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Pabla Gainza

Partner

Portrait ofPabla Gainza

Pabla Gainza

Partner

Contact
CMS Carey & Allende
Av. Costanera Sur 2730, Piso 10
Parque Titanium, Las Condes
7550000 Santiago
Chile
Languages Spanish, English
Infrastructure & Projects

Pabla is a partner in the Infrastructure & Projects Group at CMS Carey & Allende. She has headed work teams for local and foreign client projects such as public works concessions, the survey of new routes, surface property analysis, negotiation, establishment of easements, reversal of railways, and land use conversion. She has experience developing strategies for the procurement of permits and regularization of wastewater treatment plants.

Her practice has allowed her to participate in areas such as urban planning, territorial planning instruments, urbanization, and plotting, as well as in the establishment of strategies for the planning of industrial distribution centres, supermarkets, shopping malls, asphalt terminals, gaming casinos, hotels, places of worship, residential areas, and educational establishments.

She is highly involved in the practice of contentious administrative cases, before various public entities, such as the Comptroller General of the Republic, Regional Offices of the Ministry of Housing and Urban Planning, Regional Offices of the Ministry of Health, Urban Development Authority, Public Works Department, etc.

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"Pabla Gaínza is an expert in public bids"

The Legal 500

"Her connections within the industry and the public administration speed up the necessary processes"

The Legal 500

"She is pragmatic, committed and effective in her dealings with the authorities"

Chambers Latin America

"Pabla Gaínza is an expert in public bids"

The Legal 500

"Her connections within the industry and the public administration speed up the necessary processes"

The Legal 500

"She is pragmatic, committed and effective in her dealings with the authorities"

Chambers Latin America

Relevant experience

  • Rezepka Inmobiliaria, on various projects for office buildings, apartments and industrial warehouse centres.
  • AKI KB Minibodegas S.A on the drafting of contracts for the acquisition and development of self-storage facilities, in six projects in Chile, five in Santiago and one in Concepción.
  • Agrícola Vertical Ltda. on the search of land, in the title search and the drafting of real estate and water rights purchase and sale agreements, for the development of Stevia crops.Enex on the Environmental Impact Statement of the Urban Transportation System, and on access to public roadways and highway concessions.
  • Gas Andes and Sonacol SA. for the survey of new routes, surface property analysis, negotiation and establishment of easements for a gas and oil pipeline, respectively.
  • Global Crossing on the fibre optic network installation project in Chile.
  • Elecnor on the installation of electric power transmission lines.
  • Container Operators on building permit denials from public agencies for a new container terminal in the City of Santiago, due to erroneous interpretation of the urban policies, procuring permits for its construction.
  • American Tower on search and study of real estate, and on the installation of telecom infrastructure.
    Southern Cross and Endesa Chile S.A, on the study for the installation of coal-fired power plants
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Awards & Rankings

Pabla is recognized as one of the best real estate lawyers in Chile by Chambers Latin America (Band 1), in the Hall of Fame by The Legal 500, Latin Lawyer 250, as Excellent by Leaders League, IFLR 1000 Best Lawyers in Real Estate Law and Administrative and Public Law. In addition, she was nominated in 2022 by Chambers Diversity & Inclusion as Outstanding Contribution and in 2018 as Chile Lawyer of the Year at Chambers Women in Law Awards: Latin America.

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Education

  • 2005 – Certification in Financial Administrative Law, specializing in “Public Assets, Urban Development, and Territory”, Pontificia Universidad Católica de Chile School of Law
  • 1997 – Certification in Tax Law for Today’s Company and its Business, Universidad Adolfo Ibáñez
  • 1995 – Law Degree, Pontificia Universidad Católica de Valparaíso 
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Real Estate

Pabla is Head of the Real Estate Group at CMS Carey & Allende, covering Zoning, Infrastructure, and Regulatory Law. Her practice has allowed her to participate in areas such as urban planning, territorial planning instruments, urbanization, and plotting, as well as in the establishment of strategies for the planning of industrial distribution centres, supermarkets, shopping malls, asphalt terminals, gaming casinos, hotels, places of worship, residential areas, and educational establishments.

Pabla was a part of the team that developed an Integrated Projects Methodology for Santiago’s Inner Ring, for the World Bank’s United Nation’s Development Programme. She has also provided urban legal consulting for the Metropolitan Region Office of the Ministry of Housing and Urban Planning in Chile, for the modification and creation of the Santiago Metropolitan Regulation Plan, on matters related to Patrimony and Public Areas.

In Infrastructure, Pabla has led teams for local and foreign client projects such as public works concessions, the survey of new routes, surface property analysis, negotiation, establishment of easements, reversal of railways, and land use conversion. She has experience developing strategies for the procurement of permits and regularization of wastewater treatment plants.

She is highly involved in the practice of contentious administrative cases, before the various public entities, such as the Comptroller General of the Republic, Regional Offices of the Ministry of Housing and Urban Planning, Regional Offices of the Ministry of Health, Urban Development Authority, Public Works Department, etc.
She worked as a senior consultant for the Real Estate practice group for the Cariola, Diez, Perez, Cotapos law firm (1995-2010).

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"Pabla Gainza stands out for her experience. She is good at providing strategic analyses that incorporate all the necessary variables in order to deliver concrete solutions in a limited time"

Chambers Latin America - 2023

"Pabla Gainza has extensive theoretical and practical knowledge – she is the best lawyer around for urban regulation issues, as she knows every detail of the regulations and her recommendations are applicable and accurate"

The Legal 500 - 2022

"Pabla Gainza’s greatest strength is her ability to mix legal knowledge with commercial and urban planning expertise; she also knows how the associated bureaucracy works, which allows her advice to be very complete and realistic"

The Legal 500 - 2022

"Pabla Gaínza is a top-notch urban consultant and attorney. I have not met anyone in the industry with such complete knowledge of urban law, both theoretically and in its application. In addition, she has a business vision that combines very well with her legal knowledge. I think that Pabla is more than just a lawyer, she is a very complete urban adviser. Furthermore, she is very transparent in explaining the risks of decisions"

The Legal 500 - 2021

"Pabla Gaínza is an extraordinary lawyer, with a very broad knowledge of both the theory and practice of the rules that govern the real estate industry, as well as strong business vision"

The Legal 500 - 2021

"A lawyer who offers an in-depth understanding of the market and strong analytical capabilities"

Chambers Latin America - 2020

"Really knows a great deal about the real estate market, and is also knowledgeable about regulatory issues. She advises on zoning, urban planning and easements, as well as land acquisitions and contentious mandates"

Chambers Latin America

"Pabla Gainza stands out for her experience. She is good at providing strategic analyses that incorporate all the necessary variables in order to deliver concrete solutions in a limited time"

Chambers Latin America - 2023

"Pabla Gainza has extensive theoretical and practical knowledge – she is the best lawyer around for urban regulation issues, as she knows every detail of the regulations and her recommendations are applicable and accurate"

The Legal 500 - 2022

"Pabla Gainza’s greatest strength is her ability to mix legal knowledge with commercial and urban planning expertise; she also knows how the associated bureaucracy works, which allows her advice to be very complete and realistic"

The Legal 500 - 2022

"Pabla Gaínza is a top-notch urban consultant and attorney. I have not met anyone in the industry with such complete knowledge of urban law, both theoretically and in its application. In addition, she has a business vision that combines very well with her legal knowledge. I think that Pabla is more than just a lawyer, she is a very complete urban adviser. Furthermore, she is very transparent in explaining the risks of decisions"

The Legal 500 - 2021

"Pabla Gaínza is an extraordinary lawyer, with a very broad knowledge of both the theory and practice of the rules that govern the real estate industry, as well as strong business vision"

The Legal 500 - 2021

"A lawyer who offers an in-depth understanding of the market and strong analytical capabilities"

Chambers Latin America - 2020

"Really knows a great deal about the real estate market, and is also knowledgeable about regulatory issues. She advises on zoning, urban planning and easements, as well as land acquisitions and contentious mandates"

Chambers Latin America

Relevant experience

  • Ferrocarril Antofagasta Bolivia, a subsidiary of Antofagasta Minerals, on the regularisation and updating of its title deeds and railway concessions, as well as on the reengineering of the use of railway lands. We also advised on the development of a 48-hectare project in Antofagasta, northern Chile, on the release and clearing of encumbrances, land use change and development of a master plan for said property.
  • Banco Santander on the development of the Work café project throughout Chile, including property title investigations, permit applications, preliminary project and project review, in collaboration with a multidisciplinary team, architects, constructors and engineers. Also, 
    on the regularisation of existing bank buildings.  Rezepka Inmobiliaria, participating in various projects for office buildings, apartments and industrial warehouse centres.
  • AKI KB Minibodegas S.A. on the drafting of contracts for the acquisition and development of self-storage facilities, in six projects in Chile, five in Santiago and one Concepción.
  • Agrícola Vertical Ltda. on the search of land, in the title search and drafting of real estate and water rights purchase and sale agreements, for the development of Stevia crops.
  • Enex on the Environmental Impact Statement of the Urban Transportation System, and on access to public roadways and highway concessions.
  • Gas Andes and Sonacol SA. on the survey of new routes, surface property analysis, negotiation and establishment of easements for a gas and oil pipeline, respectively.
  • Global Crossing on the fibre optic network installation project in Chile.
  • Container Operators on building permit denials from public agencies for a new container terminal in the City of Santiago, due to erroneous interpretation of the urban planning policies, procuring permits for its construction.
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Awards & Rankings

Pabla is recognized as one of the best real estate lawyers in Chile by Chambers Latin America (Band 1), in the Hall of Fame by The Legal 500, Latin Lawyer 250, as Excellent by Leaders League, IFLR 1000 Best Lawyers in Real Estate Law and Administrative and Public Law. In addition, she was nominated in 2022 by Chambers Diversity & Inclusion as Outstanding Contribution and in 2018 as Chile Lawyer of the Year at Chambers Women in Law Awards: Latin America.

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Education

  • 2005 – Certification in Financial Administrative Law, specializing in “Public Assets, Urban Development, and Territory”, Pontificia Universidad Católica de Chile School of Law
  • 1997 – Certification in Tax Law for Today’s Company and its Business, Universidad Adolfo Ibáñez
  • 1995 – Law Degree, Pontificia Universidad Católica de Valparaíso 
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Expertise

Feed

30/04/2021
Chile
Recent work highlights Advised Rezepka Inmobiliaria on the development of real estate projects, property acquisitions, property title investigations, procurement of building permits, drafting of the co-ownership regulation, drafting of the model Promise to Purchase agreements, and the subsequent sale of various kinds of real estate, such as warehouse facilities, apartment buildings, and office space. Advised Aki KB Minibogedas SpA on various self-storage center projects, participating in the complete execution of each. Also advises on all matters regarding local permits for project construction. Advised Sura Asset Management, a company specialized in savings and investment, with presence in Chile, Colombia, El Salvador, Peru, Mexico and Uruguay; on a due diligence for office lease agreements, building permits, building contracts, property co-ownership law, among others, to purchase three buildings in La Condes, Santiago. Advised the Chilean subsidiary of Banco Santander, the largest financial group in Spain on the development of the Work café project throughout the country, including property title investigations, permit application, draft and project review, working together with mul­tidiscip­lin­ary team, architects, constructors and engineers. Advised Ferrocarril Antofagasta Bolivia, subsidiary of Antofagasta Minerals on the regularisation and updating of its title deeds and railway concessions, as well as on the reengineering of the use of railway lands. We also advised on the development of a 48-hectare project in Antofagasta, northern Chile, on the release and clearing of encumbrances, land use change of development of a master plan for said real estate. Advised Instituto Hebreo on land acquisition for the construction of the new Israelite school and stadium, providing general advice to the Israelite community in Santiago, regarding real estate projects, temples, community centres and nursing homes. Also advised on the Impact Assessment of the Urban Transportation System (EISTU) in relation to the real estate occupancy rate/percentage of real estate occupancy. Advised Nevasa, one of the top five non-banking financial products and services group in Chile on due diligence and contracts required for financing authorisation for developing projects. Advised Unilever Chile on the regularisation of all its industrial plants, both for its buildings and for water rights. We also aided our client in reducing the consumption of potable water in production processes for its industrial plant, as a part of its sustainability initiatives 
Publication
21/07/2020
Building law and regulation in Chile during Covid-19
1. Is there con­struc­tion-rel­ev­ant COVID-19 regulation? Chilean legislation does not regulate or systematize construction contracts. Therefore, there is no new regulation in this regard. 2. Subsidies...
Expert Guide Real Estate
18/11/2019
E-public procurement
On 18 October 2018 obligatory e-procurement rules entered into force in many EU member states. The CMS Public Procurement Group has the pleasure of sharing key information regarding multiple jur­is­dic­tions.   Pub­lic...
Guide
20/03/2019
Global Planning/ Zoning/ Consenting Group
Planning shapes every aspect of our lives. The buildings and environments in which we live, work, shop, play and educate the next generation are all shaped by the planning system. The construction and...
Brochures
30/06/2017
BIM law and regulation in Chile
1. Is BIM Relevant to me? To date, the private sector has been leading the adoption of BIM in Chile. The National BIM Survey (2016), conducted by the University of Chile with the collaboration of all...
Expert Guide TMC - Technology, Media & Communications