The national government has presented a legislative proposal that aims to comprehensively change the property, expropriation and eviction regime in Argentina. The initiative – called Law of inviolability of private property– was created by the May Council The aim is to accelerate forced evictions, to redefine the criteria for compensation in the event of expropriations and to make the conditions for the transfer of land and living space more flexible through specific regulations.
Although the package will be formally debated during 2026, its key guidelines, as well as projects such as the 2026 budget and labor and penal reforms, have already been included in the agenda of the extraordinary meetings.
Accelerated eviction and use of public force
One of the pillars of the project is changing the eviction process. The text suggests the inclusion of a mechanism “Immediate evacuation”applicable to untitled owners, precarious holders, invaders or usurpers.
As soon as the legal dispute has been resolved, the initiative states handed over the title of property On the plaintiff’s side, the judge must order this Immediate delivery of the property within five daysthrough a very summary procedure. The central innovation is that this delivery can even be carried out if the property is unoccupied at the time of surgery.
The text also allows the bailiff to:
- Use public power.
- Houses raided.
- Open floodgates and designate depositories for goods found on site.
- Notify the property itself, even if the resident’s actual address does not match the one provided.
In addition, the project stipulates that the applicant must do this Identify all occupants presenteven if they were not mentioned in the lawsuit, and that the judgment affects them equally.
For evictions due to non-payment or expiration of the contract, a similar system will be introduced: the actor can request the immediate eviction of the rental property by means of an affidavit of guarantee and presentation of the title, although a fine of up to ten times the last rent is foreseen if the owner withholds relevant information in order to obtain the measure.
In housing matters, Article 1.222 of the Civil and Commercial Code is restored: Before the trial, the landlord must Demand that the tenant payThere is a minimum deadline of three days. After this period has expired without a response, the lawsuit can be initiated.
New expropriation regime: more limited compensation
Another central focus of the project is the reform of the expropriation system provided for in Law 21.499. According to the text, the compensation paid by the state is limited only to:
- The objective market value of the assetcalculated regardless of personal or subjective factors.
- Direct and immediate damage arise from expropriation, such as moving costs.
The proposal specifically excludes:
- Affective or sentimental values.
- Hypothetical future profit.
- Lost profita category that previously could claim expropriated property if the economic activity of the property was interrupted.
The value must be from a date prior to the public notice of the expropriation be indexed according to the CPI until the payment date. The state has to ask for it two independent reviews and publish them on their official pages along with the method used. For listed companies, the market value is used before the announcement.
The reform also introduces strict limits for the unusual temporary occupancy: It cannot be extended for more than 60 days and cannot be applied to companies, stocks, interests or assets subject to expropriation. When it is necessary to ensure the continuity of a company, that is judicial interventionnot to indicate the cast.
Changes to reporting, searches and jurisdiction
The amendments to the Code of Civil and Commercial Procedure include operational tools aimed at speeding up each stage of the process:
- They enable the property to be disclosed even if it does not match the contractual address.
- They authorize officials to use public forces to enter, including to check the identity of the inmates.
- They stipulate that reports will not be suspended due to the presence of subtenants or persons not initially named.
- To avoid delays, limit evidence in non-payment lawsuits to documentation only.
The new starting order will include the mandatory inclusion of the Allowing days and hours off workwith the power to search, open locks and name depositories.
Rural areas: flexibility for private individuals and new borders for foreign states
The project also reformulates the rural land law. The proposal eliminates caps and restrictions on land acquisition foreign private capitalwhich today have strict restrictions based on area and ownership percentage.
The only prohibition that is maintained and made more explicit is that linked to the link foreign states and the companies or entities it controls. For these actors, the maximum allowable surface area is 1,000 hectareswithout the possibility of intervening legal entities to act as a shield, which is being considered illegal and fraudulent simulation.
In addition, any share change that increases the holding of a foreign state must be reported to the National Register of Rural Lands within 30 days.
Fire management: End of post-fire restrictions
With regard to the Fire Protection Act, the project removes restrictions that prevented the sale or change of use of land affected by fires for long periods of time. Previously, these provisions were aimed at preventing intentional burning for real estate or manufacturing purposes.
The reform restores Article 22 until before 2020, which will make this possible After a fire, the owner can sell the property immediately or change the type of use.
Changes in RENABAP: free apartment transfer
The project also amends Law 27.453 on Socio-Urban Integration, which governs the property regulation regime for popular neighborhoods.
The most important points are:
- The awarded houses are allowed sold or transferred without restrictionsalso for people or companies that do not belong to vulnerable sectors.
- The initial allotment will continue to be allocated to individual and permanent accommodation, but subsequent operations will be fully released.
- Fees paid by successful bidders shall not exceed the amount 20% of family incomeincluding public services.
- The enforcement authority has a preferential right in future sales.
In parallel, Article 12 of the current law, which prohibited the sale of RENABAP houses for a minimum period of time in order to prevent accelerated gentrification processes, will be repealed.
A package that reconfigures the legal structure of ownership
The series of planned reforms implies a Structural change in regimes associated with private property, land use and the resolution of property conflicts. Accelerating evictions, redefining expropriations and flexibility in the transfer of land and housing aim to reduce costs and time for owners while strengthening the response to unauthorized occupations.
The government claims that the initiative aims to create “legal certainty” and prevent proceedings from dragging on for years. His critics, however, warn of possible effects on the right to housing, urban integration and environmental protection.
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