Peru’s National Superintendency of Public Records (Sunarp) has changed the requirements for modifying internal building regulations, allowing apartment and condominium owners to skip the public deed requirement in certain cases and use a less expensive alternative instead.
The agency amended Article 89 of the Registration Rules for the Property Registry, permitting owners to submit a private document with a notarially certified signature when making unilateral changes to an internal regulation, provided those changes do not affect the rights of owners in other units. A public deed remains an option but is no longer the only accepted mechanism.
Sunarp said the update was aimed at unifying registry criteria by aligning interpretation with Article 86 of the same regulation, which governs the initial registration of internal building rules. The agency said the goal was to provide greater legal certainty and predictability over the requirements for these procedures.
Inconsistent enforcement drove the change
Before the amendment, the rules were not applied uniformly. Some registrars accepted private documents with certified signatures while others insisted on a public deed, creating differences in how filings were handled and forcing property owners to bear higher costs or submit corrections to complete their applications.
Lower costs and faster processing
One of the main effects of the measure will be a reduction in notarial expenses. Sunarp noted that drawing up a public deed costs more than preparing a privately certified document and also involves a lengthier process. The agency also said the change should cut the time needed to complete a registration, since private documents with certified signatures generally take fewer days to prepare than a public deed.
Impact on real estate projects and succession
The amendment is also expected to affect the real estate market, particularly projects that require adjustments to their internal regulations during construction or sales, including phased developments, condominiums and residential complexes where common-area distributions or participation quotas need updating.
Sunarp said faster registration times could ease the transfer of individual units and the closing of sales transactions. The agency added that simplifying the procedure could also accelerate processes related to inheritances, sales and property transfers, where regularising the independent registration of a unit is a necessary step.
