Country Summary for PERU

Definitions
“Cultural Heritage of the Nation”:
All Archaeological sites and remains, buildings, monuments, places, bibliographic and archival material, artistic objects, evidences with historic values, expressly declared as cultural property and provisionally those which there exists a legal presumption of so being, are cultural patrimony of the Nation, irrespective of their condition as private or public property…. (Constitution of 1993, Art. 21)

Property part of the Cultural Heritage of the Nation is any tangible or intangible expression of human work, which palaeontological, archaeological, architectural, historic, artistic, military, social, anthropological, traditional, religious, ethnological, scientific, technological or intellectual importance, value and significance, is expressly declared as such or if there is a a legal presumption of so being… (Law No. 28296 of 2004, Preliminary Art.  II)

It is presumed that the following have the condition of property part of the Cultural Heritage of the Nation: tangible and intangible property from pre-Hispanic, viceroy's and republican periods, regardless of its condition as public or private property, with the importance, value and significance referred to in the Preliminary Article II and/or which are mentioned by the related treaties and agreements in which Peru participates. The legal presumption shall be rendered without effect by express declaration by the competent agency…(Law No. 28296 of 2004, Preliminary Article III)

“Immovable Property” or “Bienes Inmuebles”:
Buildings, works of infrastructure, environments and monumental complexes, historical centers and additional constructions or material evidence, urban and/or rural, even if they are composed of assets of varying antiquity or use and have archaeological,architectural, historic, religious, ethnological, artistic, anthropological, palaeontological, traditional, scientific or technological value, their landscaped environment and what is submerged in underwater spaces within the national territory. (Law No. 28296 of 2004, Art. 1.1)

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Registry
All property that is part of the Cultural Heritage of the Nation shall be registered with the Ministry of Culture. (Law No. 28296 of 2004, Art. 17)

The owner of unregistered movable property part of the Cultural Heritage of the Nation should have presented his application by June 2009. (Law No. 28296 of 2004, First Temporary Provision)(The regulation of the Law No. 28296 was approved by Executive Order No. 011-2006-ED, published on 1 June 2006). The owner of such property who did not apply for registration during the prescribed period can voluntarily apply for registration with the Office for the Register of Movable Property.

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