Property rights and lease agreement lead to supposed violations. Our firm is advising Inversiones Puerto Callao (IPC) on a matter related to alleged violations arising from a property located in the Province of Callao. IPC exercises all the rights inherent to its ownership of said property and entered into a lease agreement with Fábrica de Envases (FADESA), under which the latter would act as the tenant of the property.
Notices of violation issued for allegedly unauthorised construction: In February 2024, the Administrative Inspection Office of the Municipality of Callao issued two Inspection Reports to FADESA, which resulted in two Notices of Violation. The first notice established the violation as carrying out constructions on land areas that do not have urban planning approval from the Municipality. The second notice alleged the carrying out of construction work without the required building permit.
Challenging municipality’s permit requirement: We filed a complaint with INDECOPI against the Municipality, challenging the requirement for a building permit on regularized structures. The complaint questioned the legality of this requirement, given a law allowing permit regularization, which IPC had followed.
Overturning unlawful permit requirement: As a result, INDECOPI issued a resolution, in which it considered all the legal arguments presented in the complaint and confirmed that the permit requirement constitutes an unlawful bureaucratic barrier. Consequently, the complaint filed by IPC was upheld, marking a resounding success for the client.
Real estate and civil engineering experts in Peru: Inversiones Puerto Callao (IPC) is a company engaged in real estate activities involving owned or leased properties, as well as the construction of civil engineering works.
Latest development: With our assistance, the client obtained a favourable decision, which is pending confirmation.
