Real Estate Investment Alert – April 2025

Law No. 32293 is approved, which promotes the formalization of population centers and human settlements located on “communal property”

On April 8, 2025, Law No. 32293 was published in the Official Gazette “El Peruano”, which amends Law No. 24657 and includes population centers and human settlements for housing purposes in the process of formalization of communal land.

1. The Law seeks to exclude from the regularization of communal property those lands that are occupied by population centers or human settlements for housing purposes as of December 31, 2015, unless the community has initiated a claim process prior to such date.
2. It is expected that the authorities will proceed to formalize the lands occupied by such settlements and populated centers, in order to award and register the individual ownership of the lots to their respective occupants.
3. The formalization of settlements and population centers will not apply to the lands of indigenous or native peoples. Although the regulation does not expressly state it, it will not apply if the land has been cleared and registered in favor of the peasant community. Communal property is imprescriptible. This aspect should be regulated to avoid legal conflicts or normative vacuums.

For further information, please contact Hugo Silva (hsilva@estudiorodrigo.com), Rómulo Muñoz (Rmunoz@estudiorodrigo.com), Úrsula Luna (Uluna@estudiorodrigo.com), Isabel Carrascal (icarrascal@estudiorodrigo.com) and/or Soleil Castro (scastro@estudiorodrigo.com).