On December 11, 2020, the Controller General of the Republic, hereinafter “CGR”, on the occasion of a request submitted by the Foundation Defend the City, consisting of the CGR to pronounce on the legality of the document No. 1. 546-S/2019, of the Works Directorate of the Municipality of La Florida, hereinafter “DOM”, which rejected its request to initiate an invalidation procedure with respect to building permit No. 143, of 2019, of that unit, based on the fact that projects such as that of the type are governed by official letter No. 184, of 2009, hereinafter “Specific DDU No. 5”, of the Urban Development Division of the Ministry of Housing and Urban Development, since, in the Foundation’s opinion, this would violate the urban spacing regulation; issued Ruling number E58946/2020, by virtue of which, in its opinion, the Specific DDU No. 5, by providing a different parameter to the total height of the building to determine the distance, as well as by contemplating various distances according to the floor they face, would be amending the General Ordinance on Urbanism and Construction, for which it would be acting outside the scope of its competence, defined in Article 4 of the General Law on Urbanism and Construction.
As a consequence of the foregoing, CGR determined that the Building Permit was not adjusted to the law, instructing the DOM to correct the irregularity, specifically through the invalidation of the administrative act. On the other hand, CGR instructed the Undersecretary of the Ministry of Housing and Urbanism to adopt the measures to adjust the content of the Specific DDU No. 5. In both cases, CGR must be informed within 15 days as from the receipt of Opinion number E58946/2020.