Real Estate Law and Property Regularization

The physical and legal regularization of properties ensures legal security, facilitates real estate transactions, access to financing, proper appraisals, and faster procedures.

What happens if legal issues are discovered during the physical and legal regularization process?

Our real estate law specialists analyze the case and propose immediate legal solutions, either through registry regularization or via legal alternatives that resolve the conflict.

We provide comprehensive advisory services in the management of condominiums, buildings, and residential complexes:

  • Review of documents and drafting of internal regulations.
  • Convening, conducting, and formalizing homeowners’ meetings.
  • Formation of boards and validation of mandates.
  • Recovery of unpaid fees and reduction of delinquency.
  • Modification of internal regulations according to the property’s needs.
  • Executive proceedings to collect maintenance debts.
What are the obligations of owners under a horizontal property regime?

To pay common expenses, participate in the Homeowners’ Meeting, approve internal regulations, and respect common areas.

Is a lawyer required to draft a building’s internal regulations?

Yes. Legal advice ensures that the regulations comply with Peru’s Horizontal Property Law, avoiding ambiguities that could generate conflicts among owners.

The drafting and review of real estate contracts is key to ensuring legal security in sales, leases, leasing agreements, anticresis, and other transactions related to real property. Our team ensures that each clause protects the client’s interests and prevents future disputes.

Why is it important for a lawyer to review a property sale contract?

Because it ensures there are no abusive clauses, that the property is legally regularized, and that the transaction complies with current regulations.

What happens if a lease contract is not registered with Public Records?

The contract remains valid, but it does not provide the same legal security against third parties nor the possibility of executing an expedited eviction.

Can a real estate contract be modified after it has been signed?

Yes, as long as both parties agree and it is formalized through an addendum with the same validity as the original contract.

Building regularization allows for the registration of constructions, extensions, or renovations that were not previously declared, providing legal security, access to mortgage credit, and avoiding municipal penalties.

What happens if I do not regularize a construction with the municipality?

There are risks of fines, inability to sell the property, and difficulties in accessing bank loans.

How long does the building regularization process take?

It depends on the municipality and the complexity of the property, but on average it can take between 2 and 6 months.

Is it possible to regularize older buildings?

Yes. Peruvian regulations allow the regularization of older buildings as long as technical and safety standards are met.

We provide legal defense in eviction proceedings, boundary disputes, possession claims, acquisitive prescription, and any other conflicts arising from real estate ownership. Our team combines preventive and judicial strategies to protect our clients’ rights.

What are the most common reasons for eviction in Peru?

Non-payment of rent, expiration of the contract, and unauthorized occupation.

What should I do if a neighbor invades part of my land?

You can initiate a possession defense or boundary and demarcation process, supported by technical and legal evidence.

Is it possible to acquire a property through acquisitive prescription?

Yes, as long as peaceful, continuous, and public possession is demonstrated for at least 10 years (or 5 years if there is a valid title and good faith).

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At Gálvez Monteagudo Abogados, we have a specialized team in real estate law and legal regularization, with experience in property regularization throughout Peru. We provide advisory services on property title studies, licenses and permits for real estate projects, appraisals, topographic surveys, and registry procedures.

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