Tagged with: Real Estate

In the judgment of Extraordinary Appeal No. 695,911, published on April 19, the Supreme Federal Court (STF) ruled that the collection of associative fees in closed allotments prior to Federal Law No. 13,465/17, which changed the content of Law No....

Constitutionally guaranteed (article 5, XXII, Federal Constitution of 1988), the right to property is defined as the right of the owner to use, enjoy, dispose of, and claim the thing (article 1,228, Civil Code). When the right of ownership is...

The Municipality of Rio de Janeiro published, at the beginning of the year, Decree No. 48,378/21, creating an accessory tax obligation for IPTU taxpayers of properties located in the city. From the fiscal year 2021, it would be mandatory, according...

Brazil stands out in the international market as one of the main exporters of agricultural products in the world. In 2020, agribusiness represented 26.6% of the Brazilian GDP.[1] Climate and soil conditions have become major attractions for foreign...

As part of the #InvistaNoRio campaign, an initiative of the Municipal Bureau for Economic Development, Innovation and Simplification (SMDEIS) to boost business in the city of Rio de Janeiro, Municipal Decree No. 48,719/21 was published on April 6,...

Full capacity consists in the ability of an individual to acquire rights and exercise duties in the civil order. Minors under the age of 16 are considered absolutely incapable due to not being able to carry out the acts of civil life in person and...

Over the last few years, the state of São Paulo has adopted several measures to restrain the practice of field burning – traditional agropastoral techniques in which a vegetation is set on fire to clean off the site – in areas of sugarcane...

When judging Special Appeal 1.861.062/SP, the Third Panel of the Superior Court of Appeals (STJ) established the understanding that absence of consent from all co-owners to give possession of property to third parties does not give rise to nullity...

As another initiative to reduce bureaucracy in the Brazilian business environment, the Economic Freedom Act (Federal Law No. 13,874/19) received new regulations from the Committee for the Management of the National Network for the Simplification of...

With the publication of Decree No. 48,378/21, the Rio de Janeiro City Government created a new ancillary tax obligation for IPTU taxpayers for real estate located in the city. As of this fiscal year 2021, they are required to submit an Annual...

With the publication of Federal Law No. 13,786/18 (the Termination Law), the legislator sought to end the discussion regarding the fair and reasonable percentage that could be retained by real estate developers in the event that purchase and sale...

The Brazilian Code of Civil Procedure (Federal Law No. 13,105/15) lists in its articles 879 and 880 the events for forced sale of assets of the judgment debtor in the course of lawsuits. These are the award, sale by private initiative, and,...

According to article 51 of Federal Law No. 8,245/91 (the Tenancy Law), tenants of non-residential real estate will have the right to renew the contract, for an equal term, provided that, cumulatively, the contract is in writing and for a fixed...

Since 2015, with the publication of Law No. 13,240/15 and later, Law No. 13,465/17, the federal government has been indicating a clear interest in improving the process of "destabilization" of public real estate that, for some reason, is of no use...

The governor of Rio de Janeiro signed Law No. 8,953/20, which regulates, at the state level, the Economic Freedom Law (Federal Law No. 13,874/19) and classifies low risk activities that individuals or legal entities may perform in the state of Rio...

Almost three decades after their creation in the Brazilian legal system in 1993, Real Estate Investment Funds (Fundos de Investimento Imobiliário - FIIs) have multiplied and gained new uses, formats, and characteristics, especially in recent...

Executive Order (MP) No. 992/20, published on July 16, provides, among other issues, for the possibility of sharing a single fiduciary sale of real estate as collateral for more than one contract to open financial transactions within the Brazilian...

Law 14,010/2020, published in the Official Gazette on June 12, 2020, establishes the “Emergency and Transitional Legal Arrangement” applicable to private contracts during the Covid-19 pandemic. The law, which originated in Senate Bill 1,179,...

The environment created by the risks of contagion from the new coronavirus (covid-19) has led to the need for rapid adaptation of electronic notarial act systems in order to avoid, as much as possible, performing acts in person. In this context,...

In Rio de Janeiro the deadline for payment of the balance of the Urban Property Tax (IPTU) and the Home Garbage Collection Tax (TCL) for the year 2020 ends on June 5, with no increase for arrears and with a 20% discount. The incentive was granted...

Real Estate

Unconstitutionality of the collection of associative fee in closed allotments prior to Law 13.465/17 and whose owner is not associated

Co-owner may not oppose auction of real property due to attachment of debtor party, decides STJ

Municipality of Rio de Janeiro establishes new conditions for property owners to submit Annual Register Data Statement (DeCAD)

Surface rights and assignment of use as alternative structures to deal with restrictions on the acquisition of rural properties by foreigners in Brazil

Rio de Janeiro simplifies construction licensing process and promises to be the best capital city for civil construction in Brazil

Recognition of the possibility of cancellation of donation of property made by a relatively incapacitated person not yet banned

Cetesb concludes out-of-court agreement with sugar and alcohol sector

A lease is valid even if the contract has not been executed by all co-owners of the property

Exemption from urban licensing under the Economic Freedom Law

New ancillary tax obligation for urban property owners in the city of Rio de Janeiro

Precedent of the STJ regarding percentage retained in termination of real estate development units

Aspects of real estate sales by private initiative in legal proceedings

Renewal of rent and the term for the new contract

Legal improvement of procedures for the sale of Federal Government property to private parties

Law regulates low economic risk activities for exemption from public act of release in Rio de Janeiro

Can FIIs be listed as developers and subdividers of real estate developments?

MP 992 allows for fiduciary sale of real estate as collateral for financing transactions

Private contracts relations in the real estate market during the pandemic: approval of Bill 1,179 with vetoes

CNJ regulates electronic notarial acts

Rio de Janeiro City Government grants benefits to settle IPTU debts

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