BRAZIL Law and Practice Contributed by: Alberto Malta, Davi Ory, Ana Vogado and Maria Eduarda Amaral, Malta Advogados
3.10 Taxes on Loans Mortgage and mezzanine loan transactions involving real estate in Brazil are subject to registration fees and taxation. To establish real guarantees (eg, mortgages or fiduciary liens), registration with the Real Estate Registry Office is mandatory, with fees determined by the state fee schedule. Additionally, these credit operations are subject to the tax on financial transactions (IOF). There is currently no differentiated tax regime for mez - zanine loans, nor are there pending or proposed legislative changes affecting this treatment. The main charges applicable therefore remain the notarial registration fees and the IOF in line with the existing legal framework. 4. Planning and Zoning 4.1 Legislative and Governmental Controls Applicable to Strategic Planning and Zoning Planning and zoning regulation in Brazil involves the following three levels of government. • Federal: (a) the Federal Constitution; (b) the City Statute; (c) the Urban Land Parcelling Statute; and (d) the Forest Code. • State: (a) State Constitutions;
Control mechanisms include urban permits, neighbourhood impact studies (EIV) and envi - ronmental impact assessments (EIA/RIMA). Sec - toral agencies such as the National Environment Council (CONAMA), the National Institute of His - toric and Artistic Heritage (IPHAN) and INCRA also influence land use planning. 4.2 Legislative and Governmental Controls Applicable to Design, Appearance and Method of Construction Design, appearance and construction methods in Brazil are regulated at the following three lev - els of government. • Federal: (a) Statute for People with Disabilities (Law No 13,146/2015); (b) IPHAN rules for heritage protection; and (c) Technical Standards Association (ABNT) Technical Standards (widely adopted by public authorities). • State: (a) fire brigades: fire safety regulations; and (b) sanitary surveillance: health and hygiene standards. • Municipal: (a) the Building and Construction Code; and (b) the Land Use and Occupation Law. Municipalities may also impose urban obliga - tions like compulsory parcelling or construction to ensure land fulfils its social function, although these measures are rarely enforced. The permits required include demolition, building, and habita - tion permits, plus technical responsibility anno - tations from engineers/architects (ART/RRT). Compliance with federal, state and municipal rules is essential for constructive regularity, with the building permit serving as the core evidence.
(b) the Ecological Law; and (c) the Economic Zoning Law. • Municipal: (a) the Master Plan; (b) Zoning Laws; (c) Construction Codes; and (d) Municipal Land Parcelling Laws.
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