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Real Estate
Expropriation of rural property: economic use as a requirement for compensation for expropriation of environmental protection areas
Roberta Danelon Leonhardt, Ivana Coelho Bomfim, Juan Danniel Torres Y. R. Braga, and Mariana Rodrigues da Silva In expropriation actions brought by the public authorities for the expropriation of rural properties that have vegetation coverage...
Charging ITBI on future construction carried out by purchaser
When transferring real estate in which purchasers have plans to develop future constructions, such as land sold for the construction of buildings, it is common for city governments to calculate the value of the Property Transfer Tax (ITBI)...
Regulation of the drawing up of public deeds by electronic means in São Paulo
In order to guarantee the maintenance of essential services during the period of social distancing imposed in response to the covid-19 pandemic, the São Paulo State Department of Justice approved, on April 28th, CG Ordinance No. 12/20, which...
The emergency and transitional legal framework for private law legal relationships and commercial contracts
On March 30, the acting presiding officer of the Senate, Antonio Anastasia, proposed Bill No. 1179/20, which creates the Emergency and Transitional Legal Framework for Private Law Relations (RJET) for the period of the covid-19 pandemic. The bill...
Covid-19: impacts of PL 1,179/20 on the real estate market
On April 3, the Senate voted and approved Bill No. 1,179/20 (PL 1,179/20), with the purpose of establishing rules, of an emergency and transitory nature, applicable to private law relations during the period of public calamity caused by the...
Operation of notary publics and real estate registry offices in the face of the covid-19 pandemic
The State Court Judicial Review Boards are issuing guidelines for the provision of extrajudicial services, notary publics, and registry offices due to the covid-19 pandemic. This movement stems from Recommendation No. 45, issued by the...
Calculation of the ITBI for real estate acquired at judicial auction
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...
2020: good expectations for the real estate market
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...
Loosening of procedures for regularization of rural property based on MP 910
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...
Main changes proposed in the Zoning Law of the Municipality of São Paulo
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...
Discussion on the execution and creation of new real estate guarantees by closed-ended private pension entities after CMN Resolution 4,661/18
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...
The new Amnesty Law and the possibility of regularization of buildings in the capital of São Paulo
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...
New bill proposes regulations on the acquisition of rural property by foreigners
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...
World market explores rooftops of buildings and Brazil has a compatible legal instrument
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...
Consent of abutting landowners in the geo-referencing process of rural properties now waived
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...
Recognition of the constitutionality of the right of filing
Signed on March 23, 2016, Law No. 16,402/16 governs the subdivision, use, and occupation of land in the municipality of São Paulo (Zoning Law). In relation to the previous law, it has brought in a series of changes, such as the establishment...
Multi-ownership Real Property Law Passed
Brazil already has rules to regulate the legal regime of multi-ownership and registration of real properties. It is Law No. 13,777/2018, which amended and introduced new provisions in the Civil Code and in the Public Registers Law. Published in the...
Right of filing for projects in the city of São Paulo maintained
In a decision on September 19, the São Paulo Court of Appeals (TJ-SP) maintained the repeal of an injunction that had suspended the right of filing in the city. The licensing processes of projects registered with the Municipal Government (PM-SP)...
New rules for condo-hotels
CVM Instruction No. 602, published on August 27, sets forth rules regarding public offerings of hotel collective investment contracts (CICs), the so-called condo-hotels. It repealed CVM Resolution No. 734/2015 (as amended by CVM Resolution No....
Decision by the TJ/SP is favorable to the sale of rural property by a Brazilian financial institution equivalent to a foreign entity in a foreclosure action
The Court of Appeals of São Paulo decided in favor of the sale of rural property mortgaged in favor of a Brazilian financial institution equated to a foreign entity, despite the current restrictions on the acquisition and leasing of rural...
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