Can community land trust models work in Peru? Researching community-based land tenure models for affordable housing
| Date | 09 October 2023 |
| Pages | 194-211 |
| DOI | https://doi.org/10.1108/JPPEL-07-2023-0035 |
| Published date | 09 October 2023 |
| Subject Matter | Property management & built environment,Building & construction,Building & construction law,Real estate & property,Property law |
| Author | Gerson Barboza De Las Casas |
Can community land trust models
work in Peru? Researching
community-based land tenure
models for affordable housing
Gerson Barboza De Las Casas
Faculty of Law, Pontifical Catholic University of Peru, Lima, Peru
Abstract
Purpose –In pursuit of affordable housing, the Sustainable Urban Development Act of 2021 contains
regulations for communityland trusts (CLTs) in Peru. This study aims to assess whetherthe CLT model can
be an effectivetool for low-income housing generationin the Peruvian context.
Design/methodology/approach –This study draws upon information collected from qualitative
researchand official statistical data to identify the main problemsin the Peruvian housing sector. The authors
gathered evidence fromspecialised literature to examine the benefits and drawbacksof CLT implementation
and functionality as experiencedin the USA, England and Canada in contrast to Puerto Rico and Brazil. To
assess the potentialeffectiveness of the CLT model in Peru, the results from the examinationof both groups of
countriesare analysed and contrasted with the evidence from the Peruvian experience.
Findings –Through micro-scale interventionsin places with a consolidated sense of community, the CLT
model can be an effective tool foraffordable housing generation. However, no robust evidence suggeststhat
the CLT model could be an effective tool for large-scale intervention in cities with disorganised and
acceleratedgrowth. Moreover, the level of housingaffordability defined by the CLT model may be insufficient
for people from the lowest-incomepercentiles.
Originality/value –Peruvian CLT adaptation will require a shift in individual property mind-sets.
Furthermore, the model shouldbe enhanced by governmental support through public subsidies andbacked
by mortgage loansand land grant programmes.
Keywords Community land trust, Affordable housing, Community-led housing,
Peruvian housing sector
Paper type Research paper
1. Introduction
In pursuit of affordable housing, The Sustainable Urban Development Act (“Ley de
Desarrollo Urbano Sostenible”) established [1] the community land trust (CLT) system
(“Fideicomiso Comunitario de Tierra”) for the first time in 2021. The CLT model is a
collective stewardship land tenure model led by a non-profit organisation which owns land
on behalf of a group of housingunit owners.
The authors would like to thank the following for their critical feedback and encouragement: Nelwin
Castro Trigoso, Daniel Quiñonez Or
e, Keith McCollum, and to all participants and organizers at the
Young Property Lawyers’Forum 2022 and Association for Law, Property and Society 2022 Annual
Meeting. The authors would like to thank Editage (www.editage.com) for English language editing.
This research was conducted with grants from Centre for Research, Training and Legal Advice
(“Centro de Investigaci
on, Capacitaci
on y Asesoría Jurídica –CICAJ”) of the Pontifical Catholic
University of Peru –PUCP.
JPPEL
15,3
194
Received27 July 2023
Revised19 September 2023
Accepted19 September 2023
Journalof Property, Planning and
EnvironmentalLaw
Vol.15 No. 3, 2023
pp. 194-211
© Emerald Publishing Limited
2514-9407
DOI 10.1108/JPPEL-07-2023-0035
The current issue and full text archive of this journal is available on Emerald Insight at:
https://www.emerald.com/insight/2514-9407.htm
The CLT model generates affordable housing by granting land rights, particularly to
people from socioeconomically disadvantaged or structurally segregated sectors (Gray and
Galande, 2011;Gray and Miller-Cribbs, 2012). Moreover, the CLT is an alternative housing
generation model based on a community-led land tenure systems (International
Independence Institute,1972).
This study aims to assess whetherthe CLT model can be an effective tool for low-income
housing generation in the Peruvian context. For thispurpose, we first develop an overview
of the Peruvian housing sector, focus on prevailing inadequate dwelling conditions and
explain why this problemhas not only persisted but also increased.
Secondly, based on evidence gathered from specialised peer-reviewed literature, we
examine how the CLT model has worked in the USA,England and Canada. Experience from
this group of countries provides the first insight into the benefits and drawbacks of this
model.
Thirdly, we examine the CLT adaptations in Puerto Rico and Brazil. The experience in
these countries is particularly important for this study because it provides evidence in the
context of informal landtenure.
Finally, based on the evidence and analysisof the above, we discuss how CLT can work
in the Peruvian context, highlighting the challenges, potential objections and opportunities
for its implementation.
2. Research methodology
We began by collecting the bibliographic information of qualitative studies and official
statistical information to obtain an overall perspective on the housing sector in Peru. We
attempt to identify the main problems related to the sector, namely, inadequate housing
conditions, disorganisedand accelerated city growth and informal settlements.
We then identified the benefits and drawbacks associatedwith CLT implementation and
functionality by conductinga systematic examination of the evidence from specialisedpeer-
reviewed literature on examples from the USA, England and Canada.The search prioritised
case studies and directly collectedinformation that demonstrated the model’sefficacy in the
pursuit of affordablehousing.
This study also examines CLT functionality using peer-reviewed and grey literature,
focusing on its implementation in Puerto Rico (Caño Martín Peña CLT) and Brazil (Termo
Territorial Coletivo CLT Project). These CLT model adaptations allowed the gathering of
information on the challengesencountered in the context of informal settlements.
Finally, to assess the potential effectiveness of the CLT model in Peru, the results from
both groups of countries are analysed and contrasted with the evidence from the Peruvian
case by establishing the key points of CLT adaptation.
3. Peruvian housing sector overview
3.1 Inadequate housing conditions
According to the Ministryof Housing, Construction and Sanitation (“Ministerio de Vivienda,
Construcci
on y Saneamiento–MVCS”), Peru’s housing deficit is around 1.5 million [2],
mainly in the moderate- and low-income categories(MVCS, 2021). This deficit is reflected in
inadequate housing conditions; since many people are unable to afford new houses or
improve their existing properties, they are often forced (or choose) to squat and live in
informal settlementsor build their own dwellings to evade urban regulation.
As a result, most dwellings do not have access to public facilities such as water, sewage
systems or electricity or to public spaces such as parks and recreational centres (Calder
on,
2019a;Lambert, 2021;Shaneeand Shanee, 2016;Skrabut, 2021).
Land tenure
models for
affordable
housing
195
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