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Tool Urban Planning Law FREE

Charge for Additional Building Rights (OODC).

In municipalities whose Master Plan provides for the OODC, it is possible to build above the basic Floor Area Ratio (FAR) by paying a counterpart contribution to Fundurb. The tool calculates the counterpart using the São Paulo formula (Law 16.050/2014).

calculate

Land and project data.

A.t · total area of the parcel
Vm² · tax-assessed or market value
what can be built without charge
what you want to build
ceiling set by the zone
varies by urban zone
varies by use and category
fill in the fields above and click calculate
formula

How the counterpart is calculated.

Counterpart = (Aac × Vm²) × Fp × Fs
Aac = At × (CAp − CAb) · additional buildable area
At · land area (m²)
Vm² · land value per square meter
Fp · planning factor (0.3 to 1.0)
Fs · social factor (0 to 1.5)

The formula comes from article 117 of Law 16.050 of July 31, 2014, the Strategic Master Plan of the Municipality of São Paulo. It isolates three magnitudes: how much more you want to build, how much the ground is worth, and two political factors that the municipality adjusts to induce the kind of city it wants.

The Planning Factor is the instrument the municipality uses to pull density toward where it wants it. In zones near structured transit and well served by infrastructure, the Fp falls, the charge becomes cheaper, and going vertical becomes attractive. In zones the municipality wants to preserve or de-densify, the Fp rises, and the cost of adding square meters discourages the project.

The Social Factor operates at the other end. It reduces the cost of the OODC for uses the municipality wants to see more of: Social Interest Housing (HIS), Popular Market Housing (HMP), public facilities. High-end commercial developments tend to the top of the scale. Each municipality that adopts the OODC adapts both factors in its own law.

allocation

How the municipality uses the counterpart.

Article 31 of Law 10.257/2001 (City Statute) determines that OODC revenues be applied to the purposes set out in article 26 of the same law. In São Paulo, the money goes to Fundurb.

  • Land regularization. Funding for Reurb-S and Reurb-E proceedings in consolidated settlements.
  • Social interest housing. Implementation of housing programs and projects for the low-income population.
  • Urban and community facilities. Construction of schools, health clinics, daycare centers, cultural centers.
  • Green areas and public leisure spaces. Creation, maintenance, and upgrading of squares, parks, and ecological corridors.
  • Historic, cultural, and environmental heritage. Protection, restoration, and management of listed properties and conservation units.
  • Land reserve. Acquisition of properties for the public stock for future urban and housing policies.
limitations

Where this tool stops.

The tool calculates using the standard São Paulo formula. The City Statute, in articles 28 to 31, authorizes the OODC, but it leaves to the Master Plan of each municipality the task of defining the formula, the coefficients, the factors, and the allocation of the revenue. Every city that adopts the instrument designs its own calculation.

Curitiba calculates by transferable development rights according to the Special Sector. Porto Alegre uses the Created Soil regime of Complementary Law 434/1999, with tables of activity regime and height. Recife regulates by Law 17.511/2008 with its own factors. Belo Horizonte adopts another equation in its 2019 Master Plan. Adapting the result of this calculator to another city requires replacing the factors, and sometimes the entire formula, with those of the municipal law in force.

In Petrópolis, the OODC is provided for in the Master Plan, but it still lacks full regulatory implementation that would allow routine application as in São Paulo. The calculation below is didactic and illustrative. Before using any estimate in real feasibility analysis, consult the Master Plan of the project's municipality and the specific law that regulates the OODC in that territory.

applied reading

Referenced in these Journal articles.