New law prohibits condominiums from preventing anti-fall netting on windows

The Official Gazette of the Republic of Chile published this Wednesday, September 23, 2026, Law No. 21,842, which amends Law No. 21,442 on Real Estate Co-ownership to allow additional security systems against accidental falls in high-rise buildings. The regulation prohibits co-ownership bylaws from preventing owners, tenants, or occupants from installing protection nets, locks, or window opening limiters. The text appears in Section I of bulletin No. 44,556, pages 1 and 2, under the official reference CVE 2873234.

The initiative originated from five parliamentary motions, whose authors include senators Fidel Espinoza Sandoval, Alejandro Kusanovic Glusevic, Manuel José Ossandón Irarrázabal, Enrique Van Rysselberghe Herrera, María José Gatica Bertin, Yasna Provoste Campillay, Ximena Órdenes Neira, and Iván Flores García, along with former senators David Sandoval Plaza, Francisco Chahuán Chahuán, Carolina Goic Boroevic, Carlos Montes Cisternas, and Eugenio Tuma Zedan.

The Executive promulgated the text on September 16, 2026, signed by the President of the Republic José Antonio Kast Rist, the Minister of Housing and Urbanism Iván Poduje Capdeville, the Minister of the Interior Claudio Alvarado Andrade, and the Minister of Justice and Human Rights Fernando Rabat Celis. The official transcription corresponds to the Undersecretary of Housing and Urbanism Natalia Aguilar Bravo.

Bylaws may not prohibit nets

The sole article of the law introduces two changes to the first article of Law No. 21,442. The first adds a second paragraph to letter b) of the first subsection of article 8°, which prevents the co-ownership bylaws from prohibiting the installation of additional, permanent, and resistant security systems intended to prevent accidental falls.

The regulation expressly mentions high-resistance protection nets, window locking or opening limitation systems, and other mechanisms that comply with the instructions of the Executive Secretariat of Condominiums. Bylaws may set minimum quality standards for these devices and conditions for installation and maintenance, for the purpose of preserving the order, homogeneity, and safety of the building.

Obligation in homes above the first floor

The second change incorporates a Paragraph 4° to Title VII, “On Condominium Security,” and a new article 43 bis. The obligation falls upon the co-owner, tenant, or occupant in any capacity of a residential unit located above the first floor, and is activated when the following reside therein:

• Boys or girls up to twelve years of age.
• Persons with special needs who present a higher risk of falls.

In those cases, appropriate security measures must be implemented in the sectors of the unit or the common domain assets assigned for exclusive use and enjoyment that present a risk of falling. The obligated party must inform the administrator regarding the installation of the measure and provide the corresponding documentary evidence.

Deadlines, instructions, and responsibility

The transitory article provides that the obligation of article 43 bis shall be enforceable once twenty-four months have elapsed since the publication of the law in the Official Gazette, that is, starting from September 23, 2028.

The Executive Secretariat of Condominiums may issue general instructions for the application of the article, in accordance with article 97 of the law. The manufacturer, supplier, or installer shall be liable for failures or defects in the security measures pursuant to Law No. 19,496, which establishes norms on the protection of consumer rights, without prejudice to any civil liability that may be applicable according to general rules.

The norm alters the balance between the autonomy of the communities and the safety of their residents: administrators and committees must review their regulations to eliminate prohibitions currently in effect, while owners and tenants of high-rise apartments obtain an explicit right to protect windows and balconies. The two-year period provides margin to adapt the regulations and for the Executive Secretariat of Condominiums to issue the corresponding technical instructions.

Source: Official Gazette of the Republic of Chile, No. 44,556, Wednesday, September 23, 2026, Section I, pp. 1-2 (official reference: CVE 2873234).