Real Estate Investment Newsletter - December 2025

Report No. 098-2025-DGPRCS-DC-ITSE dated December 3, 2025

On December 3, 2025, the General Directorate of Construction and Sanitation Policy and Regulation of the Ministry of Housing, Construction, and Sanitation issued Report No. 098-2025-DGPRCS-DC-ITSE on the transfer of the Technical Building Safety Inspection Certificate (ITSE Certificate), within the framework of the transfer of ongoing businesses regulated in Article 13 of the TUO of the Framework Law on Operating Licenses.

The ITSE Certificate is the administrative act that certifies compliance with the safety conditions of a commercial establishment and, therefore, its suitability to operate, whether open to the public or not. The ITSE Certificate is a requirement for the subsequent issuance of the operating license and its periodic renewal, in order to avoid any closure of the establishment.

The report states that the ITSE Certificate can be transferred, provided that the transaction also includes the establishment's operating license, in accordance with the aforementioned Article 13 and the procedure set forth in Article 11-A of the TUO of the Framework Law on Operating Licenses. Thus, it is specified that it is not possible to transfer the ITSE Certificate on its own. The ongoing business, the operating license, and the ITSE Certificate of the commercial establishment must be transferred together.

The report concludes that, although the Framework Law on Operating Licenses only deals with the transfer of the operating license, it is also possible to argue that the ITSE Certificate is included, as this latter administrative act is part of the administrative procedure for obtaining the aforementioned license. The ITSE Certificate is dependent on the operating license. Based on the principle that the accessory follows the fate of the principal, the ITSE Certificate must be transferred together with the license. This interpretation is also supported by the principles of legality and impartiality of the TUO of Law No. 27444, ensuring equal treatment and resolution in accordance with the general interest.

The transfer process for the aforementioned administrative acts (operating license and ITSE certificate) is automatic and only requires the transfer contract to be submitted to the municipality, without prejudice to subsequent inspection.

Although this is a non-binding opinion, it is a relevant criterion to take into consideration.

New technologies in registry classification

Information and communication technologies have revolutionized the way people access goods and services, enabling faster and more economical interactions. This advance has improved quality of life and generated new forms of social interaction, although challenges remain, such as unequal access and risks to user privacy and security. Despite these challenges, there is consensus that their impact is positive and that everyone has the right to benefit from these tools.

In the field of public administration, the use of digital technologies represents an opportunity to optimize the provision of services to citizens. However, their implementation must be accompanied by adequate regulation that allows for the weighing of benefits and risks, especially to protect fundamental rights such as due process, the presumption of legality, the right to defense, and legal certainty. Regulation not only responds to the principle of legality, but also prevents possible infringements on constitutional values.

In the context of registration, it is common for officials to use Geographic Information Systems, such as Google Earth, to supplement the verification of properties in proceedings before the Public Registries. These tools make it possible to identify physical characteristics of the land, such as avenues, rivers, or archaeological remains, facilitating the preparation of technical reports. However, their scope must be limited, as registry information is based on legal titles formally certified by the competent authority.

Registry advertising is highly formal and based on documents that have undergone a prior regulated qualification process. Therefore, information obtained from applications such as Google Earth cannot take precedence over that contained in registry files. To argue otherwise would imply granting a digital tool the presumption of absolute validity and enforceability, attributes reserved for officially registered information. SUNARP memoranda has been clear in stating that Google Earth is only a reference graphic tool and is not binding.

According to Law No. 28294, only instruments issued by cadastral entities, such as regional and local governments, have legal value in determining the graphic status of properties. In the absence of such information, what is registered in the Public Registries prevails. Thus, it is not possible to base the existence of public domain property solely on data from digital applications; a formally qualified legal act is required.

Finally, when the graphic information of a property contradicts what is recorded in the Public Registry, the principle of registration legitimacy, regulated in Article 2013 of the Civil Code, must be applied. This principle establishes that registrations are presumed valid and produce all their effects until they are rectified or their invalidity is judicially declared. Only if the cadastral generating entities issue the corresponding administrative acts and these are registered can the new information be considered official.