Indecopi declares eleven charges and three requirements of Huancayo's TUPA illegal

The Specialized Chamber for the Elimination of Bureaucratic Barriers of Indecopi declared eleven processing fees and three documentary requirements contained in the Single Text of Administrative Procedures (TUPA) of the Provincial Municipality of Huancayo to be illegal. The decision is contained in Resolution No. 0697-2026/SEL-INDECOPI, issued on September 25, 2026, and rectified by Procedural Resolution 0821-2026/SEL-INDECOPI, published in the Official Gazette El Peruano on Sunday, November 8, 2026, in the Legal Norms section. The ruling confirms in the second instance what was resolved by the Commission of the Indecopi Regional Office of Junín through Resolution 0068-2025/CEB-INDECOPI-JUN, dated November 12, 2025.

The contested regulation is the municipal TUPA approved by Municipal Ordinance 0790-MPH/CM, dated April 16, 2025, which establishes the procedures and processing fees currently in effect in the province. The resolution bears the signature of Gilmer Ricardo Paredes Castro, president of the Chamber, and applies to procedures related to property numbering certificates, certificates of possession, urban parameters, cadastre, zoning, and the endorsement of plans before the Urban Development Management.

The eleven charges declared illegal

The observed amounts, per Huancayo TUPA procedure, are as follows:

• S/ 308.20 for Property numbering certificate (ES1726979056, 75-B).
• S/ 412.60 for Municipal certificate of possession for other purposes (PA12111759, 21-D).
• S/ 91.20 for Assignment of property numbering (PE1726971149, 19-C).
• S/ 153.20 for Certificate of Urban and Building Parameters (PA12115285, 75-D).
• S/ 146.50 for Negative Cadastral Certificate (PA121178D4, 21-C).
• S/ 31.00 for File visualization (PA1211B490, 20-D).
• S/ 80.50 for Issuance of documents for purposes of acquisitive prescription of ownership (PA1211ED76, 20-I).
• S/ 157.60 for Zoning and roads certificate (PA1211A8B1, 21-A).
• S/ 222.80, S/ 366.50, and S/ 536.90 for endorsement and resealing of plans for areas up to 250 m², from 251 to 500 m², and from 501 to 1,000 m², respectively (PA1211F96F, 20-A).

Together, the eleven charges total S/ 2,507.00 per individual procedure.

The three requirements of the certificate of possession procedure

The Chamber also declared three requirements of procedure PA12111759 (21-D) for the municipal certificate of possession to be illegal:

• The sworn statement of the applicants.
• The sworn statement of three neighbors close to the property.
• The certified copy of the self-assessment tax receipt.

The basis is that Article 28 of Supreme Decree 017-2006-VIVIENDA establishes the only documents required to obtain certificates or proofs of possession for the purpose of basic service feasibility; therefore, the municipality exceeded the requirements permitted by sectoral regulation.

The basis: the cost methodology

Regarding the charges, the Chamber applied Articles 44 and 45 of the Single Ordered Text of Law 27444, Law of General Administrative Procedure, which require processing fees to be determined based on the actual costs of each procedure and in accordance with the methodology approved by Supreme Decree 064-2010-PCM, together with Supreme Decree 200-2020-PCM and Resolution 003-2010-PCM/SGP.

The Provincial Municipality of Huancayo failed to prove that it had followed these steps nor did it present sufficient documentation to verify that the amounts corresponded to actual costs, even after the request made by the Chamber. For this reason, the illegality of the eleven charges was confirmed.

The resolution specifies two limits: it does not restrict the municipal competence to establish and collect processing fees according to the national regulatory framework, and the declaration of illegality of the requirements is limited to the three examined demands, without extending to other uncontested requirements.

Impact for residents and companies

The ruling directly benefits citizens and companies conducting procedures before the Provincial Municipality of Huancayo, who can no longer be forced to pay processing fees whose actual cost is not proven, nor to present additional documents beyond those provided for in sectoral regulations to obtain their proof of possession. The decision adds to other Indecopi rulings published in the same edition against municipalities for similar charges and requirements, and obliges the commune to adapt its TUPA to the legality and costing parameters required by Law 27444.

Source: Official Gazette El Peruano, Legal Norms, Sunday, November 8, 2026, p. 36 (official reference: 2572561-1).