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The draft bill was published through Ministerial Resolution 242-2024 – Housing,posted on Official GazetteEl PeruanoThe Standard provides for a ten-working-day period to receive comments, contributions and suggestions from stakeholders. Through this measure, MVCS hopes to engage the community in the development of regulations that are conducive to the coexistence and management of real estate.
One of the relevant points of the new regulations is that dedicated real estate units such as apartments and offices must be used for permitted purposes and comply with urban planning regulations.
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Anyone interested in commenting can do so via the link “Draft Supreme Decree approving the Regulation on the Horizontal Property Regime“At the Ministry of Housing and Urban-Rural Development’s Digital Headquarters (www.gob.pe/vivienda). this Autonomous Region Housing and Urban-Rural Planning Policy and Regulations Bureau Will be responsible for integrating, evaluating and incorporating, as appropriate, the suggestions received.
What changes are provided for in the draft regulations?
1. Proper use of real estate units
in a Interview with El Comercio and Dulmer Malca, Real Estate Directors of Valderrama AbogadosHe said that one of the relevant points of the new regulations is Special purpose real estate units such as apartments, offices, etc. must be used for permitted uses in accordance with town planning regulations.“This point is intended to clarify and address the problem of some owners using apartments or other real estate units for activities that are not contemplated by the internal regulations or for which the building is not designed.“, explain.
2. Simplification of registration standardization
He added that the rule establishes a procedure to regulate horizontal properties in buildings that already have buyers of real estate units but are not yet separate in the registry.”this means Those who have already purchased a property but have not yet registered as independent, as these procedures are usually cumbersome, can do it themselves without having to wait for the lengthy registration process to be completed.”, he commented.
Restrictions and limitations on the right to own a real estate unit can be registered in the Property Registry.
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3. New rules for project implementation
Durmer also said that the unanimous consent of all owners is now required to dispose of common property that is listed as unusable in the internal regulations. If you want to sell a portion of public land that has been declared unusable, you need the unanimous consent of all owners.“On the other hand, the law gives the owners’ meeting Power to interpret and clarify conflicting or unclear rules in internal rules or coexistence rules”, he mentioned.
“The regulations set out the procedure for granting approval for the carrying out of works or building works, such as extensions or alterations. The owner can request the owners’ meeting to hold an extraordinary meeting to authorize the work to be carried out. If the board does not respond, it is deemed to have approved it. Property owners can apply for a building permit from the municipality“He added.
4. Reporting to the Risk Center, Other Restrictions and Obligations of the Owner
Experts believe that restrictions and limitations on the right to own real estate units can be found in Property Registrationproviding more information, transparency and legal certainty. This allows Anyone interested in purchasing a property can check the existing restrictions“In addition, the owners are liable for any losses caused prior to the owners’ meeting.”, he said.
The regulations establish a system of sanctions applicable to property owners.
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Durmer mentioned Owners corporations must provide information to anyone interested in acquiring a property unit about the rules of coexistence, the actual status of the common property and the financial situation of the board of directors.Owners are required to notify the owners’ committee and administration of the sale of their real estate units. If they don’t tell, the owners corporation can continue to charge the previous ownerOn the other hand, to discourage late payments, if the owner is three installment late, the debt can be put on the public record.“, explain.
In this regard, Hernán Navarro, deputy secretary of the Ministry of Housing and Urban Planning, told Gestión: “For example, if (neighbors) don’t pay (maintenance) fees, nothing happens. This way, the (owners’ association) will be able to set sanctions or fines, define violations, and if owners don’t comply, for example on maintenance issues, they could be sent to a risk center.
The registry will allow homeowners associations to register owners who owe three or more months of monthly maintenance fees. The data will be reported to the Superintendent of Banking, Insurance and AFP (SBS).
5. New shipowner sanctions regime
He stressed that the regulation establishes a system of sanctions applicable to property owners. Sanctions can be monetary or non-monetary, but cannot deprive or deprive a neighbor of their property.“The building management department is responsible for investigating and certifying violations, while the owners’ committee chairperson decides on sanctions.“Durmer said.
When will these actions take place?
Furthermore, Navarro added, what we seek is to simplify the process of creating and registering homeowners’ associations. Currently, this process is expensive and cumbersome, can cost S/2,000 to S/2,500, and can take days or weeks to complete. The new draft regulation proposes that registration will no longer require a public deed, only a notary’s signature. This change is expected to reduce the costs and time involved, allowing the process to be completed on the same day of application.
Durmo Malka He noted that this is still a project and may be modified based on suggestions or input from the community.Among the points we discussed, some actions require the production of documents and registration in a public registry, while others do not. For example, internal regulatory documents must be registered so that all owners can execute them. In addition, each committee must determine whether these standards are effective from the date of approval or registration.“He added.
If the chairman of a neighborhood committee resigns, he will be forced to take responsibility under the new rules until a new neighborhood committee is convened.
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Neighborhood Statement
he Eduardo Salmón, political scientist and chairman of the owners’ committee of the Champagne House in Surcotold the newspaper that the news marks a huge step forward because among the changes, Formalization of virtual meetings, which have been considered necessary since the beginning of the pandemic“In Peru, we tend to be very backward in legislative matters. Now we are making progress, not only improving coexistence between owners, but also creating obligations that did not exist before.”, he commented.
Salmón points out that now, for example, If the chairman of a neighborhood committee resigns, he will be forced to take responsibility under the new rules until a new neighborhood committee is convened.“What is not legislated yet and should be done in the future is the control and supervision of property management companies. In practice, many citizens outsource their citizen responsibilities when buying real estate and hire management services, but this reduces legal liability. These services must be regulated. Many administrators have ghost employees, so these practices are often improper.“, he warned.
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