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Can you subdivide this land on the serra?

Ten questions that cross-reference Law 6,766/79, the Forest Code, Reurb, and risk mapping. At the end, an overall feasibility traffic light and a report with the points that require deeper technical investigation.

answer

10 questions to assess the land.

Question 01 of 10

Is the average slope of the land less than 30%?

Yes No Don't know

Question 02 of 10

Is the land free of marshy areas or areas subject to flooding?

Yes No Don't know

Question 03 of 10

Have the watercourses that cross or border the land been identified and mapped?

Yes No Don't know

Question 04 of 10

Have the Permanent Preservation Area (APP) buffers been respected according to the width of the rivers?

Yes No Don't know

Question 05 of 10

Is the land outside areas mapped as geological risk (CPRM, INEA)?

Yes No Don't know

Question 06 of 10

Does the municipality have a current Master Plan (reviewed in the last 10 years)?

Yes No Don't know

Question 07 of 10

Does the municipal zoning allow the intended use for this perimeter?

Yes No Don't know

Question 08 of 10

Is there officially recognized road access to the land?

Yes No Don't know

Question 09 of 10

Is basic infrastructure available or planned (water, sewage, power, drainage)?

Yes No Don't know

Question 10 of 10

Is the land NOT in a ZEIS or in a pending land regularization area?

Yes No Don't know

The result appears here after you answer the 10 questions.

transparency

Legal basis for each item.

Slope less than 30%. Law 6,766/79, art. 3, forbids subdivision of land with slope equal to or greater than 30% unless specific requirements set by the competent authorities are met.

Marshy areas. Law 6,766/79, art. 3, prohibits subdivision of marshy lands and lands subject to flooding before measures are taken to ensure water runoff.

Mapped watercourses. The Forest Code, art. 4, defines marginal buffers along any watercourse as Permanent Preservation Area, requiring prior identification.

APP buffer respected. The minimum APP buffer width varies with the width of the watercourse (from 30 to 500 meters). The Forest Code, art. 4, combined with STJ Theme 1,010, sets this parameter for urban subdivision.

Geological risk avoided. Law 12,608/2012 (National Civil Protection and Defense Policy) forbids granting a license or permit for subdivision in risk areas identified by CPRM, INEA, or a municipal geotechnical chart.

Current Master Plan. The City Statute, art. 40, requires a Master Plan review every 10 years. An outdated plan legally weakens the approval of the subdivision.

Compatible zoning. The municipal Master Plan and the Land Use and Occupation Law define use perimeters. The subdivision must fall in a zone that admits the intended use (residential, mixed, tourist).

Official road access. Law 6,766/79, art. 4, II, requires that lots have frontage on an officially recognized public road. A right of way does not replace an official road.

Basic infrastructure. Law 6,766/79, art. 2, §5, requires stormwater drainage, public lighting, sewage, drinking water supply, electricity, and circulation roads as minimum infrastructure.

Outside Reurb. Law 13,465/2017 created the Reurb (Urban Land Regularization). A tract in ZEIS or in a pending regularization process follows a different procedure from ordinary subdivision.

what this checklist does not do

Limitations.

This checklist is indicative. It points to the items to investigate before contracting a subdivision project. Confirming each item requires a cadastral planialtimetric topographic survey, a full title certificate, a technical opinion from the municipality, and, in the serra region, a geotechnical study signed by a qualified engineer.

A positive result on the checklist does not replace municipal technical approval, environmental licensing, INEA or IAP consent, registration at the real estate registry, or compliance with the other requirements of Law 6,766/79. In the serra zone, always include geotechnics: geological risk is the leading source of construction stoppages and of civil and criminal liability for the developer.

consult in the library

Legal basis.

Law 6,766/79 Law 12,651/2012 Law 13,465/2017 Law 12,608/2012 Law 10,257/2001

Can you subdivide this land on the serra?

10 questions to assess the land.

Legal basis for each item.

Limitations.

Cited in these Journal articles.

Legal basis.