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Pabla Gainza Abogada Inmobiliaria y Construcción

Pabla Gainza

Partner

CMS Carey & Allende
Avda. Costanera Sur 2730, Piso 9
Parque Titanium, Las Condes
7550000 Santiago
Chile
Languages Spanish, English
Real Estate & Construction

Pabla leads the Real Estate & Construction practice area, 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 centers, supermarkets, shopping malls, asphalt terminals, gaming casinos, hotels, religious projects, residential areas, and educational establishments.

Pabla was a part of the team that developed a Methodology for Integrated Projects for Santiago’s Inner Circle, for the World Bank’s PNUD program. She has also provided urban legal consulting for the Metropolitan SEREMI MINVU (Regional Secretariat for Urban Development Ministry of Chile), for the modification and creation of the Santiago Metropolitan Regulation Plan, on matters related to Patrimony and Public Areas.

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

She is highly involved in the practice of contentious administrative cases, before the various State public entities, such as the Comptroller General of the Republic, SEREMI MINVU, Health Ministry Regional Secretariat’s Office, Urban Development Division, Public Works Directorate, etc.

She previously worked as a senior consultant for the Real Estate practice group for the law firm of Cariola, Diez, Perez, Cotapos (1995-2010).

Endorsed by Chambers and Partners, The Legal 500, Latin Lawyer and Best Lawyers. Nominated as Chile Lawyer of the Year in Chambers Women in Law Awards: Latin America (2018).

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

Chambers Latin America 2020

"She has demonstrated fantastic knowledge and ability"

Chambers Latin America 2019

"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 and Partners Latin America - 2018

"Leading Lawyer" in Real Estate.

The Legal 500 - 2017

"An excellent real estate lawyer with very solid knowledge of this sector"

Chambers and Partners Latin America

"An expert in urban planning and real estate law, and a proactive problem solver"

Chambers and Partners Latin America

"She is always available and adopts an optimistic approach to solving problematic situations"

Chambers and Partners Latin America

Relevant experience

  • Advised 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 of development of a master plan for said real estate.
  • Advised Banco Santander on  the development of the Work café project throughout the country, including property title investigations, permit application, pre-project and project review, in collaboration with a multidisciplinary team, architects, constructors and engineers. Also on the regularisation of existing banking buildings.  
  • Advised Rezepka Inmobiliaria, participating in various office buildings, departments and industrial warehouse center projects.
  • Advised AKI KB Minibodegas S.A. on the drafting of contracts for the acquisition and development of mini-storage centers, in five projects in Santiago and one in the city of Concepción.
  • Advised Agrícola Vertical Ltda. on the search of land, in the study of titles and the writing of contracts of sale of real estate and use-based water rights, for the development of Stevia crops.
  • Advised Enex on the Environmental Impact Statement of the Urban Transportation System (EISTU), and on access to public roadways and highway concessions.
  • Led teams in representation of Gas Andes and Sonacol SA. for the raising of new routes, surface property analysis, negotiation and establishment of easements for a pipeline and an oil pipeline, respectively.
  • Advised Global Crossing on the installation of fiber optic networks project in Chile.
  • Advised Containers on building permit denials to public agencies for a new container terminal in the City of Santiago, due to erroneous interpretation of the urban policies, obtaining permission for building it.
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Education

  • 2005 – Certified in Financial Administrative Law, with a minor in “Public Assets, Urban Development, and Territory”, Universidad Católica de Chile School of Law
  • 1997 – Certified in Tax Law for Current Businesses and Corporations, Universidad Adolfo Ibáñez
  • 1995 – Law Degree, Universidad Católica de Valparaíso School of Law
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Lectures list

  • Universidad de los Andes, Professor for the Real Estate Law Certification Program, teaching EISTU and Patrimony (2011 – to date).
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Infrastructure & Projects

Pabla is part of the Infrastructure & Projects group. She has headed work teams for local and foreign client projects such as public work concessions, the raising of new routes, surface property analysis, negotiation, establishment of easements, reversal of railways, and land use conversion. She has experience in developing strategies for the procurement of permits and regularization of sewage 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 centers, supermarkets, shopping malls, asphalt terminals, gaming casinos, hotels, religious projects, residential areas, and educational establishments.

She is highly involved in the practice of contentious administrative cases, before the various State public entities, such as the Comptroller General of the Republic, SEREMI MINVU, Health Ministry Regional Secretariat’s Office, Urban Development Division, Public Works Directorate, etc.

Endorsed by Chambers and Partners, The Legal 500, Latin Lawyer and Best Lawyers. Nominated as Chile Lawyer of the Year in Chambers Women in Law Awards: Latin America (2018).

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"Pabla Gaínza is an expert in public bids"

The Legal 500 - 2017

"Efficient, clear and very well informed"

Chambers and Partners Latin America

"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 and Partners Latin America

Relevant experience

  • Advised Rezepka Inmobiliaria, participating in various office buildings, departments and industrial warehouse center projects.
  • Advised AKI KB Minibodegas S.A on the drafting of contracts for the acquisition and development of mini-storage centers, in five projects in Santiago and one in the city of Concepción.
  • Advised Agrícola Vertical Ltda. on the search of land, in the study of titles and the writing of contracts of sale of real estate and use-based water rights, for the development of Stevia crops.
  • Advised Enex on the Environmental Impact Statement of the Urban Transportation System (EISTU), and on access to public roadways and highway concessions.
  • Led teams in representation of Gas Andes and Sonacol SA. for the raising of new routes, surface property analysis, negotiation and establishment of easements for a pipeline and an oil pipeline, respectively.
  • Advised Global Crossing on the installation of fiber optic networks project in Chile.
  • Advised Elecnor on the installation of electrical energy transmission lines.
  • Advised Containers on building permit denials to public agencies for a new container terminal in the City of Santiago, due to erroneous interpretation of the urban policies, obtaining permission for building it.
  • Led the legal and technical teams that represented American Tower, formed to search and study real estate, and for the installation of telecom infrastructure.
  • Led the study prepared for Southern Cross and Endesa Chile S.A, for the installation of coal-fired power plants.
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Education

  • 2005 – Certified in Financial Administrative Law, with a minor in “Public Assets, Urban Development, and Territory”, Universidad Católica de Chile School of Law
  • 1997 – Certified in Tax Law for Current Businesses and Corporations, Universidad Adolfo Ibáñez
  • 1995 – Law Degree, Universidad Católica de Valparaíso School of Law
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Lectures list

  • Universidad de los Andes, professor for the Real Estate Law Certification Program, teaching EISTU and Patrimony (2011 – to date).
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Consumer Products

Pabla is member of the Consumer Products sector group, overseeing all aspects of Regulatory and Public Law, being highly involved in the practice of contentious administrative cases.

Endorsed by Chambers and Partners, The Legal 500, Latin Lawyer and Best Lawyers. Nominated as Chile Lawyer of the Year in Chambers Women in Law Awards: Latin America (2018).

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Relevant experience

  • Advised Unilver Chile on its real estate project aiming to adequate its industrial facilities to the current zoning, health, and environmental regulations.
  • Advised Estée Lauder Companies, on the procurement of permits for the installation of its Distribution Center in Chile’s Metropolitan region.
  • Advised Lesaffre Chile S.A. on the process of expropriation of its real estate enacted by the Government of Chile and on the relocation of several pipelines from the Route 5.
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Education

  • 2005 – Certified in Financial Administrative Law, with a minor in “Public Assets, Urban Development, and Territory”, Universidad Católica de Chile School of Law
  • 1997 – Certified in Tax Law for Current Businesses and Corporations, Universidad Adolfo Ibáñez
  • 1995 – Law Degree, Universidad Católica de Valparaíso School of Law
more less

Lectures list

  • Universidad de los Andes, professor for the Real Estate Law Certification Program, teaching EISTU and Patrimony (2011 – to date).
more less

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