Real Estate Investment Newsletter - June 2026

Amendment to the Coactive Enforcement Procedure Law Establishes New Rules for Lifting Precautionary Measures

On June 25, 2026, Law No. 32678 was published in the Official Gazette El Peruano, amending Law No. 26979, the Coactive Enforcement Procedure Law, to incorporate new provisions governing the lifting of precautionary measures affecting bank accounts.

The law introduces Articles 33-C, 33-D, and 33-E, establishing a 24-hour deadline for lifting precautionary measures. Once the obligation has been paid or the debt installment arrangement has been approved, the coactive enforcement officer must issue the corresponding resolution and notify the relevant financial institution within twenty-four hours to ensure the prompt restoration of access to the attached funds. This requirement is also incorporated into Article 118 of the Consolidated Text of the Tax Code.

The amendment also establishes specific obligations for banks and other financial institutions, requiring them to lift the attachment on the same day they receive the official notice issued by the coactive enforcement officer. If the notice is received outside business hours, the attachment must be lifted on the following business day.

Finally, the law provides that failure to comply with these deadlines constitutes a serious administrative offense, giving rise to administrative liability.

Binding Precedent Establishes the Registration of the Right of Gratuitous Mining Use as an Encumbrance in the Property Registry

On June 6, 2026, Resolution No. 0120-2026-SUNARP/PT of the President of the Registry Tribunal was published in the Official Gazette El Peruano, approving a binding precedent concerning the registration of mining use rights. The precedent was adopted during the 319th Plenary Session of the Registry Tribunal, held on May 22, 2026.

The resolution establishes as a binding criterion that the right of gratuitous mining use over state-owned uncultivated land constitutes a legal encumbrance that may be registered in the corresponding Property Registry records. It further clarifies that, despite its gratuitous nature and legal origin, the mining use right has sufficient registrable significance to warrant its registration in the Property Registry.

THE OWNERSHIP OF PUBLIC ROADS

In this section, we examine the legal nature of public roads and, in particular, the requirements for a property to acquire such status. This issue is especially relevant in real estate practice, as it is often mistakenly assumed that the mere identification of a road in administrative or technical instruments is sufficient to confer public status upon it, with the corresponding implications for property rights.

As a starting point, Article 56 of Law No. 27972, the Organic Law of Municipalities, provides that public roads, including their subsoil and airspace, constitute assets for public ownership and public use. Similarly, Article 35 of the National Regulation on Road Infrastructure Management, approved by Supreme Decree No. 034-2008-MTC, establishes that the strip of land comprising the right-of-way of public roads is a public domain asset that is inalienable and not subject to acquisitive prescription, in accordance with Article 73 of the Political Constitution of Peru.

However, these provisions do not specify the requirements for a road to acquire the legal status of a public domain asset. For this purpose, reference must be made to Article 3, Section 3.3(2) of Supreme Decree No. 008-2021-VIVIENDA, which establishes that three elements must concur for an asset to qualify as property in the public domain, namely:

This definition is decisive, as it demonstrates that the public nature of a road does not depend solely on its function or designation, but rather on the concurrent fulfillment of these requirements.

In this regard, state ownership is the essential prerequisite. Public domain assets cannot exist over privately owned property or property registered in the name of private individuals. The existence of a road or its administrative classification and/or designation does not, by itself, alter the ownership status of the underlying land. To conclude otherwise would undermine the principles of legality and limited administrative authority, as well as the constitutional guarantees protecting the inviolability of private property and the prohibition of confiscation. These principles and guarantees preclude the recognition of roads located on privately owned land as public roads unless such land has first been incorporated into the State's patrimony through the legally established mechanisms.

Indeed, the State may acquire privately owned property only through the procedures established by law, such as the transfer of land through urban development contributions, contractual acquisition (including direct negotiations), or expropriation in accordance with the constitutional framework. This issue is particularly relevant in the context of road infrastructure, where the execution of public works requires the prior legal and physical regularization of the affected properties.

From this perspective, it is clear that the mere inclusion of a road in administrative records—such as the National Highway System Route Classifier (SINAC)—or its identification in planning instruments does not alter the ownership regime or automatically convert privately owned land into public domain property. These instruments serve planning and administrative purposes, but they do not, in themselves, transfer ownership to the State or grant it any real property rights.

In practice, this distinction is fundamental for risk management in real estate transactions and infrastructure projects. The mistaken assumption that a property is subject to a public road may give rise to significant contingencies, both in terms of defining property rights and assessing project feasibility. Likewise, carrying out public works without first completing the required legal and physical regularization process may result in legal disputes, project delays, and potential liability for the State.