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New Professional Liability Rules For Urban Development And Construction
El Salvador has enacted a new Special Law on Professional Liability regulating the planning, design, execution, supervision, control, and maintenance of urban development and construction projects. The law applies to natural and legal persons subject to registration in the Registry of Professionals and Service Providers for Urban Development and Construction. It entered into force on September 19, 2026, as communicated by the Directorate of Territorial Planning and Construction (DOT) on September 21, 2026. As of the date of this publication, the law is not yet available for consultation on the Official Gazette’s website.
The new legislation strengthens the Registry administered by the DOT and establishes new obligations, controls, and sanctions for professionals in the sector.
Who will be required to register?
Registration and maintaining an active status in the Registry will be mandatory for those carrying out regulated activities. This includes:
The registration of a company does not replace the individual registration requirements applicable to professionals, technicians, specialists, or permit processors who are required to register.
The Registry will be organized into the following categories:
The DOT will establish public consultation mechanisms to verify registration status.
Key Obligations
The most relevant obligations include:
Documents and applications submitted to the DOT must use a Certified Electronic Signature and Professional Electronic Seal. In addition, continuing professional development will be required to renew the registration.
Liability and Sanctions
Professionals will be technically liable for deficiencies, omissions, or non-compliance attributable to their actions. When acting on behalf of, in representation of, or for the account of an individual or legal entity, joint and several civil liability may apply.
Practicing without registration, submitting false documentation, or engaging in certain negligent acts that result in damage, injury, or loss of life constitute very serious violations.
In addition to the fine, a very serious violation may result in the suspension of the registration and deactivation of the user in the system, without prejudice to any applicable civil or criminal liability.
What should companies consider?
Companies involved in urban development and construction projects should timely verify that both the company and the professionals and permit processors involved in their projects have the corresponding registrations and accreditations.
They should also consider that, six months after the law enters into force, new applications submitted through the Construction and Subdivision Permits Administration and Authorization System must be filed through a duly registered permit processor.
The new regulatory framework raises compliance standards for the construction sector and makes it necessary to strengthen internal controls relating to registration, accreditation, technical documentation, and the activities of the professionals involved in each project.
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