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

E. National Superintendency of Registries Laws (No. 26366, No. 26434, and Decreto Supremo 04-95-JUS)

Law 26366 (1994) set up a national system for coordinating the registry offices throughout the country. This includes the Registers of Persons (Personas Naturales), Juridical Persons, Immovable Property (Registro de Propiedad Inmueble), Movable Goods (Art. 1), and various other registers. The Registro Predial is to be incorporated into the Registro de Propiedad Inmueble within a period of 5 years from the passing of the Law, i.e., by October 1999. The institutional structure of the Superintendency is laid out in the laws and described above in the section on Institutional Framework (IV, B).

In its Complementary Arrangements section, the law sets out the relationship between the Registro Predial and the Superintendency. The Registro Predial budget must be approved by the Superintendency and its authorization obtained to initiate activities in other regions. This section of the Law also provides for an indemnity fund to cover damages resulting from errors perpetrated by the verifiers involved in the registration process in the Registro Predial.

If the information (e.g., area, perimeter, boundaries) transmitted from the Registro de Propiedad Inmueble is not in accordance with the verified information received directly by the Registro Predial, it may be corrected through a signed Conformity Agreement (Acta de Conformidad). This must be signed by the property owner, the neighbors, and the verifier.

In December 1994, Law No. 26434 was passed which modified the eighth paragraph of the Complementary Arrangements section of Law 26366. This law requires that the Registro de Propiedad Inmueble transmit background information requested by the Registro Predial within a period of 5 days. It also deleted the requirement in the same paragraph that the written consent of property owners (titulares de los predios) be obtained before such information could be transmitted for rural parcels or land in informal settlements.

The statute (DS 04-95-JUS) that followed this Law in February 1995 serves to regulate the nature, general function, economic and personnel structure of the Superintendency (SUNARP). There appears to be an indirect recognition in both laws that part of their funding or technical assistance will come from the international community.