Peru: Measures to facilitate the execution of the projects prioritized in the National Infrastructure Plan 2022 - 2025

30 May 2023    4 minute read

In brief

On 28 May 2023, Legislative Decree No. 1569 ("DL 1569") was published, which establishes measures to facilitate the management and unblocking (with respect to obtaining the urban habilitation license, release of land, and environmental and archaeological issues) of the prioritized projects in the National Sustainable Infrastructure Plan for Competitiveness (PNISC) 2022-2025.

Contents

In depth

The following is a summary of the most relevant measures:

1. Exemption from urban habilitation or building licenses

Urban habilitation projects and buildings that are part of PNISC projects are exempted from obtaining urban habilitation and/or building licenses.

2. Release and registration of Interferences

The public entities that own the PNISC projects are authorized to finance and directly execute the activities and interventions necessary for the release, removal or relocation of interferences. The release of interferences must be approved within a maximum period of 30 calendar days, under responsibility.

3. Expediency and predictability in archaeological intervention processes

Certificates of Absence of Archaeological Remains on Surface (CIRAS) are issued within a maximum period of 15 working days, subject to positive silence.

Archaeological Monitoring Plans (PMAR) are approved within a maximum of 10 working days when they do not include pre-existing infrastructure. When it does, it is approved within a maximum of 15 working days. Both are subject to positive silence.
Archaeological Evaluation Plans (PEA) are approved within a maximum of 20 working days, subject to positive silence.

Archaeological Rescue Projects (PRA) are authorized within 30 working days, subject to positive silence.

The public entities in charge of the PNISC projects assume all the costs generated by the procedures for the issuance of the CIRAS and for the authorization of archaeological interventions for preventive purposes (PMAR, PEA and PRA).

4. Projects complementary to the PNISC

The public entities of the national government responsible for PNISC projects are authorized to finance, contract and execute complementary projects whose implementation is indispensable for the adequate implementation of PNISC projects. To this end, they must sign agreements with the relevant national government entities, regional governments and local governments.

The list of complementary projects must be approved by the Executive no later than 27 July 2023.

5. Appraisals in Transportation sector projects

The public entities of the Transportation and Communications sector are authorized to directly fix the appraisal value of the real estate necessary for the execution of the projects under their responsibility, which includes the projects of the PNISC.

6. Monthly progress reports on the prioritized projects

The public entities in charge of PNISC projects are obliged to report monthly to the Specialized Investment Monitoring Team (EESI) of the MEF on the main aspects related to the development and implementation of PNISC projects.

These measures are also applicable to PNIC 2019 projects (with the exception of the obligation to report monthly to the EESI on the progress of their projects).

Regarding the release of interferences, these measures will also be applicable to the projects of the Transport, Communications, Sanitation, Energy and Agriculture and Irrigation sectors, developed within the framework of the National System of Multiannual Programming and Investment Management, provided that they have an approved technical file and have not started with the physical execution.

These measures are part of a set of provisions aimed at unblocking the projects and that consider from the timely availability of the land destined for them (DL 1559), to obtaining permits and licenses on building, environmental and archaeological issues, aspects that, being indispensable for their execution, are currently the biggest obstacles that affect the projects.

Undoubtedly, the issuance of these regulations is evidence of the Executive's will to promote investment and the development of the necessary projects to close the infrastructure gap, and we hope that this will be confirmed in practice.

DL 1569 will be in force until 31 December 2025.

We trust this information will be useful to you. Should you require legal advice on this issue for your company, 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
Ana Sofia Reyna
Counsel at BakerMcKenzie
Lima
Read my Bio
anasofia.reyna@bakermckenzie.com
Sherin Limas
Associate at BakerMcKenzie
Lima
sherin.limas@bakermckenzie.com

Copyright © 2025 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.