As a consequence of the existing sinkhole on one side of the Kandinsky building in the Viña del Mar commune, much has been said about the inconvenience of building tall buildings on the Concón dunes, but like no authority from the different democratic governments that we have had since that it became known, in the administration of President Patricio Aylwin, the abuse committed in these dunes, the time has inexorably come for the truth to be known regarding what happened in 1979, that is, in the midst of the military dictatorship.
Indeed, on September 24, 1979, the deed of sale signed by Renato Gazmuri Schleyer, on behalf of the Private Employees’ Provident Fund, later the Pension Standardization Institute ( INP) and the representative, Francisco Soza Cousiño, of the Constructora Neut Latour Ltda. and the representatives, Edmundo Pérez Yoma and Francisco Figueroa Serrano, of the Constructora Edmundo Pérez Ltda. The former, deceased today, a trusted man of Pinochet and therefore former vice president of Corfo and the next two, former ministers of governments of the Concertación. Both private companies later became Sociedad Urbanizadora Reñaca Concón SA, known in the real estate world as Reconsa.
The following is made clear below.
In the public deed of the year 1979, which was systematically denied to Let’s defend the city on the various occasions when he requested it, either at the INP continuation Institute for Social Security (IPS), the State Defense Council (CDE) and, surprise, at the Council for Transparency (CplT) itself. Given this unacceptable secrecy, it was necessary to obtain it from the Judicial Archive, which is made available to anyone who wishes to review it.
Through the signing of that deed, said privileged private individuals became owners of the so-called dunes of Concón and in this sense we recommend knowing, in order to understand the deal, the Legal Report of 03/02/1994 signed by the lawyer Pedro Pierry of the Council of National Monuments (CMN). In this public document, it is read that in the Viña del Mar Real Estate Registrar (CBR) there are registered, between the years 1980 and 1982, different lands in the name of Reconsa, with a total of 750 hectares (sic).
The objective of the commercial transaction of the year 1979, with which the State reduced the patrimony of the Private Employees’ Provident Fund, was so that those elected by that regime could carry out lucrative real estate deals on those lands and therefore to enable the investments, the head honcho of the time, Pinochet Ugarte, instructed his Housing Minister, FACH General Jaime Estrada Leigh, so that, on that natural territory, isolated buildings could be built with free height fixed only by the slope. This materialized with the publication of the Viña del Mar Communal Regulatory Plan (PRC) on December 17, 1980 in the Official Gazette, that is, one year after the aforementioned deed was signed.
The Kandinsky building was built by the Besalco company in a lot carried out by the Reconsa company, one of the beneficiaries of the direct sale of 1979. This lot was approved between 2005 and 2007, role 3120-1, by the works director municipal authorities (DOM) substitute, Fernando Durán, since the incumbent DOM, Julio Ventura, was suspended by the superior municipal authority. The respective building permit was granted in 2011 and has final receipt No. 272/2013 of September 10, 2013. This building, with a latent risk in its stability, has 34 homes, 87 parking lots and 34 warehouses.
It is quite logical that the constructions that are carried out on sandy terrain with slopes, especially when they are 30° or more, for safety, the projects must be built on terraces, a matter that the competent authorities of the Valparaíso region they will have to review the law and general ordinance of urban planning and construction, as in the regional normative instrument Premval, whose content has a higher hierarchy than the PRC of Viña del Mar.
Finally, it would be highly inappropriate that, with public funds, that is, with the taxes that all Chileans pay, the MOP executes the necessary repair works so that the owners and tenants of that building can soon inhabit it, since the cause of the damage were 2 influential private actors.
In our opinion, Reconsa and Besalco will have to assume this cost, remembering that, due to the sinkhole next to the Kandinsky building, an Investigative Commission was formed in the Chamber of Deputies, whose members we tell them that, if they wish to correctly exercise their supervisory powers , carefully review articles 45 and 47 of the Premval, also knowing the deed of sale of the year 1979, the legal report of the lawyer Pedro Pierry and make sure of the inscriptions, between the years 1980 and 1982, of the Reconsa lands in the CBR of Vina del Mar.
Due to the dates indicated in this booklet, it is evident that this major commercial operation of the year 1979 that exclusively benefited 2 construction companies is directly related to DL 3,500 of 11/13/1980, which gave rise to the Pension Fund Associations ( AFP), bearing in mind that the first superintendent of this type of pension was precisely the same Renato Gazmuri Schleyer, who, representing the State, had signed the deed of sale of the dunes to those construction companies.
By Patrick Hermann
