Peru: Measures to expedite the expropriation and release of interferences in public and public-private infrastructure projects

In brief

On 25 May 2023, Legislative Decree No. 1559 was approved, amending the following three regulations:



In depth

Objective of the amendment: to establish measures to optimize, improve and expedite the processes and terms for the acquisition and availability of land, release of interferences and imposition of easements for the development of public, private and public-private investment projects, providing greater economic incentives to obtain early possession of real estate, establishing special provisions for the contracting of services, consultancy and works.

Main novelties

  1. Amendments to DL 1192:
    1. The recognition of 30% of the commercial value of the affected property is included as an incentive to be granted to achieve an early possession of the property, including the precarious possessor.
    2. Exceptionally and in the absence of a notary public in the area of the affected property, the justices of the peace are authorized to certify the signatures in the act of transfer for the purposes of registration.
    3. The definition of occupants is included as persons who do not prove 10 years of possession of the affected property, but who are occupying it.
    4. The term is shortened from 10 to five working days for interested third parties to question the ownership and to appear before the active subject, evidencing their right of ownership and the successive tract.
    5. The obligation is included — for the owners, possessors and occupants of the affected properties — to provide facilities for the ocular inspection for the purposes of the preparation of the Technical Legal File.
    6. It is established that the lack of ocular inspection (derived from the refusal of the owners, possessors and occupants) does not nullify the Technical Legal File. Furthermore, it is established that in this scenario, the information obtained in situ, municipal and/or registry information sources or others that help to determine the commercial value of the property are considered, leaving a record through a police, notarial or judicial record of the refusal of the taxpayer.
    7. A special term of 90 days (extendable up to 120 working days) is included to vacate industrial and/or commercial premises.
    8. A case is included in which the release of interferences is authorized (without the mediation of an agreement) when the following is applicable:
      • The owner cannot be identified
      • The interference is inoperative or cancelled and the licensee does not comply with the requirements within a period of 30 calendar days
      • The licensee authorizes the entity to release the interference — the licensee authorizes the entity in charge of the release of interferences to remove them after having declared them abandoned, by means of a written communication.
      • The licensee states that they do not have the right to remove the interference — the licensee states that it does not have sufficient logistical capacity, this is without prejudice to the corresponding administrative, civil and criminal liabilities, as the case may be.
  2. Amendments to Law 3327:
    1. The following are included as exceptions from application: (i) public water assets considered strategic by the National Water Authority (ANA), except for those cases in which said entity determines that there is no affectation; and (ii) land and real estate of the Defense Sector, owned or under the administration of the armed forces or reserved for national security and defense and security, except for those cases in which said entity determines that there is no affectation.
  3. Amendments to Law 29151:
    1. It includes the assumption of title in favor of the National Superintendence of State Assets (SBN) ex officio of the state-owned properties included in projects declared of national interest, national character or national scope by sectorial resolution or by law, for the actions of legal physical reorganization, defense and recovery, as well as for the approval of the acts of acquisition, administration and disposition required for the execution of private investment projects.

This resolution issued by the SBN assuming ownership of the state-owned property cannot be appealed administratively.

However, the streamlining of the procedures for the release and acquisition of land for infrastructure projects must be accompanied by an improvement in public management (from planning to execution), requiring better collaboration between the state entities involved in the development of the projects.

We hope that this information will be of relevance to you and your company. If you require any further information, please do not hesitate to contact us.

Click here to access the Spanish version.

* * * * *

LOGO_Peru Estudio Echecopar_Lima

Estudio Echecopar is a member firm of Baker & McKenzie International, a Swiss Verein with member law firms around the world. In accordance with the common terminology used in professional service organizations, reference to a "partner" means a person who is a partner or equivalent in such a law firm. Similarly, reference to an "office", means an office of any such law firm. 

Before you send e-mail to Estudio Echecopar, please be aware that your communications with us through this message will not create a lawyer-client relationship with us. Do not send us any information that you or anyone else considers to be confidential or secret unless we have first agreed to be your lawyer in the matter. Any information you send us before we agree to be your lawyers cannot be protected from disclosure.

@2023 Estudio Echecopar
All rights reserved.

No part of this publication may be reproduced in any form or by any means without the written permission of Estudio Echecopar.

Contact Information

Copyright © 2024 Baker McKenzie. All rights reserved. Ownership: This site (Site) including all documentation and content (Content) is a Copyright © 2022 Baker & McKenzie. All rights reserved. Ownership: This documentation and content (Content) is a proprietary resource owned exclusively by Baker McKenzie (meaning Baker & McKenzie International and its member firms). The Content is protected under international copyright conventions. Use of this Content does not of itself create a contractual relationship, nor any attorney/client relationship, between Baker McKenzie and any person. Non-reliance and exclusion: All Content is for informational purposes only and may not reflect the most current legal and regulatory developments. All summaries of the laws, regulations and practice are subject to change. The Content is not offered as legal or professional advice for any specific matter. It is not intended to be a substitute for reference to (and compliance with) the detailed provisions of applicable laws, rules, regulations or forms. Legal advice should always be sought before taking any action or refraining from taking any action based on any Content. Baker McKenzie and the editors and the contributing authors do not guarantee the accuracy of the Content and expressly disclaim any and all liability to any person in respect of the consequences of anything done or permitted to be done or omitted to be done wholly or partly in reliance upon the whole or any part of the Content. The Content may contain links to external websites and external websites may link to the Content. Baker McKenzie is not responsible for the content or operation of any such external sites and disclaims all liability, howsoever occurring, in respect of the content or operation of any such external websites. Attorney Advertising: This Content may qualify as “Attorney Advertising” requiring notice in some jurisdictions. To the extent that this Content may qualify as Attorney Advertising, PRIOR RESULTS DO NOT GUARANTEE A SIMILAR OUTCOME. Reproduction: Reproduction of reasonable portions of the Content is permitted provided that (i) such reproductions are made available free of charge and for non-commercial purposes, (ii) such reproductions are properly attributed to Baker McKenzie, (iii) the portion of the Content being reproduced is not altered or made available in a manner that modifies the Content or presents the Content being reproduced in a false light and (iv) notice is made to the disclaimers included on the Content. The permission to re-copy does not allow for incorporation of any substantial portion of the Content in any work or publication, whether in hard copy, electronic or any other form or for commercial purposes.