The text proposed seeks to provide greater legal certainty by avoiding interference in equal relationships and privileging the risk allocation mechanisms of commercial contracts.
Senate approves emergency rules on real estate and agrarian contracts, residential rent, and life in condominiums during the covid-19 pandemic. The text will now be submitted to the Chamber of Deputies before going to the Brazilian president for approval or veto.
Note the guidelines regarding extrajudicial services issued in different Brazilian states due to the coronavirus pandemic.
The paid purchase of real estate is a taxable event that generates the Property Transfer Tax (ITBI), paid by purchasers. The rate of this municipal tax varies between 2% and 5% of the transaction value or reference value of the property (calculated based on what each municipality considers to be its market value), whichever is higher.
In effect since December of last year, Executive Order (MP) No. 910 provides for changes in land regularization procedures for occupations on lands of the Federal Government, with the objective of reducing the bureaucracy in the process of granting definitive titles to settlers, especially small rural producers.
The São Paulo City Hall is preparing to discuss a draft bill to amend Law No. 16,402/16, the current Land Division, Use, and Occupancy Law (LPUOS), with the purpose of adapting real estate production to the urban policy guidelines defined by the Strategic Master Plan. The document was submitted for review by the public on October 31 of this year, through a participatory process in public hearings mediated by the Municipal Department of Urban Development (SMDU).
After the historical slowdown of the Brazilian economy and the brake imposed on all segments of the real estate market for a record amount of time, the expected recovery in the sector has been showing some concrete signs since the second half of 2019. Growth has been experienced in several sectors (logistics, retail, commercial, and residential), reflecting current economic policy, approval of labor and social security reforms, and signs that the government will proceed with tax reform. The decrease in unemployment and inflation, the maintenance of interest rates at a record low level, the increased faith in the economy, and the evident improvement in credit conditions also contribute to optimism, all ideal ingredients for the resumption of the real estate market starting in 2020.
Resolution No. 4,661/18 of the National Monetary Council (CMN) will reach one and a half years since its publication and will enter into effect on November 29. Even after the time that has elapsed, some rules established for investment in what was previously called the “Real Estate Segment” are still under discussion. Appropriate regulation on the subject in order to guarantee legal certainty for real estate transactions carried out by closed-end private pension entities (EFPC) is lacking.
The opportunity for regularization of buildings granted by the São Paulo City Government, through Law No. 17,202/19, should benefit more than 750,000 irregular properties in the state capital. The Amnesty Law, as it is popularly known, meets the provisions of the Strategic Master Plan of the Municipality of São Paulo and establishes the subordination of regularization of buildings, when necessary, to the execution of works.
Discussions on the issue of regulating the process of acquisition of rural real estate by foreigners should gain momentum following the presentation to the Federal Senate of Bill No. 2,963/19, dating from the end of May of this year. The text of the bill addresses various problems that the market faces with current laws and regulations, which depends on an extremely bureaucratic, uneven procedure and no operational resources for its implementation. All of this makes the acquisition process time consuming and affects the legal security of investment projects.
Federal Law No. 13,838/2019, published on June 5, sought to facilitate the geo-referencing process of rural properties. With the addition of a new paragraph 13 into article 176 of the Public Registers Law, the consent of abutting landowners in the geo-referencing process required in cases of subdivision, splitting, consolidation, and transfer of rural properties was dispensed with. Consent  will be replaced by a declaration by the applicant that he respected the limits and boundaries of his property.
It is enough to observe some of the most pulsating cities today to see that entrepreneurial creativity seems to be inversely proportional to available urban space. Proof of this are the various projects around the world with new ways of making better use of the rooftops of buildings or raised slabs.