Loteos rurales y parcelas en el campo, danza de millones

Tras la batalla entre la autoridad y la industria inmobiliaria por la regulación de permisos para subdividir terrenos rurales y convertirlos en parcelas hay una danza de varios miles de millones de dólares que, en los últimos años, ha movilizado a decenas de desarrolladores inmobiliarios, entre ellos, las 50 empresas que desde la AG Chile Rural enfrentan a la autoridad en tribunales.

Equipo de El Regionalista

En julio pasado, el Ministerio de Agricultura decidió corregir la conducta habitual de uno de sus organismos dependientes, el Servicio Agrícola y Ganadero, SAG, y obligarlo a ejercer el rol de control que la ley le confiere en el lucrativo negocio de las parcelas “de agrado”.

Según el titular de la cartera, Esteban Valenzuela, la acción apunta a modificar una postura que se ha instalado hace ya tiempo en organismos públicos y que él identifica como “omisión lesiva”. Algo así como recibir la solicitud, poner el timbre en el documento que la entidad debe emitir, pero sin hacer cumplir el rol que la ley le otorgó: es decir, “mirando pa’l lado”.

Vamos por partes

¿Cuánto representa el avance de las parcelas rurales? El número de requerimientos de parcelación en el país aumentó solo entre 2021 y lo que va de 2022 en más de un 20%, totalizando casi 340 mil solicitudes. Nuestra región fue la tercera que tuvo mayor crecimiento, superada sólo por Maule y Copiapó, y la presión por parcelar pone a Los Lagos en el primer lugar del ranking desde hace varios años.

Hay analistas que justifican ese incremento por los efectos de la pandemia, contexto que movió a muchas familias a buscar aire más limpio en el campo, alentadas por la facilidad del trabajo desde casa.

La visión de la autoridad

Sin embargo, en la visión de la autoridad, hay dos situaciones anómalas que se vinculan con la proliferación de parcelas en el campo. Una, son los efectos de lo que, en la práctica, es la instalación de extensiones de ciudad donde no debiera haberlas. Por ejemplo, requerimientos de servicios como agua, electricidad, recolección de basura, que recaen sobre todo en los municipios y que implican contaminación, demanda de caminos, postación eléctrica.

Pero, además, al Ministerio de Agricultura le preocupa el avance de centros urbanos sobre tierras productivas, cuya desaparición es una amenaza real a la seguridad y soberanía alimentaria. Porque la caída de la superficie sembrada en el país es una señal de alerta de antigua data, que hasta ahora no ha sido tomada en cuenta por la confianza que le dan a le élite las decenas de tratados de libre comercio suscritos por el país con las economías que tienen mayor peso en el mundo. Pero esa convicción, en la que descansa por ejemplo el abastecimiento de legumbres y cereales de Canadá, Argentina, México o Estados Unidos, está en tela de juicio por la crisis del transporte producida por la pandemia y agravada por la guerra ruso-ucraniana.

La estadística de cultivos anuales (que son fundamentales para el abastecimiento alimentario de la población) ha experimentado una caída constante desde hace décadas. Si en 1980, en Chile se sembraban un millón 200 mil hectáreas; en 2000 eran 829 mil; en 2010 alcanzaban las 719 mil y en 2021 totalizaron 536 mil. O sea, en 40 años, los cultivos anuales cubren menos de la mitad de la superficie que se ocupaba para ese fin en 1980.

En la visión de Agricultura, perder tanto terreno productivo es una amenaza para la seguridad y soberanía alimentaria, sobre todo cuando hay factores que ponen en riesgo el abastecimiento de alimentos desde el extranjero.

La reacción de las empresas

Ante las acciones del Estado, las empresas inmobiliarias que lideran la industria de las parcelas se organizaron en la Asociación Gremial Chile Rural, solo tres semanas antes de que el Ministerio de Agricultura publicara su decisión de hacer cumplir la ley. Desde esa fecha, el gremio de desarrolladores inmobiliarios ha presentado una decena de recursos de protección, denunciando ilegalidad de la medida. Según Chile Rural, Agricultura  y el SAG deben remitirse a certificar que las subdivisiones no sean inferiores a media hectárea y que todo otro requerimiento corresponde a atribuciones indebidas del Ejecutivo, por lo que se está arrogando atribuciones del legislador.

Los recursos ante la Corte de Apelaciones no están resueltos, sin embargo esta semana, el 7° Juzgado Civil de Santiago acogió una medida “prejudicial precautoria” presentada por la asociación gremial, suspendiendo la aplicación de las instrucciones que dio el Ministerio de Agricultura al SAG. Lo anterior, hasta que haya una resolución judicial definitiva. Y como el Ministerio alega plena legalidad para su actuar, con el soporte del Consejo de Defensa del Estado apelará ante la corte, solicitando la reposición del instructivo de julio. Y también impulsará la tramitación de un proyecto de ley que dejaría las subdivisiones de predios rurales en un mínimo de dos hectáreas y no media hectárea como es hoy. De la misma manera, la definición de Contraloría sobre el caso, deberá esperar que los tribunales emitan su resolución.

Danza de millones

La batalla entre la autoridad y la industria inmobiliaria no se resolverá vía acuerdo entre las partes, no solo porque, al decir de Chile Rural, se está vulnerando algo tan fundamental como el derecho de las personas a elegir el sitio de residencia, sino porque hay una enorme cantidad de dinero en juego. Veamos esas cifras, haciendo la cuenta del carnicero y considerando las autorizaciones de subdivisión que registró Impuestos Internos el año pasado.

Supongamos que las 280 mil autorizaciones de 2021 condujeron a la venta de dos parcelas de media hectárea cada una y que cada parcela se vendió en 20 millones de pesos (aunque sabemos que cada subdivisión puede llegar a varias decenas de parcelas y que en el entorno del lago Llanquihue es difícil encontrar parcelas por menos de 50 millones de pesos). El cálculo conservador apunta a varios miles de millones de dólares, sumas siderales que explican que Chile Rural tenga una potente y costosa campaña en redes sociales y prensa con rostros-ancla como el exfiscal Carlos Gajardo y el que fuera subsecretario de Medio Ambiente durante Piñera II, Felipe Riesco.

En el trasfondo, y con el conflicto aún sin resolver, el enfrentamiento entre la poderosa industria inmobiliaria y el Ejecutivo desnuda una pugna ya conocida en el país y que vuelve la vista sobre la intención de transformaciones del gobierno versus el poder de inversionistas inescrupulosos. Porque en el jugoso terreno de las parcelas rurales, el gobierno busca recuperar un rol regulador real, entorpecido por la abulia de las instituciones del Estado y empequeñecido por la omnipotencia de empresas que no se detienen frente a su impacto en el ambiente ni la invasión de suelos necesarios para la producción de alimentos.

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639 comentarios en “Loteos rurales y parcelas en el campo, danza de millones”

    1. En el programa Lugares que Hablan, Pancho Saavedra entrevistaba a un artesano que señalaba su preocupación por parcelaciones en Puerto Montt, sin respetar Flora, Fauma y Humedales del sector, lógico que todas con vista al hermoso Lago Llanquihue. Los municipios poco tienen que decir, lamentable…bueno es cosa de mirar por aquí cerca: Vichuquen, Rapel, Laguna de Cahuil, Laguna El Perro y bordes costeros

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