Susana Lastarria-Cornhiel, Grenville Barnes (1995):
Assessment of the Praedial Property Registration System in Peru

C. Praedial Registry (Registro Predial)

The specific strategy for reforming land registration institutions in Peru was to create a new institution (Registro Predial) which would work in parallel with the existing property registration institutions (Registros de Propiedad Inmueble). In a sense, the Registro Predial has been set up as a pilot institution which would in time replace, or at least modify, the existing registries.

The Registro Predial is designed to be an independent, decentralized office which operates under the charge of the Directorate (Directorio). The organizational structure of the Registro Predial is illustrated in Figure 2. The highest authority in the Registro Predial structure is the president of the Directorate. The Directorate is made up of representatives from the Urban Housing Settlements (Pueblos Jóvenes y Urbanizaciones Populares), the Assembly of Mayors, the Ministry of Housing and Construction, and the Ministry of Justice (Art. 8, Decreto Legislativo 496). The day-to-day affairs of the office are managed by the Executive Director.

The institutional structure of the Registro Predial is defined in Law 496 (Decreto Legislativo 496). The functions of the Registro Predial are listed in this law and repeated below in order to appreciate the scope of the activities in this registry. They are as follows (Art. 6):

a) plan, organize, direct, regulate and rationalize the registration of immovable goods;

b) control the functioning of the various zonal registries in the region;

c) register rights, acts, contracts, judicial and administrative resolutions;

d) protect the rights of registrants against the state and third parties;

e) promote the training of qualified personnel required by the Registro Predial;

f) elaborate and maintain up-to-date registration statistics on informal and formal urban settlements;

g) collaborate with municipalities and other relevant institutions on the regularization (saneamiento físico legal) of informal urban settlements (pueblos jóvenes);

h) regulate, orient, and publish registration details about informal and formal urban settlements; and

i) carry out other functions that are commissioned.

 

The drawing up, approval, and control of the Registro Predial budget are regulated by the General Budget Law of the Region (Ley General del Presupuesto de la Región) (Art. 9). The resources of the Registro Predial emanate from three sources, namely: user fees paid directly to the Registro Predial, allowances (asignaciones) from the regional government budget, and donations and contributions from other sources (e.g., technical cooperation with international organizations) (Art. 10). While the ILD has obtained financing in the past for Registro Predial activities, at present the budget is completely financed from the transaction fees it charges and from the Public Treasury.

According to legislation setting up the new registry system (see Section V, A & B), an autonomous Registro Predial is to be established in each of the 13 regions of the country. These regional offices will in turn create zonal or district offices as required. To date, one fully operational office has been established in the City of Lima with jurisdiction over the Region of Lima. In practice, this office handles a large number of urban settlements around the City of Lima and many rural (mainly ex-cooperative) properties within the Lima region. A smaller branch office in Cañete, a town approximately 140 kilometers south of Lima, offers some registry services and transfers other transactions to the Lima office. This branch office is not fully operational, but it does provide certain direct services and also acts as a collection point for transactions that are processed in the Lima office. Currently, it is staffed by a single person who travels between Lima and Cañete on a daily basis.

Within the Region of Lima office, the registrars and their legal aides are divided according to three geographic zones: north, south, and east/central. Generally, the registration personnel for each zone is comprised of two registrars, two lawyers, and four paralegals (see Figure 2). The registrars are normally lawyers, not notaries.

Figure 2: The Organizational Structure of the Registro Predial

The Lima office also has an Informatics section which is responsible for administering, maintaining, and developing the computer system (hardware and software) that supports the registration process. This section consists of a systems administrator (chief) and four computer operators and programmers. Like most institutions in Latin America, the Registro Predial also contains a legal counsel section (two lawyers) and an administrative support section.

At the time of this assessment a total of 35 persons were employed in the Lima Registro Predial. Some of these personnel are employed on a contractual (1-3 months) basis by the Registro Predial. The number of personnel has varied since the inception of the Registro Predial, mainly due to shifting workloads and varying financial resources.

While the office appears to function very efficiently, several of the Registro Predial personnel did express concern that additional staff are needed, especially if registry activity increases. All of the personnel interviewed seemed motivated, competent, and interested in promoting the system. Like many registries in developing countries, however, the Registro Predial has a problem retaining trained personnel because of the low government salary levels (relative to the private sector).