Real Estate Investment Alert – April 2025

New Regulations for Social Interest Housing are approved

On April 10, 2025, Supreme Decree No. 005-2025-VIVIENDA was published in the Official Gazette “El Peruano”, which approves the new Regulations for Social Interest Housing (“VIS”).

The regulation is issued as a result of a judgment and its respective enforcement order issued by the Constitutional Court, which established that the zoning and maximum heights allowed for VIS projects are aspects that can only be determined by the provincial municipalities and not by the Ministry of Housing, Construction and Sanitation (“MVCS”).

The new VIS Regulations address the following aspects:

• Specifies the different modalities and promotion of the VIS:
  • Acquisition of new housing.
  • Construction of housing.
  • Home improvement.
  • Rental housing.
  • Construction of housing modules in rural areas.
  • Constitution of real right of surface.
  • Others promoted by the Ministry of Housing.
• It encourages the participation of private investment in the execution of SIV projects, in order to reduce the qualitative and quantitative housing deficit.
• It establishes the types of land on which SIV projects may be developed, indicating that they must have an approved zoning, which establishes their compatibility for residential use.
• VIS projects may be executed with non-conventional construction systems (those not regulated by national standards and validated by SENCICO), as long as they are approved by the MVCS.
• The roofed area for VIS without expansion capacity is from 40.00 m² and the roofed area of the single-family dwelling in its initial form as a basic housing module with the possibility of expansion is from 35.00 m².
• The minimum area of the lots for urban habilitations for VIS is from 66.00 m², with a frontage from 5.50 ml.
• SIV projects are prohibited in protected land and in areas identified by Law No. 31313, Sustainable Urban Development Law. These include areas destined or reserved for national defense and security, areas located in zones declared as non-mitigable risk areas by the competent authority, as well as zones identified as very high risk areas.
• It specifies that the procedures initiated for the approval of preliminary projects and for the issuance of urban habilitation and building licenses, prior to the entry into force of the new VIS Regulations, will continue to be subject to the provincial municipal ordinances with which they were initiated, until the issuance of the reception of works and/or conformity of work and declaration of building.

Finally, we remind you that in the province of Lima, Ordinance No. 2361-MML is in force, and in the Constitutional Province of Callao, the recent Ordinance No. 007-2025/MPC is in force. Both regulations grant important urban planning benefits in terms of building heights and maximum densities for S.I.V. projects in their respective jurisdictions.

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