Municipalities to Define Urban Parameters for Housing Projects in Peru

In a meaningful shift for real estate advancement, particularly concerning social housing (VIS) projects, municipalities, not the Ministry of Construction and Sanitation Housing (MVCS), now hold the authority to define urban parameters, according to a 2024 ruling. This change impacts ongoing and future projects, especially in districts like San Isidro and Miraflores.

TC Ruling Shifts Authority

The Constitutional Tribunal (TC) has definitively clarified the roles regarding urban parameter definitions.”The TC says that [establecer] urban parameters [de los proyectos] It is a municipal task,” stated Deputy Minister of Housing and Urbanism, David Ramos, during a congressional commission. He added, “Recently, it was ratified that these parameters are municipal competition. From housing we follow the decision and repealed [el anterior reglamento de las VIS con artículos al respecto].” This statement underscores the MVCS’s compliance wiht the TC’s decision, leading to the repeal of previous regulations that conflicted with municipal autonomy.

Impact on Existing Projects

The MCVS has had to address various consultations from municipalities concerning the repealed regulations and the implications for ongoing projects in districts like San Isidro and Miraflores.

• San Isidro: 125 real estate projects were reviewed, with 25 being VIS projects. According to the Deputy Minister, 23 of those submitted have been attended to.
• Miraflores: 87 projects were reviewed, including 14 VIS projects. All of those projects have been attended to, ensuring compliance with the TC ruling.

Ramos clarified how these projects were handled: “All those who were approved before the sentence [del TC] And that have been sold to third parties, where there is a third with acquired rights, the MVCS no longer has to pronounce. In this case, it is the municipality that, if it continues with the position of observing [la VIS]you have to do it judicial, no longer administrative. [Las solicitudes sobre los proyectos] The requirements and in compliance with the Judgment of the TC ”have been returned,attending to the TC.”

Future of Social Housing Regulations

Despite the change in regulatory oversight, the MVCS affirms its commitment to promoting VIS. New regulations are being developed to align with the TC’s decision. The new VIS regulation “[El reglamento VIS] It only regulates general conditions for VIS, no longer regulates any urban or zoning parameters. This, in attention to the Judgment of the TC,” mentioned Ramos. This indicates a move towards broader guidelines, leaving specific zoning and urban parameters to municipal discretion.

Regional Collaboration

The Deputy Minister noted the existing Metropolitan Lima ordinance from 2021, which approves VIS projects across the region, excluding San Isidro, Miraflores, San Borja, La Molina, parts of Surco, and parts of Magdalena del Mar. He emphasized the importance of each provincial municipality approving its own VIS ordinance to align with the subsidies granted by the MCVS, adding “Today we work on bonds and benefits for Vis, except those districts.”

Furthermore, the MVCS is actively collaborating with several regions to promote social housing. “We are working with Arequipa, Piura and Callao, through their councils, to promote the VIS,” Ramos confirmed.

Implications and Actionable Advice

This shift in regulatory power requires developers to engage directly with municipal authorities to understand local urban parameters and zoning regulations. For ongoing projects, it is crucial to assess the impact of the TC ruling and adjust strategies accordingly. This change could foster more tailored and community-responsive housing developments, aligning with local needs and urban planning objectives.

Conclusion

The Constitutional Tribunal’s ruling grants municipalities the power to define urban parameters for housing projects, marking a significant shift in Peru’s real estate landscape and underlining the move towards local decision-making in urban development. This transition calls for developers to collaborate closely with local governments,adapt to new regulatory environments,and actively participate in shaping community-specific housing solutions.Are you prepared to navigate these changes and seize the opportunities in this evolving sector? contact your local municipality today to learn more about upcoming projects!

How can municipalities best coordinate with housing developers to prevent project delays and increase community support for VIS projects when establishing specific urban parameters?

Peru Housing: Municipalities Gain Power in Defining Urban Parameters – Interview

Interview with Architect Isabella Rodriguez on New Housing Regulations

The recent Constitutional Tribunal (TC) ruling in Peru has shifted the authority for defining urban parameters from the Ministry of Construction and Sanitation Housing (MVCS) to municipalities. This change considerably impacts real estate advancement, especially for social housing (VIS) projects. To understand these changes better, Archyde News spoke with Isabella Rodriguez, a leading architect specializing in sustainable and community-focused housing solutions in Peru.

The Big Shift: municipalities Now Set the Rules

Archyde News: Isabella, thank you for joining us. this ruling seems like a major change. Can you explain in simple terms what it means for developers and architects working on housing projects, particularly VIS projects?

Isabella Rodriguez: Certainly. Essentially, where the MVCS previously set the urban parameters—things like building height restrictions, density, and zoning requirements—these are now resolute at the municipal level. For VIS projects, this means developers need to engage directly with each local municipality to understand their specific rules and regulations. It’s a move towards localized control over urban planning.

Navigating the New Landscape

Archyde News: So, what actionable advice would you give to developers starting or continuing with VIS projects now?

Isabella Rodriguez: My strongest advice is to prioritize early and thorough engagement with municipal authorities. Understand their vision for urban development and how your project aligns with local needs and regulations. This also involves building relationships with local community stakeholders. Early consultation can prevent costly delays later on.

Impact on Ongoing Projects

Archyde News: What about projects that were already approved under the previous MVCS regulations? Deputy Minister Ramos mentioned the handling of projects in San Isidro and Miraflores.

Isabella Rodriguez: As the Deputy Minister indicated, if those projects were approved and sales have occurred, the municipality will now have to take judicial action. It is important to reach out to the municipality to better understand how to proceed. The key is clear dialogue and demonstrating a willingness to adapt to any new municipal requirements.

Future of Social Housing and Urban Planning

Archyde News: Deputy Minister Ramos also mentioned the development of new VIS regulations focusing on general conditions, leaving urban parameters to municipalities. What are your thoughts on this approach?

Isabella Rodriguez: I believe it’s a step in the right direction. Establishing general guidelines with the MVCS, while giving autonomy to municipalities allows more tailored solutions to the VIS that also meet the demands of specific regional areas. This encourages creativity and responsiveness to community-specific needs.

Regional Collaboration: A Critical Component

Archyde News: The Deputy Minister mentioned collaborations with regions like Arequipa, Piura, and Callao. How critically important is this regional approach for the success of social housing initiatives?

Isabella Rodriguez: Vitally important. Each region in Peru has unique characteristics – its climate, culture, and economic activity. A generalized approach won’t work. By collaborating directly with regional councils, The MVCS can craft policies and incentives that truly address the pressing housing needs of each specific area.

A Thought-Provoking Question for Our Readers

Archyde News: Isabella, what is the biggest chance you see arising from this shift in power, and what are the biggest challenges?

Isabella rodriguez: The biggest opportunity I see is the potential for more inclusive and community-driven housing developments that truly reflect the unique character of each locale. The biggest challenge will be ensuring standardization across so many entities. The lack of communication between stakeholders may prove to be a challenge. So, I pose a question to our readers: How can municipalities best coordinate with housing developers to prevent project delays and increase community support for VIS projects when establishing specific urban parameters? We encourage you to share your thoughts in the comments below.