of information.
• Safety requirements would apply to concessions and installations registered after the entry into force of each technical standard.

The decree bears the signature of President José Antonio Kast Rist and the Minister of Energy, Ximena Rincón González. The Comptroller’s Office, headed by Dorothy Pérez Gutiérrez, processed the act with observations: it specified the scope of the ASEG definition, noted an erroneous citation of Supreme Decree No. 76 of 2006, and warned that the modified regulation was promulgated in 2012 and not in 2013.

The change closes a gap that affected an expanding industry: until now, shallow geothermal projects, used to climate-control homes, hotels, and industrial sites, operated without a clear registration or safety framework. With this regulation, holders now have enforceable obligations before the SEC, including the declaration of commencement of operations, the technical file of the work, and the safe closure of the facilities.

Source: Official Gazette of the Republic of Chile, No. 44,586, Thursday, October 29, 2026, Section I, pp. 1-11 (official reference: CVE 2892208).