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Real Estate Investment Alert - September 2025
NEW BINDING PRECEDENTS FROM PUBLIC REGISTRIES PUBLISHED
On September 12, 2025, various binding precedents relating to Public Registries were published in the Official Gazette El Peruano. These precedents specify the requirements for registering the subdivision of urban properties. They also address issues related to the transfer of ownership by intestate succession, the rectification of entries, and the submission of documents through the intermediation system.
In order to register the subdivision of urban properties, prior registration of urban development has been established as a requirement, even if the change of use from rural to urban has already been registered. The precedent specifies that this requirement will not apply if the separation is carried out within the framework of the legal physical reorganization of informal urban property.
On the other hand, it is established that the transfer of ownership by intestate succession constitutes a single and unvalued act, and therefore does not generate additional registration fees for each heir. The same rule applies in the case of corrections to entries.
Similarly, it is established that the registration of a correction of entries will be prevented if it harms a third party, regardless of whether their right is gratuitous or onerous, excluding rights acquired by succession. For this purpose, it is specified that the concept of third party registration in Article 2014 of the Civil Code does not apply.
Finally, it is specified that when two or more transfers of public deeds are attached to a title, one of which must be submitted through SID-SUNARP and the other on paper, the submission of both on paper is admissible if they are inseparable acts. This establishes an exception to the mandatory submission through SID-SUNARP.