Government formalizes law that specifies parameters for closing commercial premises

The Executive Branch promulgated the Law 31914, which modifies Law 28976, of the Operating License Framework to regulate cases of closure of establishments. In this way, new parameters are approved for the closure of commercial premises run by municipalities.

The regulation published today in El Peruano defines the concepts of “temporary closure” and “definitive closure” of commercial establishments – in the absence of specific legislation in this regard – as well as the notion of “imminent risk”, which will be what prime to arrange these closures.

The temporary closure will be due to the fact that there is some imminent risk to people’s life, health and property. This sanction will also apply when there is no operating license or building safety technical inspection certificate.

Likewise, a business may be temporarily closed when it carries out a business other than that for which it has been authorized and when its activities generate odors, smoke, noise or other harmful effects on the tranquility of the neighborhood.

Meanwhile, the definitive closure only proceeds as an administrative sanction measure at the end of an administrative sanctioning procedure in accordance with Law 27444, Law of General Administrative Procedure.

The Gamarra Peru Business Association (AEGP) welcomed the device and considered that the Congress proposal will avoid arbitrary closures in Gamarra, located in La Victoria.