BRAZIL Trends and Developments Contributed by: Ivandro Ristum Trevelim, Rafael Jordão Bussière and Fabio Perrone Campos Mello, Campos Mello Advogados
assets, the primary objective of which is to pro - tect the development against the financial risks of other business ventures of the developer, ensuring that all the revenues from the devel - opment are directed to the project, thereby ensuring its completion. This is a measure that therefore brings greater security to buyers and investors. Additionally, the Law simplified the process of registering the development memorial by elimi - nating bureaucratic requirements and making the procedure more efficient. These changes aim to encourage the development of the real estate market, ensuring greater efficiency and security in real estate developments. Changes to the Urban Land Parcelling Law Law No. 14.620/2023 of 13 July 2023, introduced significant changes to the Law No. 6.766/1979 (the Urban Land Parcelling Law). The changes were aimed at improving legal security and transparency in urban subdivisions. One of the key changes was the possibility for subdivisions to be subject to a special regime of asset affectation. Under this regime, the land, infrastructure and other goods related to the subdivision are segregated from the devel - oper’s assets, constituting an affected asset. This measure aims to guarantee the develop - ment and delivery of plots to the buyers, ensur - ing that the resources are exclusively used for the linked project. The changes are intended to increase the trust of investors and land buyers, promoting a safer and more transparent environment in the real estate market.
Legal framework for guarantees Law No. 14.711/2023 (the Legal Framework for Guarantees) was introduced to facilitate access to credit and improve extrajudicial enforcement by introducing changes to several pieces of leg - islation, including the Civil Code. One of the key changes is the regulation of the guarantee agent, whose functions are now formally defined by law, promoting greater legal security. This agent acts on behalf of creditors in the administration and enforcement of guarantees and can be replaced at any time by the debt holders. Another significant change is the possibility of using the same property as collateral for multiple credit operations with the same creditor, provid - ed the guarantee surplus limit is respected. This is similar to the concept of a mortgage, but with greater efficiency in extrajudicial enforcement. Additionally, the Law allows the use of properties as collateral for financing intended for infrastruc - ture and the production of urbanised lots. Perspectives and opportunities for the real estate market in 2025 2025 presents a transformative scenario for the Brazilian real estate market, with digitalisa - tion, sustainable practices, flexibility and new legislative approaches driving the transforma - tion. With tax reform and new consumption and investment trends, the sector is well-positioned for robust growth. For professionals, investors and consumers, understanding these changes is essential to seize emerging opportunities, navigate regulatory challenges and adapt to an increasingly dynamic and innovative market.
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