BRAZIL Law and Practice Contributed by: Alberto Malta, Davi Ory, Ana Vogado and Maria Eduarda Amaral, Malta Advogados
For off-plan sales, registration under Statute No 4,591/1964 (the Incorporation Law) is manda - tory. Urban compensation tools, such as the transfer of development rights (TDC), may also apply in specific cases. 4.3 Regulatory Authorities The regulation of real estate development and land use in Brazil involves all levels of govern - ment. Municipal authorities, through town halls and city councils, are primarily responsible for zoning, urban planning and licensing, applying local laws. States play a key role in environmental licens - ing for medium-scale projects and regional co- ordination. At the federal level, the Ministries of Cities and Environment, through IBAMA and the National Centre Research for Conservation of Freshwater Fishes (ICMBio), oversee conser - vation areas, pollution control and federal land use. The Federal Patrimony Secretariat (SPU) manages beaches, mangroves and other fed - eral assets. IPHAN may impose restrictions on heritage properties, while INCRA monitors rural land use and compliance with agrarian reform policies. 4.4 Obtaining Entitlements to Develop a New Project The licensing process for new developments typically starts with the urban feasibility consul - tation (c onsulta prévia ), followed by municipal approval of the architectural project and issu - ance of the building permit. For developments involving autonomous units for sale, prior regis - tration under Statute No 4,591/1964 is manda - tory. Larger projects may require environmental licensing (EIA/RIMA), a neighbourhood impact study and approvals from bodies such as the
Fire Department and Health Surveillance. The administrative transparency principle ensures third-party participation through public hear - ings (CONAMA Resolution No 009/1987) and the possibility of administrative challenges. Judi - cially, civil and popular action lawsuits are avail - able, with legal standing granted to associations and the Public Prosecutor’s Office, which may also initiate civil inquiries, sign conduct adjust - ment terms or take legal action under Statute No 10,257/2001 to halt irregular construction. Structural renovations require technical docu - mentation and, if applicable, a structural stabil - ity report. The Civil Code protects neighbour - ing property owners, allowing legal measures in cases involving safety, noise or health risks. 4.5 Right of Appeal Against an Authority’s Decision Administrative appeals against denied urban planning permits are governed by Statute No 9,784/1999 and local regulations, following the administrative hierarchy with deadlines varying by jurisdiction. After exhausting administrative remedies, judicial review is permitted. Third parties with legitimate interests may chal - lenge permits through civil or popular actions. The Public Prosecutor’s Office also holds stand - ing to challenge acts harmful to urban order, including proposing permit suspension or enter - ing conduct adjustment terms. Courts recognise the standing of residents’ associations when they demonstrate legal interest or concrete harm from the contested decision. 4.6 Agreements With Local or Governmental Authorities Real estate development often requires legal agreements with government entities and pub - lic utilities to address infrastructure works, envi -
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