Real Estate Investment Newsletter - September 2026

On September 17, 2026, several binding precedents (precedentes de observancia obligatoria) approved at the CCCXXIV (324th) Plenary Session of the Registry Tribunal were published in the Official Gazette El Peruano. The precedents address the electronic filing of titles, subdivision on the basis of a previously recorded title, failure to comply with the notice period for calling meetings, and the enforceability of the Cadastral Information Certificate.

First, the Tribunal clarified that documents filed through SID-SUNARP bear the notary's digital signature and therefore have full authenticity and integrity, and may not be regarded as simple copies or forged documents. Certified copies of minutes and signature certifications, however, must additionally comply with the formalities set forth in Legislative Decree No. 1049.

Second, the Tribunal established that subdivisions carried out by way of regularization, as provided under the Seventh Transitional Provision of the Regulations on Registrations of the Property Registry, may be requested by any interested party and not solely by the owner or co-owners, since such subdivisions are intended to reflect in the Registry a pre-existing situation rather than a new physical alteration of the property. Their admissibility is conditioned on there being no impairment of the rights of third-party registered holders.

The Tribunal further held that failure to comply with the notice periods for calling meetings set forth in bylaws or regulations constitutes, as a general rule, an unremediable defect that invalidates the meeting and warrants the substantive rejection of the title. However, where the discrepancy results solely from a clerical or transcription error that does not affect the corporate will or the members' participation rights, the defect will be remediable.

Finally, the Tribunal confirmed that the Cadastral Information Certificate is required for the first registration and physical modification of rural properties, even in non-cadastered areas, further clarifying that negative certificates for cadastered areas are no longer applicable to these proceedings. As an exception, such certificate will not be required for proceedings to regularize state-owned title carried out by the Regional Formalization Entities (Entes de Formalización Regional).

On September 23, 2026, Resolution No. 00209-2026-SUNARP/SN of SUNARP was published, ordering the publication of the draft amendment to the Consolidated Text of the General Regulations of Public Registries. The proposal seeks to advance the transition toward the "Digital Registry," incorporating interoperability with public databases, electronic annotations, and the assisted use of artificial intelligence in the registrar's review, without replacing the registrar's function or liability.

Among the proposed amendments, the following stand out:

In this section of our bulletin, we address the use of Geographic Information Systems ("GIS") in registry proceedings. These tools make it possible to visualize and analyze territory with increasingly higher levels of precision, facilitating the identification of roads, rivers, ravines, archaeological remains, and other physical features that may be relevant to land management and administrative decision-making. However, their practical usefulness should not be confused with legal effect.

Indeed, while it is common for registry offices or cadastral units to use georeferencing tools to verify the location of certain properties or to flag circumstances of interest, this does not mean that the information obtained through such platforms has the same nature or enforceability as the information contained in the Public Registries.

The reason is straightforward. Registry publicity is based on legal titles that have previously been reviewed by competent officials within duly established proceedings. Geographic Information Systems, by contrast, do not constitute legal titles, nor are they the result of an administrative review process. For that reason, the information they provide cannot, in itself, prevail over the information held in the registry files, nor can it, on its own, serve to disregard previously registered rights.

This criterion has itself been acknowledged by SUNARP. Through internal pronouncements, SUNARP has clarified that these applications constitute only a reference graphic tool for the preparation of technical reports, and are not binding in nature. This means that their use alone does not provide sufficient grounds to raise objections or to conclude that limitations exist that contradict the information currently on record in the Registry.

This position finds support in the National Integrated Cadastral System, which requires that graphic information on properties be backed by cadastral information issued by the entities responsible for generating cadastral data, primarily regional and local governments. In other words, Geographic Information Systems do not constitute official cadastral sources and, therefore, cannot replace the technical and legal instruments underlying registry information.

Naturally, this does not diminish the importance of these technological tools. Geographic Information Systems are valuable instruments for land-use planning, cadastral management, and the preliminary detection of potential contingencies. However, for the information obtained through them to produce legal effects in the registry context, it must be validated through the corresponding procedures and formally incorporated into the cadastre and, where applicable, into the Public Registries.