In short
Section 2.1.9.5 of Joint Regulation No. 9473 is called legitimación activa, or standing, and answers the most basic question of any permit process: who may apply. Every application related to land development and use is promoted by the property’s owner, optionee or authorized lessee, by themselves or through their authorized representative, and in the case of a public project by the Agency Head or their authorized representative. Applications under the Certifications Law are promoted exclusively by the professionals designated in that law. And saying so is not enough: reliable evidence establishing standing must be included, by plain copy of one or more of these documents — public deed, lease contract, purchase option contract, registry certification, heirship declaration, or a land transaction duly approved by the Planning Board; and if the applicant is a juridical person, documentation accrediting its existence and authorization to do business in Puerto Rico or the United States. Where there is more than one owner, evidence must be submitted that all authorize the proposed action or that they delegated that right to a single person. The next section closes another door: no official of the JP, OGPe or the municipal permit offices may file applications or promote projects in which they have an interest or economic benefit without a waiver from the Office of Government Ethics.
What is it?
These are Sections 2.1.9.5 and 2.1.9.6 of Chapter 2.1 of Joint Regulation No. 9473. The first defines standing in the permit process: who has the right to promote an application over a property and with what document they prove it. The second closes the circle on the government side: what happens when the person wanting to file is an official of the evaluating agency.
Who can do it?
The application may be promoted by the property’s owner, the optionee or the authorized lessee, by themselves or through their authorized representative; and in the case of a public project, by the Agency Head or their authorized representative. Applications under Law No. 135 of 15 June 1967, known as the Certifications Law, are promoted exclusively by the professionals designated in that law. No official of the JP, OGPe, the permit or territorial ordering offices of the autonomous municipalities with hierarchy I to III, the Concerned Governmental Entities, the JP’s members, the Adjudicative Board or OGPe’s Assistant Secretary may file applications or promote projects in which they have any interest or economic benefit without a waiver from the Office of Government Ethics.
Requirements
- That the application be promoted by the property’s owner, optionee or authorized lessee, by themselves or through their authorized representative; or by the Agency Head or their authorized representative in the case of a public project.Verified against the official source
- Including reliable evidence establishing standing by plain copy of one or more of these documents: public deed, lease contract, purchase option contract, registry certification, heirship declaration, or land transaction duly approved by the JP.Verified against the official source
- If a juridical person: documentation accrediting its existence and authorization to do business in Puerto Rico or the United States.Verified against the official source
- Where there is more than one owner: evidence that all authorize the proposed action before OGPe or the autonomous municipality with hierarchy I to III, or that the right has been delegated to a single person.Verified against the official source
- Where the property or land is public: express authorization of the public instrumentality authorizing the permit or consultation to be applied for.Verified against the official source
- Where the matter is public improvements on private land: evidence that the lot’s titleholder was notified.Verified against the official source
- Where the application is filed by a licensed professional: evidence that the professional is licensed and colegiado in Puerto Rico.Verified against the official source
- For an official with an interest or economic benefit in the project: a waiver from the Office of Government Ethics, a recorded total or global recusal, and notification of it within five (5) days to the Office of Government Ethics, the JP and the authorized person at OGPe.Verified against the official source
Documents you need
Cost
Step by step
Step 1: Who promotes the application
Every application related to land development and use in Puerto Rico, and any other authorization or process defined in the Regulation, is promoted by the property’s owner, optionee or authorized lessee, by themselves or through their authorized representative; and in the case of a public project, by the Agency Head or their authorized representative. Applications under the Certifications Law are promoted exclusively by the professionals designated in that law.
Step 2: The six documents that prove the right
Reliable evidence must be included establishing standing that the proponent is the owner, or an optionee or lessee duly authorized by the legitimate owner, by plain copy of one or more of these documents: public deed; lease contract; purchase option contract; registry certification; heirship declaration; and a land transaction duly approved by the Planning Board. Plain copy: the Regulation does not require a certified one. A note on the source: the list is printed without legible numbering; we reproduce it in the order it appears.
Step 3: If the applicant is a corporation
If a juridical person, documentation accrediting its existence and authorization to do business in Puerto Rico or the United States is filed. It is not enough that the property is in the entity’s name: the entity’s existence and its ability to operate here must be evidenced.
Step 4: When the property has several owners
Where there is more than one owner, evidence is submitted that all authorize the proposed action before OGPe or the autonomous municipality with hierarchy I to III, or that the right has been delegated to a single person. Those are the section’s only two exits: everyone’s authorization, or delegation to one. It is the typical situation of a property inherited among siblings.
Step 5: Public land and improvements on private land
Where the property or land is public, the applicant must establish standing by express authorization of the public instrumentality authorizing them to apply for the permit or consultation. And the other way round: where the matter is public improvements on private land, the proponent submits evidence that the lot’s titleholder was notified. If the filer is a licensed professional, they must include evidence that they are licensed and colegiado in Puerto Rico.
Step 6: The official who wants to file their own project
Section 2.1.9.6 forbids it absent a waiver: no official of the JP, OGPe, the permit or territorial ordering offices of the autonomous municipalities with hierarchy I to III, the Concerned Governmental Entities, the JP’s members, the Adjudicative Board or OGPe’s Assistant Secretary may file service applications or promote projects in which they have any interest or economic benefit without a waiver from the Office of Government Ethics.
Step 7: Recusal and the five days
With the waiver, the official records their total or global recusal from every matter related to that application, and notifies it within five days to the Office of Government Ethics, the JP and the authorized person at OGPe. The Regulation goes further than paper: the official shall avoid the mere appearance of a conflict of interest, shall not be present at any meeting where the recused matters are addressed and, if present when the topic comes up, must leave the meeting place. Nor may they participate in any stage of their application’s evaluation, and they shall refrain from influencing the employees responsible for evaluating and adjudicating it.
Where to do it
The standing evidence is uploaded with the application in the SUI, before OGPe or the autonomous municipality with the corresponding hierarchy. The authorization of all co-owners, or the delegation to one, is submitted before OGPe or the autonomous municipality with hierarchy I to III. The waiver for an official with an interest in the project is granted by the Office of Government Ethics, and the recusal is notified to that Office, the Planning Board and the authorized person at OGPe.
How long it takes
What to do if something goes wrong
The practical question is almost always the same: the property is not in my name, may I apply for the permit? The Regulation’s answer is yes, if one is an optionee or lessee duly authorized by the legitimate owner, and if the document proving it is attached. The list of accepted documents is short and one suffices: public deed, lease contract, purchase option contract, registry certification, heirship declaration or a land transaction approved by the Board. Plain copy, not certified. The case that gets stuck most often is the inherited property with several owners: there one signature alone will not do, evidence is needed that all authorize the proposed action or that they delegated that right to a single person; better to settle that before opening the application, because without it the file simply waits. If the titleholder is a corporation, its existence and its authorization to do business must also be evidenced. And if the project sits on public land, standing comes not from interest but from the express authorization of the instrumentality that owns the land.
Common mistakes
- Filing without attaching any of the documents that establish standing.
- Assuming a certified copy is needed, when the Regulation asks for a plain copy of one or more of the documents.
- Filing over an inherited property with one heir’s signature alone, without evidence that all authorize or that they delegated the right.
- Filing in a corporation’s name without accrediting its existence and authorization to do business in Puerto Rico or the United States.
- Applying for a permit over public land without the public instrumentality’s express authorization.
- Proposing public improvements on private property without evidence of having notified the lot’s titleholder.
- Filing as a licensed professional without including evidence of licence and colegiación in Puerto Rico.
- Believing a lessee may never promote an application, when they may if duly authorized by the legitimate owner.
- Having an official of the JP, OGPe or the municipal permit office file a project in which they have an interest without the Office of Government Ethics’ waiver.
- Recusing but staying in the meeting when the matter comes up, when the official must leave the place.
Frequently asked questions
May I apply for a permit if the property is not in my name?
Yes, if you are an optionee or lessee duly authorized by the legitimate owner, or their authorized representative, and attach reliable evidence establishing it: a lease contract, a purchase option contract or another of the documents the section lists.
What documents are accepted as proof of standing?
A plain copy of one or more of these: public deed, lease contract, purchase option contract, registry certification, heirship declaration, or a land transaction duly approved by the Planning Board. If the applicant is a juridical person, also documentation accrediting its existence and authorization to do business.
The house belongs to several siblings, who signs?
Where there is more than one owner, evidence is submitted that all authorize the proposed action before OGPe or the autonomous municipality with hierarchy I to III, or that the right was delegated to a single person.
May an OGPe employee file their own project?
Not without a waiver from the Office of Government Ethics. With one, they must record their total or global recusal, notify it within five days to that Office, the JP and the authorized person at OGPe, take part in no stage of the evaluation and refrain from influencing those evaluating it.
Official sources
These are the government pages this guide is based on.
- Oficina de Gerencia de Permisos (OGPe)
OGPe
docs.pr.gov
- OGPe Single Business Portal
ogpe
www.permisos.pr.gov
- Planning Board
jp
jp.pr.gov
Last verified
September 6, 2026
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