Peru: Law on Buildings and Urban Habilitations has been amended

09 Oct 2024    2 minute read

In brief

On 28 September, Legislative Decree No. 1675 amended Law No. 29090. It clarified that urban habilitation and building licenses can be transferred by their holders to other individuals or legal entities, public or private, even while the works are in progress. This transfer does not require a new recognition procedure, so the corresponding municipality will automatically update the ownership of the licenses. This change will expedite project execution because, although Legislative Decree No. 1310 included a similar provision, it was limited to mergers, acquisitions and/or corporate reorganizations, and municipalities did not always apply it to these licenses.

Contents

The amendment also specified that the favorable technical report from Urban Reviewers and the opinions of the Technical Commissions are valid for 36 months and extendable. For integral urban habilitation or building projects developed in stages, these reports and opinions are valid for 10 years.

Urban habilitation licenses for simultaneous and/or progressive construction of low-income housing, as well as building licenses for low-income housing, are valid for 60 months from the date of issuance. These licenses can be extended or revalidated once, for 12 months or 36 months, respectively. They can also be waived or transferred.

Additionally, the amendment has established the use of a physical or digital work notebook during the execution of urban habilitation and/or building work. This notebook records the traceability and relevant facts of the work, as well as the technical verification and modifications according to urban and building parameters, national urban and building standards, and, if applicable, sectoral and/or complementary municipal standards that regulate the property.

This last amendment will reduce or stop work stoppages. The Statement of Reasons for this law rightly states that many construction stoppages occur due to variations, adaptations and/or modifications that should not be disputed if they comply with current technical, urban planning and building regulations: "(...) without technical support, municipalities halt works for alleged irregularities; therefore, it is important to establish a tool in the Legislative Decree to substantiate and record key milestones during the execution of works. Additionally, it is also important to establish mechanisms to assist municipal inspectors during the technical verification of the execution of works, to ensure that, upon project completion, the reception of works, conformity of works and declaration of construction can be issued with greater technical assurance and speed (...)".

Spanish version

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Contact Information
Jorge Danos
Partner at BakerMcKenzie
Lima
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jorge.danos@bakermckenzie.com
Laura Francia
Associate
Lima
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laura.francia@bakermckenzie.com

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