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Puerto Rico Planning Board Issues New Joint Regulation for Evaluation and Issuance of Permits Related to Development, Land Use and Business Operations

By: Alicia Lamboy, Esq.

December 29, 2020

On December 2, 2020, the Puerto Rico Planning Board issued Regulation 9233, also known as the Joint Regulation for Evaluation and Issuance of Permits Related to Development, Land Use and Business Operations (the “2020 Regulation”). The 2020 Regulation will become effective on January 2, 2020. Amendments in the 2020 Regulation address several controversial provisions in the former version of the regulation.

Generally, the 2020 Regulation simplifies the process for obtaining a Single Permit (Permiso Único). Some of the most significant changes introduced in the 2020 Regulation are summarized below.

  • Single Permits will be issued when petitioners comply with information and documentation requirements for the application, even if inspections required to obtain certifications/licenses covered by the Single Permit have not yet been performed. When filing the application, petitioners also must comply, or commit to comply, with applicable operational requirements, including those that may later be required by inspectors.
  • Expansion of the list of entities/persons allowed to perform inspections in connection with the licenses included into the Single Permit. Inspections can now be performed by inspectors of the Office of Permits Management, Autonomous Municipalities, the P.R. Fire Bureau, the P.R. Department of Health, Authorized Professionals (AP), and Authorized Inspectors, as applicable.
  • Another significant change is that APs are now allowed to certify sanitary conditions of any type of business, including those where food is prepared and served to customers, food manufacturing, and water bottling facilities.
  • Effective term of Single Permits may vary from 1 to 3 years at the applicant’s request.

In addition, the 2020 Regulation upgrades the list of activities that are not considered to be construction works, as well as the list of minor activities exempted from obtaining a construction permit. The 2020 Regulation, however, requires the filing of an application to confirm that any proposed minor activities are exempt from obtaining a construction permit.

Goldman Antonetti & Córdova, LLC stands ready to assist you and your business to adjust to Puerto Rico’s regulatory and legal changes. If you need further assistance in this area, please contact any of the following members of our Firm:

Alicia Lamboy-Mombille 787.759.4144
Francisco Dox 787.759.4220
Myrna Lozada-Guzmán 787.759.4149
Gretchen M. Méndez-Vilella 787.759.4207
William Morales 787.759.4103
Thelma Rivera Laboy 787.759.4104
Arnaldo Villamil 787.759.4148

Disclaimer: Although the information included in this document may concern legal issues, it is not a legal opinion or professional advice and clients shall not use it as such. We assume no responsibility or liability of any kind for any information contained herein, and we expressly disclaim all liability for any claim for damages arising from the use, reference to, or reliance on, such information. If legal or other expert assistance is required, the services of a competent professional should be sought.

Goldman Antonetti & Cordóva, LLC | 787-759-8000 | www.gaclaw.com