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Tool Urban Planning Law FREE

Reurb-S or Reurb-E? Find out in 4 questions.

Reurb (Law 13.465/2017) has two modalities with very different rules on fees, deadlines, and obligations. This tool indicates which one applies to your case.

Legal basis
Law 13.465/2017
Regulation
Decree 9.310/2018
Time to use
~2 minutes
answer

About the settlement to be regularized

Four short questions. The answers combine the social criterion (income and declaration of interest) with the risk criterion. No data is sent to servers: everything is processed in the browser.

Question 01 / 04 Is there an act of the municipal Executive declaring the settlement as of social interest? The formal declaration is what, in practice, separates Reurb-S from Reurb-E.
Question 02 / 04 Does the majority of families in the settlement have an average family income of up to 5 minimum wages? Usual criterion for social classification, in accordance with municipal regulation.
Question 03 / 04 Is the settlement consolidated before December 22, 2016? Temporal cut-off for Reurb (article 9, §2 of Law 13.465).
Question 04 / 04 Is the settlement in a mapped risk area (CPRM, Civil Defense)? Mapped risk triggers a mandatory technical study, articles 39 to 42 of Law 13.465.
comparison

Reurb-S vs Reurb-E

The two modalities share the procedure, but they change who pays, who initiates, and which titling instrument will be prioritized. The main points:

Aspect Reurb-S Reurb-E
Target population Settlements with a low-income population so declared Other settlements
Legal basis Article 13, I of Law 13.465 Article 13, II of Law 13.465
Fees and registry charges Full exemption on registration Costs borne by beneficiaries or developer
Initiative Usually the municipality Municipality, beneficiaries, or other legitimate parties
Instruments Land legitimization preferred Land legitimization, sale, donation
Risk areas Technical study + mitigation or relocation Same rule
Implementing decree Decree 9.310/2018 Decree 9.310/2018
critical rule

When the settlement is in a risk area

Articles 39 to 42 of Law 13.465, combined with article 30, III, require every Reurb installed in an area of geotechnical, environmental, or flood risk to be preceded by a technical study assessing the feasibility of regularization. The study is a mandatory part of the land regularization project and does not replace environmental licensing where applicable.

If the risk is mitigable, Reurb proceeds together with the containment works and measures provided. If the risk is non-mitigable, the law provides for the relocation of the occupants to another area, with the public authority taking responsibility for the new destination. There is no shortcut: the risk stage precedes titling and, in many cases, redefines the design of the regularized settlement.

step by step

From initiative to CRF

Regardless of the modality, Reurb goes through the same six stages. What changes is who initiates, who pays, and which instrument will be used for titling.

  1. Request The legitimate parties (municipality, beneficiaries, owners, subdivider) submit the request to the municipality with the minimum documentation of the settlement.
  2. Classification of the modality The municipality analyzes the information and classifies the case as Reurb-S or Reurb-E. For Reurb-S, an Executive act declaring the social interest is required.
  3. Regularization project Preparation of the urbanistic project, the descriptive memorial, and the works schedule, including the technical risk study when applicable.
  4. Municipal review The municipality examines the project, hears environmental and sectoral bodies, and may request adjustments. This is the stage when the final design of the settlement is set.
  5. Decision and issuance of the CRF The municipality issues the Land Regularization Certificate (CRF), the document that gathers the elements of the approved project and the list of beneficiaries.
  6. Registration at the registry Submission of the CRF to the competent Real Estate Registry to open property records, register titling acts, and, for Reurb-S, with exemption from fees.
limitations

What this simulator does not do

This simulator is a guidance tool. It combines the most common criteria to distinguish Reurb-S from Reurb-E, but the final decision always passes through the technical analysis of the municipality, the act of the Executive when applicable, and the registration at the competent real estate registry. Settlements with hybrid situations, de facto condominiums, areas with multiple owners, occupations on federal land, or in environmental protection areas require case-by-case review.

For complex cases, large areas, settlements in risk areas, or processes with multiple possible modalities, specialized legal and technical assistance is strongly recommended. Arsenic can act in the diagnosis of the settlement, in the regularization project, and in dialogue with the municipality and the registry, integrating urbanism, law, and topography in a single team.

legal basis

The three statutes that underpin this tool.