INDECOPI declares bureaucratic barriers in Chorrillos public works illegal

The Specialized Chamber for the Elimination of Bureaucratic Barriers of the National Institute for the Defense of Competition and the Protection of Intellectual Property (INDECOPI) declared several provisions contained in Ordinance No. 432-2022/MDCH and Ordinance No. 372-2019/MDCH of the District Municipality of Chorrillos to be illegal. The decision, adopted through Resolution No. 0476-2026/SEL-INDECOPI on August 14, 2026, was published in the Official Gazette El Peruano on Thursday, September 10, 2026, in the Legal Norms section.

The annulled measures affected public, private, and mixed companies providing public services that execute works in public domain areas of the district, as well as the residents of Chorrillos. The ruling confirms in the second instance what was resolved by Resolution 0489-2025/CEB-INDECOPI on November 7, 2025.

The barriers declared illegal

The tribunal determined that two requirements imposed by the municipality constitute illegal bureaucratic barriers:

• The requirement to replace the pavement across the entire width of the roadway within the framework of the execution of emergency works, materialized in numeral 1) of article 29 and numeral 40) of article 42 of Ordinance No. 432-2022/MDCH.
• The requirement to replace the sidewalk panel by panel within the framework of emergency works, materialized in Infraction Code 5.7.41 of the Table of Infractions and Administrative Sanctions approved by Ordinance No. 372-2019/MDCH, as well as in numeral 2) of article 29 and numeral 41) of article 42 of Ordinance No. 432-2022/MDCH.

The basis of the decision

According to the ruling, the imposition of these measures violates articles 7 and 8, as well as numeral 30 of the Glossary of Terms of Law No. 30477, which regulates the execution of public service works authorized by municipalities in public domain areas. The law establishes that the technical aspects for the correct replacement of affected pavements are set by each public service provider through its Pavement Replacement Manual.

Pursuant to numerals 7.1, 7.3, and 7.4 of article 7 of Law No. 30477, public, private, and mixed companies must present an Annual Works Plan to the municipality detailing the works to be executed in public domain areas, including network expansions and maintenance involving the breaking of road infrastructure. Article 8 provides that said plan must include, among other documents, the Pavement Replacement Manual, which details construction procedures, technical parameters, safety distances, and execution times per item.

Scope of the ruling

The ruling specified that the District Municipality of Chorrillos retains the powers to carry out oversight actions regarding emergency works performed in public domain areas of its district, as provided for in Article 6 of Law No. 30477. The resolution was signed by the president of the Chamber, Gilmer Ricardo Paredes Castro.

The decision by INDECOPI represents support for public service provider companies and the residents of Chorrillos, by eliminating requirements that increased the cost and hindered the restoration of pavements and sidewalks following emergency works. This reinforces the framework of Law No. 30477, which reserves the definition of technical restoration criteria for each company, leaving only oversight duties to the municipality.

Source: Official Gazette El Peruano, Thursday, September 10, 2026, Legal Norms, p. 61 (official reference: Resolution No. 0476-2026/SEL-INDECOPI).