Yes, squatting occupies a legally ambiguous space in Peru, where adverse possession and unauthorized occupation may lead to civil disputes rather than immediate criminal liability.
Squatting in Peru is not outright illegal but is heavily restricted under civil and criminal frameworks. The Peruvian Civil Code (Article 912) allows adverse possession claims after 10 years of continuous, public, and peaceful occupation, provided the squatter demonstrates good faith and meets statutory requirements. However, Law No. 31333 (2021) and municipal ordinances—such as Lima’s Ordenanza Municipal 2204-MML—authorize swift evictions for illegal occupations of private or public property, particularly in urban areas. Recent 2026 compliance shifts under the Ley de Formalización de la Propiedad Informal prioritize land titling programs to deter squatting, imposing penalties on occupiers who disrupt formal property records.
Key Regulations for Squatting in Peru
- Adverse Possession (Prescripción Adquisitiva): Under Article 912 of the Civil Code, squatters may claim ownership after 10 years of uninterrupted occupation, but must prove exclusive, public, and peaceful use without the owner’s objection.
- Criminal Liability (Article 204-A of the Penal Code): Unauthorized occupation of property valued over 50 UIT (S/ 245,000 in 2026) constitutes the crime of usurpación, punishable by 3–8 years imprisonment. Police may evict squatters within 48 hours of a court order.
- Municipal Enforcement: Local governments, via Gerencias de Desarrollo Urbano, can demolish illegal structures on public land within 15 days of a judicial ruling, as per Supreme Decree No. 008-2023-VIVIENDA.