Law No. 28976, the Framework Law on Operating Licenses, sets the maximum requirements a municipality can request to grant a license. It simplifies the process by allowing, for example, applicants to submit an affidavit confirming they meet the required number of parking spaces. Additionally, the Presidency of the Council of Ministers approved supreme decrees listing the only sectorial authorizations from executive branch entities that may be required as prerequisites for the operating license.
If the establishment is located on a property classified as national cultural heritage, Law No. 28296, General Law of the National Cultural Heritage, requires authorization issued by the Ministry of Culture. In 2014, the amendment to the Framework Law on Operating License specified that this authorization would not be required in cases where the Ministry of Culture had participated in remodeling and monitoring the execution of works prior to the application for the license of the premises for which the license is requested (as we understand, being part of the Technical Commission for the Evaluation of Projects). In 2020, the amendment to the Framework Law specified that this authorization of the Ministry of Culture applies only to buildings declared monuments that are part of the cultural heritage of the nation.
The recent amendment to the Framework Law, through Legislative Decree No. 1657 and published in the official gazette El Peruano on 20 September 2024, has further simplified this requirement. Going forward, the person in charge is only required to submit an affidavit of conservation of the physical structure of the cultural property in the development of the activities that are the object of the operating license. As stated in the Statement of Reasons: "[A]t present, the requirement to submit a simple copy of the authorization issued by the Ministry of Culture to obtain the operating license in the properties declared Monuments that are part of the Cultural Heritage of the Nation, implies an evaluation and pronouncement of the sector that was previously made by the referred Ministry at the time of issuing an opinion regarding the zoning, development plans, land use and others, requested by the corresponding municipality."
On the other hand, on 24 September 2024, Legislative Decree No. 1661 was published, regulating the automatic legal physical clearance of archaeological zones declared cultural heritage of the nation in order to facilitate public or private investment. This automatic legal physical sanitation will be developed in the following stages:
- Physical-legal diagnosis of the real estate subject to physical-legal reorganization and of the properties on which it is located.
- The Ministry of Culture publishes the results of the physical-legal diagnosis of real estate subject to physical-legal reorganization in the official newspaper El Peruano or in a newspaper of major circulation and on its website.
- The third parties who feel affected in any right may oppose judicially or extrajudicially within 30 calendar days of the publication. The exercise of this right of opposition suspends the registration process until the judicial or extrajudicial opposition is resolved.
- Registration
It should be noted that when the pre-Hispanic real estate property is located on a registered state or communal property, the registration is made in favor of the state, represented by the Ministry of Culture. When it is located on a registered private property, the registration is made as a charge.
This Legislative Decree will enter into effect with the publication of its regulations, which should take place within the following 60 calendar days.
We hope this information is relevant to you and your company. Please do not hesitate to contact us if you require any advice in this regard.
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