9 April 2026
Peru publishes new citizen participation rules for environmental assessments
On March 27, 2026, Peru published Supreme Decree No. 003-2026-VIVIENDA, which approves a new regulation governing citizen participation in the environmental assessment of investment projects in the housing, urban development, construction, and sanitation sectors.
Our alert sets out the regulation’s requirements and key considerations.
Citizen Participation Plan
The regulation requires each project developer to implement a Citizen Participation Plan (Plan) that outlines how stakeholders will be informed and engaged throughout the environmental assessment process. The regulation defines citizen participation as a dynamic, flexible, inclusive, and intercultural process. It states that citizen participation applies at multiple stages of the environmental approval process, including both the preparation and evaluation of environmental studies.
Establishment of participation mechanisms
The regulation establishes a structured framework aimed at ensuring public participation in the review of environmental permitting instruments required for project approval. The project developer must assess feedback, comments, and observations collected through participation mechanisms and, where applicable, incorporate them into the Plan, subject to oversight by the relevant authorities.
Formal participation mechanisms include public hearings, participatory workshops, surveys, suggestion boxes, and public notices. Complementary mechanisms – such as stakeholder interviews, information offices, roundtables, public briefings, and digital participation channels – may also be implemented depending on the project and regulatory requirements.
Environmental Impact Assessments
For projects requiring a detailed Environmental Impact Assessment (EIA), the Plan must be submitted in advance as a standalone document. Where environmental classification has not yet been determined, the Plan will be approved alongside the project classification and terms of reference.
For projects subject to a Declaration of Environmental Impact (DIA) or a semi-detailed EIA, the Plan is incorporated into the environmental study and must include evidence of the participation activities.
The regulation clarifies that citizen participation mechanisms do not replace or affect Peru’s prior consultation process with Indigenous peoples. This process remains governed by national legislation and international obligations, including under the Indigenous and Tribal Peoples Convention, 1989, and applies independently where triggered.
Looking ahead
The regulation will enter into force 90 calendar days after its publication in the Official Gazette. Environmental assessment procedures already underway at the time of its enforcement will continue to be governed by the rules in place at the time of filing.
Learn more
For more information, please contact the authors.
