On October 29, 2024, Supreme Decree No. 008-2024-VIVIENDA was published in the Official Gazette “El Peruano”, which amends the Environmental Protection Regulation for drafts related to Housing, Urbanism, Construction and Health activities, approved by Supreme Decree No. 015-2012-VIVIENDA (the “Regulation”).
The most relevant aspects of the regulation are the following:
1. Prior communication: Actions that do not require the modification of the environmental management instrument (“IGA”) or the conformity of a supporting technical report (for example, the modification of drinking water networks that do not affect the operational capacity of the existing treatment plant), which must be communicated to the competent authority and the Environmental Control Entity (“EFA”) prior to their implementation.
2. Regularization through the Detailed Environmental Plan (“PAD”): Holders of activities that do not have an approved IGA or that have implemented modifications to a project with an IGA without having previously modified it, may submit the PAD within four years from the effective date of the Regulation.
The implementation period of the PAD may not exceed five years from its approval. This term may be extended for up to two years, provided that the approved measures are maintained and the extension refers to the change of schedule.
3. Integration of enabling titles: The holder may request the integration of enabling titles in the evaluation procedure of the Semi-Detailed Environmental Impact Study (“EIA-sd”). As long as guidelines for its regulation are not established, the Regulation of Title II of Law No. 30327, approved by Supreme Decree No. 0005-2016-MINAM, will be applied supplementarily.
4. Security, cleaning and publicity activities prior to project implementation: These are not considered as part of the investment project and can be implemented without being incorporated into the IGA (e.g., implementation of security or sales booths, delimitation of the property through perimeter fencing, etc).
5. Procedures in process: Administrative procedures pending at the date of entry into force of the Regulation will be resolved in accordance with the rules in force at the beginning of the procedure.
The Regulation came into force the day after its publication.
For further information, please contact Francisco Tong (ftong@estudiorodrigo.com), Francisco Barrios (fbarrios@estudiorodrigo.com, Jenny Caldas (jcaldas@estudiorodrigo.com) and/or Úrsula Zavala (uzavala@estudiorodrigo.com).
