New Law Regulates the Liability of Construction Professionals in El Salvador

New Law Regulates the Liability of Construction Professionals in El Salvador

The regulations are now in effect and establish new registration requirements, technical responsibilities, and penalties for those involved in construction, urban development, and land subdivision projects.

El Salvador has a new regulation applicable to professionals and service providers in the construction industry.

The Special Law on Professional Liability for Persons Subject to Registration in the Registry of Professionals and Service Providers in Urban Development and Construction It took effect on September 19, 2026, following its publication in the Official Gazette No. 169, Volume 452, dated September 11, 2026.

Who is subject to the new law?

The regulations apply to individuals and legal entities involved in the planning, design, execution, supervision, control, and maintenance of construction projects, urban developments, and land subdivisions.

The registry administered by the Directorate of Land Use Planning and Construction (DOT) includes various categories, among them:

  • Construction professionals and technicians.
  • Urban auditors.
  • Specialists.
  • Providers of environmental and cultural services.
  • Processors.

To register, each professional must provide proof of their education, experience, and other qualifications relevant to their specialty.

The law also allows foreign professionals hired for temporary or specific projects to apply for recognition of equivalent credentials obtained in other countries.

Current Registration and Accreditation

Only individuals who are duly registered and have a valid registration may sign plans, studies, calculation reports, logs, and other technical documents, as well as submit applications to the DOT in accordance with their area of expertise.

The registration will be valid for three years and must be renewed at the end of that period.

The regulation also provides for the use of Certified Electronic Signatures and Professional Electronic Seals to validate certain project-related documents.

Violations and Penalties

The new law classifies violations as minor, serious, and very serious.

Punishable conduct includes:

  • Practicing with an expired license.
  • Engaging in activities outside the authorized specialty.
  • Failure to comply with technical or safety standards.
  • Using materials that do not meet applicable standards.
  • Practicing without being registered.
  • Submitting false or altered documentation.
  • Acting with negligence or malpractice when serious consequences result.

Very serious violations may be punishable by fines of up to 20 minimum wages. Measures such as the suspension or cancellation of registration and the deactivation of the user within the permit system may also be imposed.

Transition Period for Processors

The law provides for a six-month transition period. Once this period has ended, new applications submitted to the System for the Administration and Authorization of Building Permits and Subdivisions must be processed by an agent duly registered with the DOT.

What should developers and property owners check?

Before hiring services for a real estate or construction project, it is advisable to verify the following:

  1. The professional or company must be registered and have a valid registration.
  2. The authorized specialty must correspond to the contracted service.
  3. Contracts should clearly define technical and professional responsibilities.
  4. Ensure that the documents are signed and validated in accordance with the new requirements.
  5. Ensure that all procedures with the DOT are handled by authorized personnel within the established deadlines.

These checks can reduce risks during the permitting process and prevent technical, contractual, and administrative issues.

At Legal Spot We advise developers, investors, and property owners on real estate due diligence processes, contract reviews, building permits, and regulatory compliance; We also assist professionals, technicians, and companies in the construction sector with their registration, renewal, or accreditation with the DOT Registry, as well as with reviewing the requirements, contracts, and internal processes necessary to comply with the new regulations. Contact us to evaluate your case and handle the process from start to finish.