Legislative Decree No. 1538, published on 26 March in the official newspaper El Peruano, contains two important provisions to speed up the execution of investment projects.
The first is in relation to public investment, public-private partnership or private concession projects that are carried out for the provision of essential public services or for the execution of public infrastructure. As is known, Law No. 29090 on the regulation of urban allotments and buildings provides that obtaining these licenses for this type of projects is subject to automatic approval ("Modality A"). This means that the entry fee (of the application Form for the respective license with the corresponding requirements and fees) constitutes the license, which is the legal title that enables the execution of the respective works. However, the regulations also provide that in order to start, the respective schedule must be communicated to the corresponding municipality so that the local authority can carry out the respective administrative verification, with which the physical execution of the works was often subject to the verification of the municipality. Legislative Decree No. 1538 establishes that entities (including concessionaires) that carry out this type of projects can start the execution of their works with the record of receipt of the license file. In this sense, the obligation to request these licenses is maintained (and formally it continues to be given automatically), and what is made more flexible is when the physical execution of the projects may begin.
Secondly, Legislative Decree No. 1538 establishes that public investment projects of the national government that have a feasibility statement and require Environmental Certification may obtain such certification with the partial approval of the Technical File (ET) or with the engineering studies approved by sections, stages, components or sectors of work, without having to wait for the final approval of these documents. This provision is very relevant because as a rule, environmental management instruments evaluate the environmental viability of investment projects, in their entirety and not partially or fractionally, so the possibility provided for in this legal provision will allow these instruments to be managed more expeditiously, without losing their rigor.
We trust that this information will be useful to you and your company. If you require legal advice on this issue, do not hesitate to contact us.