Alerts
Amnesty Law
In October 16th, 2019, the municipal Law nº 17,202/2019, popularly known as Amnesty Law, was published. The Law regulates the adequacy of buildings that have been concluded until July 31st, 2014 and that are in compliance with hygiene, safety of use, accessibility, habitability and healthiness standards.
The Law provides three distinct forms of regularization of buildings that meet the requirements established therein, as indicated below:
AUTOMATIC
Residential buildings in the R, R1 and R2h use categories, of low and medium standards and that are fully exempt from the IPTU in the year of 2014 will be automatically considered regular, regardless of any specific request. Fines on buildings that meet these conditions will also be automatically canceled.
DECLARATOTY
It may be requested by declaratory procedure, the regularization of buildings with a built up are of, at most, 1.500 square meters, that are (a) multi-family residential buildings with up to 10 meters high, with a maximum of 20 autonomous units and that are in compliance with the utilization coefficient; (b) buildings built by the Government in connection with Social Interest Housing Programs (HIS) and Market Housings Programs (HMP); (c) single-family residences – R1 that do not exceed the base utilization coefficient of the area and (d) residential buildings, for mixed or non-residential use, as long as allowed in the area of use, considered as low risk and place of worship in sub categories nR1 and nR2.
REGULAR
It may be required, through a common procedure, the regularization of buildings with a built up area greater than 1,500 square meters, which do not fit the declaratory or automatic procedures. The regularization must be requested by the interested person by means of the presenting of the documents required by Law.
In addition, the law prohibits the regularization of buildings that are:
- located on public places without permission;
- located near dams, lakes, lagoons, streams, valley bottoms, rainwater runoffs, galleries, pipelines and high-voltage power transmission lines in a watershed, environmental, or permanent preservation area;
- subject of Urban Operations, Consortium Urban Operations or Interconnected Operation;
- affected by road improvement provided for by law (except for improvement plans published prior to November 8, 1988), provided that no public utility statement is in effect at the time of approval of the project;
- located in irregular land subdivision projects;
- located in an area that requires mandatory consultation with the Regional Flight Protection Service;
- the shelter of (i) institutional activity classified as nR3 (special and inconvenient uses), in accordance with the law of land use and occupation; (ii) activities subject to environmental licensing; (iii) activity considered as a Traffic Generating Pole.
Finally, the Regulatory Decree will be published within 60 days and the Law will come into effect on January 1, 2020.
The Dias Carneiro Advogados Real Estate Law team is following the implementation and is available to help with the impacts of the new legislation.
