The city of São Paulo is facing a significant milestone in urban management and real estate planning with the extension of the deadline for regularizing properties.
The Building Regularization Law, under number 17.202/2019, has been a key instrument in the legalization of buildings that, until then, were in disagreement with municipal standards.
Recently, with the enactment of Law No. 18,062/2023, the deadline for requesting regularization was extended until December 31, 2024, expanding the opportunity for more owners to regularize their properties.
In this article we will explain what the Real Estate Regularization Law is, why it is so important, who can apply for it and the 4 types of regularization. Enjoy your reading!
What is the Real Estate Regularization Law?
The Property Regularization Law is a municipal law in the city of São Paulo designed to facilitate the legalization of buildings that were constructed in violation of building regulations in force up until July 2014.
This law allows the owners of these properties to adapt them to current legislation on land division, use and occupation, thus promoting the integration of these buildings into the legal and urban context of the city.
The initiative aims to reduce bureaucracy and simplify the regularization process, making it more accessible to the population.
Since its implementation in 2019, the law has had a significant impact on the city, with the regularization of more than 212 thousand properties, a significantly higher number than that achieved by previous legislation.
The Municipal Department of Urban Planning and Licensing (SMUL) is responsible for analyzing regularization processes and issuing the necessary documents, thus facilitating the legalization of a vast number of properties.
Why is this law so important?
In addition to promoting legality and legal security for property owners, this law contributes to improving urban planning and the management of spaces in the city.
By encouraging regularization, the city hall seeks not only to resolve pending legal issues, but also to promote more orderly and sustainable land use.
The recent extension of the deadline for requesting regularization until December 31, 2024 reinforces the city’s commitment to facilitating this process for an even greater number of citizens.
Who can request regularization?
Eligibility to request property regularization is quite specific. Owners of buildings that were constructed up to July 2014 can request regularization.
This includes a wide range of properties, from private residences to commercial establishments, that present inadequacies in relation to the city’s building legislation on land division, use and occupation.
This legislation covers the Zoning Law, the Building and Construction Code and the Land Use and Occupation Law, outlining the criteria that buildings must meet to be considered regular.
The legislation’s main objective is to reduce bureaucracy and simplify the regularization process for property owners.
What is the regularization process like?
To begin the regularization process, interested parties must submit a request accompanied by all necessary documents to demonstrate that the building can be adapted to municipal standards.
This facilitates the work of the Municipal Department of Urban Planning and Licensing, which is responsible for analyzing these requests and issuing regularization documents.
Thus, the law covers a broad spectrum of owners, from those with small residences to large commercial establishments, schools and offices, as long as they comply with the requirements established by the deadline stipulated by the legislation.
It is worth mentioning that the regularization process can be carried out completely digitally through the Licensing Portal, where it is possible to carry out all the application steps and send the necessary documentation remotely.
What are the 4 types of regularization?
The four types of regularization provided for by the Law are designed to meet the needs of different types and sizes of buildings, simplifying the legalization process according to their specific characteristics. These types are:
- Automatic regularization;
- Simplified declaratory regularization;
- Declaratory regularization;
- Common regularization.
Automatic regularization
This modality applies to low and medium-sized residences that already had full exemption from IPTU in 2014. In these cases, regularization occurs automatically, without the need for a protocol by the owner.
Simplified declaratory regularization
Intended for residential buildings that do not fall into the automatic regularization category and have up to 500 m² of built area.
This category simplifies the process by not requiring a detailed analysis by the City Hall, relying mainly on the presentation of documents and certificates by the interested party, together with the technical manager.
Declaratory regularization
This modality is aimed at larger residences and other types of buildings , such as shops, schools, offices, inns, which have a built area of up to 1,500 m².
In these cases, a technical manager is required, and regularization must be requested through the Licensing Portal.
The issuance of regularization occurs after detailed analysis of the documents presented by the City Hall, ensuring that the building complies with current standards.
Common regularization
This is the modality intended for cases that do not fit into the previous categories and for buildings with a constructed area greater than 1,500 m². It also requires the indication of a technical manager.
Unlike the more simplified modalities, the process undergoes a detailed analysis by City Hall technicians, to ensure the building’s compliance with urban planning legislation.
It is important to say that extending the deadline for submitting the regularization request brings benefits to property owners, given that issuing documents at notary offices, among others, can take a long time.
And if you need a company to help you with this entire process, contact LA Arquitetura & Engenharia. We will evaluate your case and propose the best way to regularize your situation.
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