Supreme Court Ratifies Nullity of 2019 and 2020 Permit Regulations; Validates Permits Issued Under Such Regulations Before Issuance of Opinion

Update: On June 16, 2023, after the Supreme Court’s Opinion became known, the Puerto Rico Planning Board and Governor Pedro Pierluisi issued a new Joint Regulation for the Evaluation and Issuance of Permits Related to the Development, Use of Land and Business Operations (the “Emergency Joint Regulation”), in order to prevent the 2010 Joint Regulation to become effective. According to the Governor, “there is an urgent necessity, and the public interest requires the [Emergency Joint Regulation] to be immediately put into effect”. The reasoning behind such decision is that “the 2010 Joint Regulation is not compatible with the present and applicable rule of law, and hence valid but inapplicable.” The Emergency Joint Regulation has been adopted under Section 2.13 of Act No. 38-2017, or the Puerto Rico Government’s Uniform Administrative Procedures Act, which grants the Governor power to enforce regulations before following the proper approval procedure when an emergency justifies such action. Nonetheless, the Emergency Joint Regulation must follow the procedures established by law afterwards.

A brief review of the Emergency Joint Regulation shows it is substantially similar to the Joint Regulation for the Evaluation and Issuance of Permits Related to the Development, Use of Land and Business Operations, Regulation No. 9233 of December 2, 2020.

Download the Spanish version of the Emergency Joint Regulation. Please reach out with any questions or inquiries.

Original News Alert: On June 16, 2023, the Supreme Court of Puerto Rico issued a Per Curiam Opinion confirming that the Joint Regulation for the Evaluation and Issuance of Permits Related to the Development, Use of Land and Business Operations, Regulation No. 9081 of May 8, 2019 and the Joint Regulation for the Evaluation and Issuance of Permits Related to the Development, Use of Land and Business Operations, Regulation No. 9233 of December 2, 2020 (together, the “Joint Regulations”) are null and invalid. However, the Supreme Court clarified that the nullification of such Regulations is prospective. Therefore, all permits issued under both Joint Regulations and before the certification of such Opinion (June 16, 2023) shall be accepted as legal and valid.

As a result of the nullification of the Joint Regulations, the regulation related to zoning and permits that is currently valid in Puerto Rico is the Joint Regulation of Permits for Construction Works and Use of Land, Regulation No. 7951 of November 30, 2010.

The Puerto Rico Planning Board has already begun a new process for issuing an updated regulation related to zoning and permits, and we will provide additional updates as they become available. Please do not hesitate to contact us with any questions or inquiries.

Download the Spanish version of the Emergency Joint Regulation.