Decree 9,310, of March 15, 2018.

THE PRESIDENT OF THE REPUBLIC, in exercise of the powers conferred on him by Art. 84, caput, items IV and VI, item "a", of the Constitution, and in view of the provisions of Law 13,465, of July 11, 2017, and of Arts. 37, 38, 39 and 40, caput and §§ 1 to 4, 41, 42, 44 and 47 to 52 of Law 6,766, of December 19, 1979,

DECREES:

TITLE I URBAN LAND REGULARIZATION

Chapter I General Provisions

Art. 1º

The general rules and procedures applicable to Urban Land Regularization (Reurb) are hereby established, which encompass the legal, urbanistic, environmental and social measures intended for the incorporation of informal urban settlements into urban territorial planning and for the granting of title to their occupants.

§ 1º The Public Authorities shall formulate and develop, in urban space, the policies under their jurisdiction in accordance with the principles of economic, social and environmental sustainability and territorial planning, in order to seek efficient land occupation and to combine its use functionally.

§ 2º Reurb promoted through Land Legitimization may only be applied to informal urban settlements demonstrably existing on December 22, 2016, pursuant to Law 13,465, of July 11, 2017, and to this Decree.

Art. 2º

The objectives of Reurb, to be observed by the Federal Union, the States, the Federal District and the Municipalities, are:

1. to identify the informal urban settlements to be regularized, organize them and ensure the provision of public services to their occupants, in order to improve urban and environmental conditions compared with the previous informal occupation;
2. to create real estate units compatible with urban territorial planning and to constitute on them real rights in favor of their occupants;
3. to broaden access to urbanized land for the low-income population, in order to prioritize the permanence of occupants in the regularized informal urban settlements themselves;
4. to promote social integration and the generation of employment and income;
5. to encourage out-of-court conflict resolution, in support of consensus and cooperation between State and society;
6. to guarantee the social right to dignified housing and adequate living conditions;
7. to guarantee the effective social function of property;
8. to order the full development of the social functions of the city and to guarantee the wellbeing of its inhabitants;
9. to realize the constitutional principle of efficiency in the occupation and use of land;
10. to prevent and discourage the formation of new informal urban settlements;
11. to grant real rights, preferentially in the woman's name; and
12. to facilitate the participation of interested parties in the stages of the land regularization process.

Art. 3º

For the purposes of Law 13,465, of 2017, and this Decree, the following definitions apply:

1. urban settlement: human settlement, with urban use and characteristics, consisting of real estate units with area below the minimum subdivision fraction established in Art. 8 of Law 5,868, of December 12, 1972, regardless of land ownership, even if located in an area classified or registered as rural;
2. informal urban settlement: one that is clandestine, irregular or in which it has not been possible to grant title to its occupants, even if the legislation in force at the time of its implementation or regularization was met;
3. consolidated informal urban settlement: one whose reversal is difficult, considering the time of occupation, the nature of the buildings, the location of circulation routes and the presence of public equipment, among other circumstances to be evaluated by the Municipality or the Federal District;
4. urban demarcation: procedure intended to identify the public and private real estate covered by the informal urban settlement and to obtain the consent of the holders of rights registered in the property records of the occupied parcels, in order to allow the annotation in those records of the viability of land regularization, to be promoted at the discretion of the Municipality or the Federal District;
5. Land Regularization Certificate (CRF): document issued by the Municipality or the Federal District at the conclusion of the Reurb procedure, consisting of the approved land regularization project, the commitment statement regarding its execution and, in the case of Land Legitimization and possession legitimization, the list of occupants of the regularized informal urban settlement, their due qualification and the real rights granted to them;
6. possession legitimization: act of the Public Authority intended to grant title, by means of which possession of real estate subject to Reurb is recognized, convertible into the acquisition of the real right of ownership in the form established in Law 13,465, of 2017, and this Decree, and which includes the identification of its occupants, the time of occupation and the nature of the possession;
7. Land Legitimization: mechanism for the recognition of the original acquisition of the real right of ownership over a real estate unit subject to Reurb; and
8. occupant: one who maintains de facto power over the lot or the ideal fraction of public or private real estate in informal urban settlements.

§ 1º For the purposes of Reurb, the Municipalities and the Federal District may waive the requirements relating to the percentage and dimensions of areas intended for public use, the size of regularized lots or other urbanistic and building parameters.

§ 2º The commitment statement referred to in item V of the caput shall contain the physical schedule for the execution of works and services and the implementation of essential infrastructure and may provide for urbanistic and environmental offsets, when necessary.

§ 3º Where an informal urban settlement is found to be located, in whole or in part, in a permanent preservation area or in a sustainable use conservation unit or water source protection area defined by the Federal Union, the States, the Federal District or the Municipalities, Reurb shall also observe Arts. 64 and 65 of Law 12,651, of May 25, 2012, and the preparation of a technical study shall be mandatory, demonstrating that the land regularization interventions imply an improvement of environmental conditions compared with the previous informal occupation through the adoption of the measures prescribed therein, including by means of environmental offsets, when necessary.

§ 4º The approval of the land regularization project of the informal urban settlement referred to in § 3 is the responsibility of the Municipalities and the Federal District.

§ 5º Where an informal urban settlement is found to be located, in whole or in part, in a sustainable use conservation unit which, pursuant to Law 9,985, of July 18, 2000, allows regularization, the consent of the conservation unit management agency shall be required, provided that a technical study demonstrates that these land regularization interventions imply an improvement of environmental conditions compared with the previous informal occupation; the management agency of the sustainable use conservation unit must respond, for Reurb purposes, within ninety days from the date of filing of the request.

§ 6º If the consent referred to in § 5 is refused by the unit management agency, it shall issue a technically and legally grounded opinion justifying the denial of the Reurb.

§ 7º In Reurb of informal urban settlements located along artificial water reservoirs intended for power generation or public supply, the permanent preservation area strip shall consist of the distance between the normal maximum operating level and the maximum maximorum elevation.

§ 8º Reurb is not allowed in informal urban settlements located in areas indispensable to national security or of defense interest, as recognized in an act of the President of the Republic.

§ 9º Reurb is allowed in informal urban settlements located in the border strip established in Law 6,634, of May 2, 1979, except in the hypothesis referred to in § 8.

§ 10. For the purposes of this Decree, areas considered indispensable to national security are the locations and their surroundings where the President and the Vice President of the Republic officially work or reside during the presidential term, and the critical infrastructures whose installations, services and assets, if interrupted or destroyed, will cause serious impacts to society and the State.

§ 11. The critical infrastructures whose installations, services and assets, if interrupted or destroyed, will cause serious impacts to society and the State, shall be defined in an act of the President of the Republic, in consultation with the Institutional Security Cabinet of the Presidency of the Republic.

§ 12. The provisions of § 10 apply to the installations, and their surroundings, used permanently or otherwise by the President and the Vice President of the Republic, as indicated in an act of the Minister Head of the Institutional Security Cabinet of the Presidency of the Republic.

§ 13. The provisions of Law 13,465, of 2017, and of this Decree apply to real estate located in rural areas, provided that the real estate unit has an area below the minimum subdivision fraction established in Art. 8 of Law 5,868, of 1972.

§ 14. After the Reurb of informal urban settlements located in areas classified as rural, the Municipalities and the Federal District may register the new real estate units for the purpose of levying municipal and district taxes.

Art. 4º

The municipal and district approval of Reurb referred to in § 4 of Art. 3 corresponds to the urbanistic approval of the land regularization project and to the environmental approval, if the Municipality has a qualified environmental agency.

§ 1º The environmental approval referred to in the caput corresponds to the approval of the environmental technical study referred to in item VIII of the caput of Art. 30.

§ 2º A qualified environmental agency means the municipal agency that has, in its staff or at its disposal, professionals with the technical competence to analyze and approve the studies referred to in Art. 3, regardless of any agreement with the States or with the Federal Union.

§ 3º Environmental approval may be carried out by the States, where the Municipality does not have a qualified environmental agency.

§ 4º The environmental technical study shall be required only for the portions of informal urban settlements located in permanent preservation areas, sustainable use conservation units or water source protection areas, and may be carried out in phases or stages; the part of the informal urban settlement not affected by the study may have its land regularization project approved and registered separately.

§ 5º In Social Interest Reurb (Reurb-S), where there is an environmental technical study, it shall demonstrate that the land regularization interventions imply an improvement of environmental conditions compared with the previous informal occupation through the adoption of the prescribed measures, and shall contain, at a minimum, the following elements provided in Art. 64 of Law 12,651, of 2012:

1. characterization of the environmental situation of the area to be regularized;
2. specification of the basic sanitation systems;
3. proposal of interventions for the prevention and control of geotechnical and flood risks;
4. restoration of degraded areas and those not subject to regularization;
5. demonstration of the improvement of urban-environmental sustainability conditions, considering the adequate use of water resources, the non-occupation of risk areas and the protection of conservation units and their buffer zones, where applicable;
6. demonstration of the improvement of urban-environmental sustainability conditions, considering the adequate use of water resources, the non-occupation of risk areas and the protection of conservation units, where applicable; (Wording given by Decree 9,597, of 2018)
7. demonstration of the improvement in the habitability of residents provided by the proposed regularization; and
8. demonstration of the guarantee of free and unrestricted access by the population to beaches and bodies of water, where applicable.

§ 6º In Specific Interest Reurb (Reurb-E), where there is an environmental technical study, it shall demonstrate that the land regularization interventions imply an improvement of environmental conditions compared with the previous informal occupation through the adoption of the prescribed measures, and shall contain, at a minimum, the following elements provided in Art. 65 of Law 12,651, of 2012:

1. physical-environmental, social, cultural and economic characterization of the area;
2. identification of environmental resources, environmental liabilities and fragilities, and the restrictions and potential of the area;
3. specification and evaluation of the urban infrastructure and basic sanitation systems in place, in addition to other public services and equipment;
4. identification of conservation units, their buffer zones, and water source protection areas in the direct area of influence of the occupation, whether surface or underground waters;
5. identification of conservation units and water source protection areas in the direct area of influence of the occupation, whether surface or underground; (Wording given by Decree 9,597, of 2018)
6. specification of the consolidated occupation existing in the area;
7. identification of areas considered at risk of flooding and rock mass movements, such as landslides, falls and rolling blocks, mudslides and others defined as geotechnical risk;
8. indication of strips or areas where the typical characteristics of permanent preservation area shall be safeguarded, with a proposal for the recovery of degraded areas and those not subject to regularization;
9. assessment of environmental risks;
10. demonstration of the improvement of urban-environmental sustainability and habitability conditions for residents resulting from regularization; and
11. demonstration of the guarantee of free and unrestricted access by the population to beaches and bodies of water, where applicable.

§ 7º For purposes of the environmental regularization provided in this paragraph, along rivers or any watercourse, a non-buildable strip shall be maintained with a minimum width of fifteen meters on each side.

§ 7º For purposes of the environmental regularization provided in § 6, along rivers or any watercourse, a non-buildable strip shall be maintained with a minimum width of fifteen meters on each side. (Wording given by Decree 9,597, of 2018)

§ 8º In urban areas listed as historical and cultural heritage, the non-buildable strip referred to in the previous item may be redefined to meet the parameters of the listing act.

§ 9º The studies referred to in this article shall be prepared by a legally qualified professional and shall be compatible with the land regularization project and contain, as the case may be, the elements set forth in Arts. 64 or 65 of Law 12,651, of May 25, 2012.

Art. 5º

Reurb comprises two modalities:

1. Reurb-S: land regularization applicable to informal urban settlements predominantly occupied by low-income population, as declared in an act of the municipal or district Public Authority; and
2. Reurb-E: land regularization applicable to informal urban settlements occupied by population not qualified under item I.

§ 1º Registry acts related to Reurb-S shall be exempt from court costs and registry fees, among others, as provided in Chapter V.

§ 2º The registration of the acts referred to in § 1 is independent of proof of payment of taxes or tax penalties.

§ 3º The provisions of §§ 1 and 2 also apply to Reurb-S whose object is housing complexes or social interest condominiums built by the Public Authority, directly or through the indirect public administration, which had already been implemented by December 22, 2016.

§ 4º In the same informal urban settlement, the two modalities of Reurb may coexist, provided that the part predominantly occupied by low-income population is regularized through Reurb-S and the remainder of the settlement through Reurb-E.

§ 4º In the same informal urban settlement, the two modalities of Reurb may coexist, provided that the part predominantly occupied by low-income population is regularized through Reurb-S and the remainder of the settlement through Reurb-E. (Wording given by Decree 9,597, of 2018)

§ 5º In Reurb, Municipalities may allow mixed use of activities as a way to promote social integration and the generation of employment and income in the regularized informal urban settlement.

§ 5º In Reurb, Municipalities and the Federal District may allow mixed use of activities as a way to promote social integration and the generation of employment and income in the regularized informal urban settlement. (Wording given by Decree 9,597, of 2018)

§ 6º The land regularization of informal urban settlements consisting of non-residential real estate units may be carried out through Reurb-E.

§ 7º The classification of the modality of Reurb of residential or non-residential real estate units forming part of informal urban settlements may be made, at the discretion of the Municipality or the Federal District, or, as the case may be, of the States and the Federal Union, in whole, in parts or in isolation by real estate unit.

§ 8º The classification of the modality is intended exclusively to identify those responsible for the implementation or adaptation of the essential infrastructure works and to recognize the right to free notarial and registry costs and fees in favor of those to whom ownership of the regularized real estate units is attributed.

§ 9º Registry offices that fail to comply with the provisions of this article, that delay or fail to perform registration in accordance with the rules of this Decree, by an unjustified act, shall be subject to the sanctions provided in Art. 44 of Law 11,977, of 2009, observing the provisions of §§ 3-A and 3-B of Art. 30 of Law 6,015, of December 31, 1973.

§ 10. From the availability of equipment and infrastructure for the provision of public services of water supply, sewage collection, electric power distribution, or other public services, the beneficiaries of Reurb are required to connect the building they occupy to the water, sewage collection or electric power distribution network and to take other measures necessary for the use of the service, except where there is a provision to the contrary in municipal or district legislation.

Art. 6º

For the classification of Reurb in the Reurb-S modality, the composition or family income bracket for defining low-income population may be established in an act of the municipal or district Public Authority, considering the local and regional peculiarities of each federative entity.

Sole paragraph. The family income provided in the caput may not exceed five times the minimum wage in force in the country.

Art. 7º

The following may request the initiation of Reurb:

1. the Federal Union, the States, the Federal District and the Municipalities, directly or through entities of the indirect public administration;
2. their beneficiaries, individually or collectively, directly or through housing cooperatives, residents' associations, foundations, social organizations, civil society organizations of public interest or other civil associations whose purpose is to act in the areas of urban development or urban land regularization;
3. the owners of the real estate or the land, the subdividers or the developers;
4. the Public Defender's Office, on behalf of beneficiaries of insufficient means; and
5. the Public Prosecutor's Office.

§ 1º The legitimate parties may carry out the acts necessary for land regularization, including requesting the registry acts.

§ 2º In the hypotheses of land subdivision, housing complex or informal condominium, undertaken by a private party, the conclusion of Reurb grants the right of recourse to those who bear its costs and obligations against the legitimate parties responsible for the implementation of the informal urban settlements.

§ 2º In the hypotheses of land subdivision, housing complex or informal condominium, undertaken by a private party, the conclusion of Reurb grants the right of recourse to those who bear its costs and obligations against the parties responsible for the implementation of the informal urban settlements. (Wording given by Decree 9,597, of 2018)

§ 3º The request for initiation of Reurb by landowners, subdividers or developers who caused the formation of informal urban settlements, or by their successors, shall not exempt them from administrative, civil or criminal liability.

Chapter II Instruments of Urban Land Regularization

Section I · General provisions

Art. 8º

The following legal institutes may be employed in the context of Reurb, without prejudice to others considered appropriate:

1. Land Legitimization and possession legitimization, pursuant to Law 13,465, of 2017, and this Decree;
2. adverse possession, pursuant to Arts. 1,238 to 1,244 of Law 10,406, of January 10, 2002, the Civil Code, Arts. 9 to 14 of Law 10,257, of July 10, 2001, and Art. 216-A of Law 6,015, of 1973;
3. expropriation in favor of the possessors, pursuant to §§ 4 and 5 of Art. 1,228 of Law 10,406, of 2002, the Civil Code;
4. the collection of vacant property, pursuant to Art. 1,276 of Law 10,406, of 2002, the Civil Code;
5. the real estate consortium, pursuant to Art. 46 of Law 10,257, of 2001;
6. expropriation for social interest, pursuant to item IV of the caput of Art. 2 of Law 4,132, of September 10, 1962;
7. the right of first refusal, pursuant to item I of the caput of Art. 26 of Law 10,257, of 2001;
8. the transfer of building rights, pursuant to item III of the caput of Art. 35 of Law 10,257, of 2001;
9. requisition, in case of imminent public danger, pursuant to § 3 of Art. 1,228 of Law 10,406, of 2002, the Civil Code;
10. the intervention of the Public Authority in clandestine or irregular land subdivision, pursuant to Art. 40 of Law 6,766, of December 19, 1979;
11. the disposal of real estate by the public administration directly to its holder, pursuant to item "f" of item I of the caput of Art. 17 of Law 8,666, of June 21, 1993;
12. the special use concession for housing purposes;
13. the concession of real right of use;
14. donation;
15. purchase and sale;
16. the lot condominium referred to in Chapter VII;
17. the controlled-access subdivision referred to in Art. 78 of Law 13,465, of 2017; and
18. the simple urban condominium referred to in Chapter IX.

Sole paragraph. In Reurb, more than one of the instruments provided in this article may be used.

Art. 9º

In Reurb-E, promoted over public property, if there is a consensual solution, the acquisition of real rights by the private party shall be conditional on the payment of the fair value of the regularized real estate unit, to be determined in the form established by an act of the Public Authority holding ownership; the value of accessions and improvements made by the occupant and the appreciation arising from the implementation of those accessions and improvements shall not be considered.

Sole paragraph. Areas owned by the Public Authority registered at the Real Estate Registry that are subject to a court action concerning their ownership may be subject to Reurb-E, provided that a judicial or extrajudicial agreement is reached, in the form established in Law 13,465, of 2017, and this Decree, and approved by the judge.

Art. 10

In Reurb-S, promoted over public property, the registration of the land regularization project and the constitution of real right in the names of the beneficiaries may be carried out in a single act, at the discretion of the promoting Public Authority.

§ 1º In the hypothesis referred to in the caput, the instrument indicating the constituted real right, the list of occupants who will benefit from Reurb and their qualifications, with indication of their units, shall be forwarded to the Real Estate Registry, without the need to present an individualized registry title or copies of the documentation regarding the qualification of each beneficiary.

§ 2º The qualification of beneficiaries referred to in § 1 shall consist of:

1. full name;
2. marital status; and
3. number of registration in the Individual Taxpayer Registry (CPF).

§ 3º There may be more than one document indicating the constituted real right in an informal urban settlement; the Public Authority holding ownership shall indicate which real right each beneficiary is entitled to.

§ 4º The procedure provided in this article may be applied in whole or in part to the informal urban settlement, and the units that do not fall under this article may be titled individually.

§ 5º The list of occupants and the instrument indicating the constituted real right, provided in § 1, may be forwarded to the Real Estate Registry at a time after the registration of the CRF.

§ 6º In Reurb-S promoted by the Federal Union, the States or the Federal District in areas of their property, it shall be incumbent on them to define the instrument indicating the constituted real right and the list of occupants to be benefited, which may be forwarded to the Real Estate Registry together with the CRF or at a later time, as provided in § 5.

Art. 11

The Municipalities and the Federal District may establish, as an urban planning instrument, Special Zones of Social Interest (ZEIS), within the scope of their territorial planning policy.

§ 1º For purposes of Law 13,465, of 2017, and this Decree, ZEIS means a portion of urban area established by the master plan or by another municipal or district law, predominantly intended for low-income population and subject to specific rules for subdivision, use and occupation of land.

§ 2º Reurb shall not be conditional on the existence of ZEIS.

Section II · Urban demarcation

Art. 12

The Public Authority may use the urban demarcation procedure, based on the survey of the area to be regularized and on the characterization of the informal urban settlement.

§ 1º The urban demarcation report shall be supported by the following documents:

1. plan and descriptive memorandum of the area to be regularized, which shall contain:

1. perimeter measurements;
2. total area;
3. abutters;
4. georeferenced coordinates of the vertices defining its boundaries;
5. numbers of the affected property records or transcriptions;
6. indication of identified owners; and
7. occurrences of private ownership situations with unidentified owners due to imprecise descriptions in prior records; and

1. overlay plan of the demarcated real estate with the situation of the area on the real estate record.

§ 2º The urban demarcation report may cover part or all of one or more real estate parcels falling under one or more of the following hypotheses:

1. private ownership with unidentified owners, due to imprecise descriptions in prior records;
2. private ownership registered at the competent Real Estate Registry, even if of different owners; or
3. public ownership.

§ 3º The urban demarcation procedure is not a condition for the processing and effectiveness of Reurb.

Art. 13

The Public Authority shall notify the owners and abutters of the demarcated area, personally or by postal mail with acknowledgment of receipt, at the address listed in the property record, so that they may, if they wish, file an objection to the urban demarcation within a common term of thirty days.

§ 1º Owners or abutters not identified, not found or who refuse postal notification shall be notified by edict, to file an objection to the urban demarcation within a common term of thirty days from the date of notification.

§ 2º The edict referred to in § 1 shall contain a summary of the urban demarcation report, with a description allowing identification of the area to be demarcated and a simplified drawing thereof.

§ 3º Absence of response from those indicated in this article shall be construed as consent to the urban demarcation.

§ 4º Where an objection is filed only with respect to part of the area covered by the urban demarcation report, the Public Authority may continue the procedure with respect to the non-objected portion.

§ 5º At the discretion of the municipal or district Public Authority, the measures referred to in Art. 12 may be carried out by the Real Estate Registry of the locality of the informal urban settlement to be regularized.

§ 6º The notification shall contain a warning that the absence of objection shall imply the loss of any right that the notified party may hold over the real estate subject to Reurb.

Art. 14

If an objection is filed, an out-of-court conflict resolution procedure may be adopted.

§ 1º If there is a pending judicial action to which the objecting party is a party concerning real or possessory rights related to the real estate covered by the urban demarcation, this party shall inform the Public Authority, which shall notify the court of the existence of the procedure referred to in the caput.

§ 2º To support the procedure referred to in the caput, a survey shall be made of any tax, environmental and administrative liabilities associated with the contested real estate, as well as of existing possessions, with a view to identifying cases of acquisitive prescription of ownership.

§ 3º Mediation shall observe the provisions of Law 13,140, of June 26, 2015; the Public Authority may amend the urban demarcation report or adopt any other measure that may remove the owner's or abutters' opposition to the regularization of the occupied area.

§ 4º Arbitration may be employed if no agreement is reached at the mediation stage.

Art. 15

Once the period elapses without objection or once opposition to the procedure is overcome, the urban demarcation report shall be forwarded to the Real Estate Registry and noted on the property records affected by it.

§ 1º The annotation shall inform:

1. the total area and the perimeter corresponding to the informal urban settlement to be regularized;
2. the property records affected by the urban demarcation report and, where possible, the area covered in each of them; and
3. the existence of areas whose origin has not been identified due to imprecision in prior records.

§ 2º Where the urban demarcation report affects real estate not yet registered prior to the annotation, a property record shall be opened reflecting the registered situation of the real estate, with the rectification of the descriptive memorandum and the determination of remaining area waived.

§ 3º Where there is a prior registration in another district, to open the property record referred to in § 2, the registrar shall request, ex officio, updated certificates of that registration.

§ 4º Where the urban demarcation covers real estate located in more than one real estate district, the registrar of the Real Estate Registry responsible for the procedure shall notify the other real estate districts involved for the annotation of the urban demarcation on the affected property records.

§ 5º The urban demarcation shall be annotated even if the area covered by the urban demarcation report exceeds the area available in prior records.

§ 6º For the annotation of the urban demarcation, the rectification of the area not covered by the urban demarcation report shall not be required, and the determination of remaining area shall be the responsibility of the owner of the affected real estate.

Section III · Land Legitimization

Art. 16

Land Legitimization constitutes an original form of acquisition of the real right of ownership, granted by act of the Public Authority, exclusively within the scope of Reurb, to one who holds in a public area or possesses in a private area, as their own, a real estate unit with urban purpose, forming part of an informal urban settlement demonstrably existing on December 22, 2016.

Art. 16

Land Legitimization constitutes an original form of acquisition of the real right of ownership granted by act of the Public Authority, exclusively within the scope of Reurb, to one who holds in a public area or possesses in a private area, as their own, a real estate unit with urban purpose, forming part of a consolidated informal urban settlement existing on December 22, 2016. (Wording given by Decree 9,597, of 2018)

§ 1º Only in Reurb-S shall Land Legitimization be granted to the beneficiary, provided the following conditions are met:

1. the beneficiary is not a concessionaire, leaseholder or owner of urban or rural real estate;
2. the beneficiary has not been granted possession or land legitimization of urban real estate for the same purpose, even if located in a different urban settlement; and
3. as regards non-residential urban real estate, the public interest of its occupation is recognized by the Public Authority.

§ 2º Through Land Legitimization, in any of the modalities of Reurb, the occupant acquires the real estate unit with urban purpose free and clear of any liens, real rights, encumbrances or registrations that may exist in its original property record, except where they concern the beneficiary itself.

§ 3º The registrations, unavailability orders and encumbrances existing in the record of the larger original area shall be transferred to the property records of the real estate units that have not been acquired by Land Legitimization.

§ 4º In Reurb-S of public real estate, the Federal Union, the States, the Federal District and the Municipalities and their related entities, when holders of ownership, are authorized to recognize the right of ownership to the occupants of the regularized informal urban settlement through Land Legitimization.

§ 5º In Land Legitimization, the Public Authority shall forward to the Real Estate Registry, for immediate registration of the acquisition of ownership, the CRF, without the need to present an individualized title and the copies of documentation regarding the qualification of the beneficiary, the approved land regularization project, the list of occupants and their due qualification and the identification of the areas they occupy.

§ 6º For purposes of § 5, the CRF shall be accompanied exclusively by the approved land regularization project, the list of occupants with their qualification, and the identification of the occupied areas.

§ 7º The Public Authority may attribute ownership acquired by Land Legitimization to occupants who were not on the initial list, through complementary registration, without prejudice to the rights of those who were on the initial list.

§ 8º The procedure provided in this article may be applied in whole or in part to the informal urban settlement, and the units not regularized through Land Legitimization may be regularized through another instrument provided by law.

Art. 17

In the cases of urban land regularization provided in Law 11,952, of 2009, the Municipalities and the Federal District may use Land Legitimization and the other instruments provided in Law 13,465, of 2017, to grant ownership to the occupants.

Sole paragraph. In the hypothesis referred to in the caput, the responsible municipal or district public agency shall promote Reurb in accordance with the terms established in Law 13,465, of 2017, and this Decree.

Section IV · Possession legitimization

Art. 18

Possession legitimization, an instrument used exclusively for land regularization, is an act of the Public Authority intended to grant title, by means of which possession of real estate subject to Reurb is recognized, with the identification of its occupants, the time of occupation and the nature of the possession, and which may be converted into a real right of ownership, in the form established in Law 13,465, of 2017, and this Decree. (Wording given by Decree 9,597, of 2018)

§ 1º Possession legitimization may be transferred by death or by inter vivos act.

§ 2º Possession legitimization does not apply to urban real estate located in areas owned by the Public Authority.

§ 3º The possessor may, for the purpose of counting the time required by specific legislation, add to their possession that of their predecessors, pursuant to Art. 1,243 of Law 10,406, of 2002, the Civil Code.

Art. 19

Without prejudice to the rights arising from the exercise of peaceful and uncontested possession over time, the holder of a possession legitimization title, after the lapse of five years from the date of its registration, shall have it automatically converted into a title of ownership, provided that the terms and conditions of Art. 183 of the Constitution are met, regardless of prior request or registry act.

§ 1º In hypotheses not covered by Art. 183 of the Constitution, the possession legitimization title may be converted into a title of ownership, provided that the requirements of adverse possession established by law are met, at the request of the interested party, before the Real Estate Registry.

§ 2º Possession legitimization, once converted into ownership, constitutes an original form of acquisition of real right; the regularized real estate unit with urban purpose shall be free and clear of any liens, real rights, encumbrances or registrations existing in its original property record, except where they concern the beneficiary itself.

§ 3º Different forms of evidence may be used to prove the periods of possession required for the conversion of the possession title into a title of ownership pursuant to the caput and § 1.

Art. 20

The possession legitimization title may be cancelled by the issuing Public Authority when it is found that the conditions established in Law 13,465, of 2017, and this Decree have ceased to be met, without any compensation being due to one who irregularly benefited from the instrument.

Sole paragraph. After the procedure referred to in the caput is completed, the Public Authority shall request the registrar of the Real Estate Registry to annotate its cancellation.

Chapter III Administrative Procedure

Section I · General provisions

Art. 21

Reurb shall observe the following phases:

1. application by the legitimate parties;
2. administrative processing of the application, during which a term shall be granted for response by the holders of real rights over the real estate and by the abutters;
3. preparation of the land regularization project;
4. regularization of the administrative process;
5. decision by the competent authority, through a formal act to which publicity shall be given;
6. issuance of the CRF by the Municipality or the Federal District; and
7. registration of the CRF and the approved land regularization project at the Real Estate Registry in which the regularized real estate unit with urban purpose is located.

§ 1º The commitment statement shall also be signed by two witnesses, so as to form an extrajudicial enforceable instrument under item III of the caput of Art. 784 of Law 13,105, of March 16, 2015, the Code of Civil Procedure.

§ 2º The preparation of the land regularization project is mandatory for any Reurb, regardless of the instrument used for titling, except:

1. in the hypothesis provided in Art. 69 of Law 13,465, of 2017; and
2. where it concerns urban settlements already regularized and registered whose titling of occupants is pending.

§ 3º In the preparation of the land regularization project, the presentation of the Technical Responsibility Note (ART) or the Technical Responsibility Registration (RRT) is waived when the technical responsible is a civil servant or public employee.

§ 4º Reurb, in the form established in Law 13,465, of 2017, and this Decree, shall not be hindered by the absence of a specific municipal law addressing measures or postures of local interest applicable to urban land regularization projects.

Art. 22

In order to foster the implementation of Reurb measures, the federative entities may enter into agreements or other similar instruments with the Ministry of Cities, with a view to cooperating for the faithful execution of the provisions of this Decree.

Art. 23

It is incumbent on the Municipalities in which the informal urban settlements to be regularized are located, and on the Federal District:

1. to classify, on a case-by-case basis, the modalities of Reurb;
2. to process, analyze and approve the land regularization projects; and
3. to issue the CRF.

§ 1º In Reurb requested by the Federal Union or the States, the classification provided in item I of the caput shall be the responsibility of the initiating federative entity.

§ 2º The Municipality or the Federal District shall classify and fix one of the Reurb modalities, or deny the application with reasons stated, within one hundred and eighty days.

§ 3º Inaction by the Municipality or the Federal District shall imply automatic fixation of the modality indicated by the legitimate party in their application and continuation of the administrative procedure of Reurb, without prejudice to a future review of the classification by the Municipality or the Federal District, through a technical study justifying it.

Art. 24

Once Reurb is initiated, the Municipality or the Federal District shall conduct the searches necessary to determine the ownership of the real estate in which the informal urban settlement to be regularized is located.

§ 1º The municipal or district Public Authority shall notify the owners, those responsible for the implementation of the informal urban settlement, the abutters and any third parties potentially interested, so that they may file objections within thirty days from the date of receipt of the notification. (Wording given by Decree 9,597, of 2018)

§ 2º As regards municipal or district public real estate, the Municipality or the Federal District, as applicable, shall notify the abutters and any third parties potentially interested, so that they may file objections within thirty days from the date of receipt of the notification. (Wording given by Decree 9,597, of 2018)

§ 3º The municipal or district Public Authority may amend the land regularization project as a result of accepting, in whole or in part, the objections referred to in §§ 1 and 2.

§ 4º Notification of the owner and the abutters shall be made by postal mail with acknowledgment of receipt, at the address listed in the property record, and shall be deemed effective when delivery at that address is proven.

§ 5º The Reurb notification shall also be made by publication of an edict, with a term of thirty days, which shall summarily describe the area to be regularized, in the following cases:

1. owners and abutters not found; and
2. refusal of notification for any reason.

§ 6º The absence of response from the owners, the parties responsible for implementing the informal urban settlement, the abutters and any interested third parties shall be construed as consent to Reurb.

§ 7º The out-of-court conflict resolution procedure shall be initiated if the objection is not accepted.

§ 8º The notification shall contain a warning that the absence of objection shall imply the loss of any right that the notified party may hold over the real estate subject to Reurb.

§ 9º Where an objection is filed only with respect to part of the area subject to Reurb, the municipal or district Public Authority may continue Reurb with respect to the non-objected portion.

§ 10. The municipal or district Public Authority may reject an unfounded objection through a reasoned act stating the grounds for the rejection, and proceed with Reurb if the objector does not appeal within fifteen days from the date of notification of the rejection decision.

§ 11. Where an appeal is filed, the objector shall submit their grounds to the Municipality or the Federal District; if no consensus is reached, the municipal or district Public Authority may initiate the out-of-court conflict resolution procedure. (Wording given by Decree 9,597, of 2018)

§ 12. An objection is considered unfounded when it:

1. fails to indicate, in a plausible manner, where and how Reurb encroaches on the objector's property;
2. does not present grounds, even summarily; or
3. concerns matters foreign to the Reurb procedure in progress.

§ 13. Where any of the affected or abutting real estate is not registered or transcribed in the registry, the Federal District or the Municipality shall conduct inquiries with the previously competent registries, by submitting the plan of the regularized perimeter, so that its current legal status can be certified, where possible. (Wording given by Decree 9,597, of 2018)

§ 14. The application for the initiation of Reurb or, as provided in the regulation, the expression of interest in this regard by any of the legitimate parties, guarantees the occupants of informal urban settlements located in public areas to be regularized the right to remain in their real estate units before the Public Authority, preserving the existing factual situations, until the eventual definitive closure of the Reurb procedure.

§ 15. In Reurb-E, the legitimate applicant is responsible for providing the certificates proving ownership of the area, arranging the georeferenced topographic survey and presenting the descriptive memorandum of the area and the plan of the perimeter of the informal urban settlement, with a demonstration, where possible, of the affected property records or transcriptions.

§ 16. The provisions of this article are waived where the urban demarcation procedures are adopted.

Art. 25

Reurb shall be initiated by decision of the Municipality, upon written application by one of the legitimate parties addressed in this Decree.

Sole paragraph. Where the application for the initiation of Reurb is denied, the decision of the Municipality or the Federal District shall indicate the measures to be adopted with a view to reformulating and reassessing the application, where applicable.

Art. 26

Once Reurb is initiated, the Municipality or the Federal District shall approve the land regularization project, which shall set out the responsibilities of the parties involved.

§ 1º The preparation and funding of the land regularization project and the implementation of essential infrastructure shall observe the following procedures:

1. in Reurb-S:

1. when conducted over an area owned by a public entity, the responsibility to prepare the land regularization project shall rest with the said public entity, the Municipality or the Federal District, under terms to be agreed, and to implement essential infrastructure, where necessary; and
2. when conducted over an area owned by a private party, the responsibility to prepare and fund the land regularization project and to implement essential infrastructure, where necessary, shall rest with the Municipality or the Federal District.

1. in Reurb-E, land regularization shall be contracted and funded by its potential beneficiaries or private applicants.

§ 2º In Reurb-E over public areas, where there is public interest, the Municipality or the Federal District may prepare and fund the land regularization project and the implementation of essential infrastructure, with subsequent charging to its beneficiaries. (Wording given by Decree 9,597, of 2018)

§ 3º The costs referred to in item II of § 1 and in § 2 include the preparation of the land regularization project, the urbanistic and environmental offsets, and the implementation of essential infrastructure, where necessary. (Wording given by Decree 9,597, of 2018)

§ 4º Where the area to be regularized is public, a commitment statement may be entered into between the holding Public Authority and the municipal or district Public Authority for the preparation of the land regularization project and the implementation of essential infrastructure, community equipment and housing improvements provided in the land regularization projects.

Art. 27

Municipalities and the Federal District may create chambers for the prevention and administrative resolution of conflicts, within the local administration, including through arrangements with the State Courts of Justice, with competence to settle conflicts related to Reurb through consensual solutions.

§ 1º The composition and operation of the chambers referred to in the caput shall be established by act of the municipal or district Executive Authority and, in its absence, by the provisions of Law 13,140, of June 26, 2015.

§ 2º Where consensus is reached between the parties, the agreement shall be reduced to a written statement and shall constitute a condition for the conclusion of Reurb, with subsequent issuance of the CRF.

§ 3º Municipalities and the Federal District may initiate, ex officio or upon request, a collective mediation procedure for conflicts related to Reurb. (Wording given by Decree 9,597, of 2018)

§ 4º The initiation of an administrative procedure for the consensual resolution of conflicts within the scope of Reurb suspends prescription.

§ 5º Municipalities and the Federal District may, by means of an agreement, use the Judicial Centers for Conflict Resolution and Citizenship or the mediation chambers accredited with the Courts of Justice.

Section II · Georeferenced topographic survey

Art. 28

For purposes of this Decree, a georeferenced topographic survey means the set of:

1. planialtimetric and cadastral survey, with georeferencing, as referred to in item I of the caput of Art. 35 of Law 13,465, of 2017;
2. other georeferenced surveys necessary for the preparation of the land regularization project;
3. perimeter plan;
4. descriptive memorandum;
5. technical descriptions of the real estate units; and
6. other documents recording the vertices defining boundaries, using the methods and technologies available and best suited to the needs, in terms of economy and efficiency of use.

Art. 29

Georeferenced topographic surveys shall be conducted in accordance with the technical standards for topographic services of the Brazilian Association of Technical Standards (ABNT), the provisions of Decree 89,817, of June 20, 1984, and the technical standards of the Geographic Service Directorate of the Brazilian Army, and shall be accompanied by an ART or RRT.

§ 1º The boundaries of real estate units shall be defined by vertices georeferenced to the Brazilian Geodetic System.

§ 2º The vertex defining the boundary shall be three-dimensional in nature and defined by its geodetic latitude, longitude and altitude coordinates.

§ 3º The spherical positional error of the boundary-defining vertex shall be equal to or less than eight centimeters in radius.

§ 4º The positional error referred to in § 3 shall be of lesser magnitude in proportion to the assessment of the impact of error propagation, considering the development of urbanistic and infrastructure projects, the registration of ownership, risk prevention and other architectural and engineering projects.

§ 5º The technical responsible shall assess the impacts of error propagation referred to in § 4 prior to performing the georeferenced topographic survey.

§ 6º The georeferenced topographic survey shall be sent electronically by the legally qualified professional or by the responsible public agency to the National System for Territorial Information Management, in the manner established in the Operational Manual of said System.

§ 7º The National System for Territorial Information Management shall make available a geospatial visualization service of the georeferenced topographic survey and of the abutting parcels, to assist Public Authorities, real estate cadastre managers and Real Estate Registry officers in verifying positioning, distances, vertices, angles and areas, for the purpose of obtaining the nationally unique identifier code of the real estate, provided in § 1 of Art. 8 of Decree 8,764, of May 10, 2016.

Section III · Land regularization project

Art. 30

The land regularization project shall contain, at a minimum:

1. georeferenced topographic survey, signed by a legally qualified professional, accompanied by ART or RRT, which shall show the units, the buildings, the road system, the public areas, the geographical features and other elements characterizing the settlement to be regularized;
2. planialtimetric and cadastral survey with georeferencing, signed by a legally qualified professional, accompanied by ART or RRT, showing the units, buildings, road system, public areas, geographical features and other elements characterizing the settlement to be regularized; (Wording given by Decree 9,597, of 2018)
3. plan of the perimeter of the informal urban settlement, showing the affected property records or transcriptions, where possible;
4. preliminary study of the non-conformities and of the legal, urbanistic and environmental situations;
5. urbanistic project;
6. descriptive memorandum;
7. proposed solutions for environmental, urbanistic and occupant resettlement issues, where applicable;
8. technical study for risk situations, where applicable;
9. environmental technical study, where applicable;
10. physical schedule of services and implementation of essential infrastructure works, urbanistic, environmental and other offsets, where applicable, defined upon approval of the land regularization project; and
11. commitment statement to be signed by the responsible parties, public or private, for compliance with the physical schedule defined in item IX.

§ 1º In the regularization of informal urban settlements that already have essential infrastructure in place and for which there are no urbanistic or environmental offsets or other works or services to be executed, the presentation of the physical schedule and the commitment statement provided in items IX and X of the caput is waived.

§ 2º In the hypothesis referred to in § 1, the CRF shall state that the regularized urban settlement already has the essential infrastructure defined in § 1 of Art. 31 of this Decree and that there are no urbanistic or environmental offsets or other works or services to be executed.

§ 3º The land regularization project shall consider the characteristics of the occupation and of the occupied area to define specific urbanistic and environmental parameters, in addition to identifying the lots, circulation routes and areas intended for public use.

§ 4º In Reurb-S, it is incumbent on the public service concessionaire or permittee, upon request by the competent Public Authority, to prepare the physical schedule for the implementation of essential infrastructure and to sign the commitment statement for compliance with the schedule. (Included by Decree 9,597, of 2018)

Art. 31

The urbanistic land regularization project shall indicate, at a minimum:

1. the occupied areas, the road system and the existing and projected real estate units;
2. the real estate units to be regularized, their characteristics, area, abuttals, location, name of the street and number of the cadastral designation, if any; (Wording given by Decree 9,597, of 2018)
3. the built real estate units to be regularized, their characteristics, the area of the lots and buildings, the abuttals, location, name of the street and number of the cadastral designation;
4. where applicable, the blocks and their subdivisions into lots or the ideal fractions tied to the regularized unit;
5. the public ways, open spaces, areas designated for public buildings and other urban equipment, where applicable;
6. areas already acquired by adverse possession;
7. the adaptation measures for correcting non-conformities, where necessary; (Wording given by Decree 9,597, of 2018)
8. the measures necessary to adapt mobility, accessibility, infrastructure and relocation of buildings;
9. the essential infrastructure works, where necessary; and
10. other requirements defined by the municipal or district Public Authority.

§ 1º For purposes of Law 13,465, of 2017, and this Decree, the following are considered essential infrastructure:

1. potable water supply system, collective or individual;
2. sanitary sewage collection and treatment system, collective or individual;
3. domestic electric power grid;
4. drainage solutions, where necessary; and (Wording given by Decree 9,597, of 2018)
5. other equipment defined by the municipal or district Public Authority in light of local needs and regional characteristics.

§ 2º Reurb may be implemented in stages and cover the informal urban settlement in whole or in part.

§ 3º In the Reurb of land subdivisions, existing buildings on the lots may be regularized, at the discretion of the municipal or district Public Authority, at a later time, collectively or individually.

§ 4º Works for the implementation of essential infrastructure, community equipment and housing improvements, and their maintenance, may be carried out before, during or after the conclusion of Reurb.

§ 5º The municipal or district Public Authority shall define the requirements for the preparation of the land regularization project regarding drawings, descriptive memorandum and physical schedule of works and services to be carried out, where applicable. (Wording given by Decree 9,597, of 2018)

§ 6º The absence of regulation of the requirements referred to in § 5 shall not prevent the processing of Reurb and the registration of the CRF.

§ 7º The plan and descriptive memorandum shall be signed by a legally qualified professional; the presentation of the ART at the Regional Council of Engineering and Architecture or of the RRT at the Council of Architecture and Urbanism is waived when the technical responsible is a civil servant or public employee.

§ 8º The areas already acquired by adverse possession referred to in item VI of the caput shall appear in the land regularization project with the area shown in the property record or transcription and with the note that they concern a real estate unit already registered and arising from an adverse possession proceeding; the new georeferenced technical description of the real estate unit shall be annotated on the existing property record.

Art. 32

The descriptive memorandum of the informal urban settlement shall contain, at a minimum:

1. description of the perimeter of the urban settlement, with a brief indication of its characteristics;
2. technical description of the real estate units, road system and other public areas comprising the informal urban settlement;
3. list and description of the community urban equipment and public buildings existing in the informal urban settlement and of the public and public-utility services that will form part of the public domain upon registration of the regularization; and
4. where it concerns a condominium, the technical descriptions, incorporation memoranda and other technical elements provided in Law 4,591, of December 16, 1964.

Art. 33

Where an informal urban settlement is located in more than one Municipality and cannot be split so that each parcel lies entirely within the territory of one Municipality, the urbanistic project shall indicate its territorial division.

§ 1º Where the territorial division affects a real estate unit such that it lies in more than one Municipality, the municipal Public Authorities may initiate the Reurb procedures jointly.

§ 2º If the procedure is not initiated jointly under § 1, the municipal Public Authority initiating Reurb shall indicate only the real estate units whose larger territorial portion is located within its territory.

Art. 34

In Reurb-S, it is incumbent on the competent Public Authority, directly or through indirect public administration, or through public service concessionaires and permittees, to implement the essential infrastructure, public or community equipment and housing improvements provided in the land regularization projects, in addition to bearing the costs of their maintenance. (Wording given by Decree 9,597, of 2018)

Art. 35

In Reurb-E, the Federal District or the Municipality shall define, upon approval of the land regularization projects, those responsible for:

1. the implementation of the road systems;
2. the implementation of essential infrastructure, public or community equipment, where applicable; and
3. the implementation of the urbanistic and environmental mitigation and offset measures and those indicated in the environmental technical study.

§ 1º The responsibilities referred to in the caput may be attributed to the beneficiaries of Reurb-E.

§ 2º Those responsible for adopting urbanistic and environmental mitigation and offset measures shall sign a commitment statement with the competent municipal or district Public Authorities, as a condition for the approval of Reurb-E.

Art. 36

For Reurb to be approved in areas of informal urban settlements, or in part thereof, located in geotechnical risk areas, flood-prone areas or other risks specified by law, the technical study for risk situations referred to in item VII of the caput of Art. 30 shall be prepared, in order to examine the possibility of eliminating, correcting or managing risks in the affected portion. (Wording given by Decree 9,597, of 2018)

§ 1º In the hypothesis provided in the caput, the implementation of the measures indicated in the technical study shall be an indispensable condition for the approval of Reurb.

§ 2º The technical study referred to in this article shall be prepared by a legally qualified professional; the presentation of the ART or equivalent document is waived when the technical responsible is a civil servant or public employee.

§ 3º The technical studies provided in this article apply only to the portions of informal urban settlements located in risk areas; the part of the urban settlement not within the risk area and not affected by the technical study may have its land regularization project approved and registered separately.

§ 4º In Reurb-S of risk areas that do not admit elimination, correction or management, the municipal or district Public Authority shall arrange for the relocation of the occupants of the informal urban settlement to be regularized.

§ 5º In the hypothesis of § 4, if the risk occurs in a private area, the municipal or district Public Authority may be reimbursed for the relocation costs by those responsible for the implementation of the informal urban settlement.

§ 6º In Reurb-E of risk areas that do not admit elimination, correction or management, relocation of the occupants of the informal urban settlement to be regularized shall be arranged by the owner, by those responsible for the implementation of the informal urban settlement, by the beneficiaries or by the legitimate promoter of Reurb.

Section IV · Conclusion of Urban Land Regularization

Art. 37

The pronouncement of the competent authority deciding the administrative processing of Reurb shall:

1. approve the land regularization project resulting from Reurb;
2. indicate the interventions to be carried out, where applicable, according to the approved land regularization project; and (Wording given by Decree 9,597, of 2018)
3. identify and declare the occupants of each regularized real estate unit with urban purpose and their real rights.

§ 1º The interventions provided in item II of the caput consist of works for the implementation of essential infrastructure, services and offsets, among others. (Wording given by Decree 9,597, of 2018)

§ 2º In the hypothesis of constitution of real rights by individual title, the competent authority is exempt from complying with item III of the caput.

Art. 38

The CRF is the administrative act of approval of Reurb that shall accompany the approved land regularization project and shall contain, at a minimum:

1. the name of the regularized urban settlement;
2. the location of the regularized urban settlement;
3. the modality of Reurb;
4. those responsible for the works and services in the schedule;
5. the numerical indication of each regularized unit, where possible; and
6. the list of occupants who have acquired the unit, by means of a Land Legitimization title or single registry act, which shall contain the name of the occupant, marital status, profession, CPF number, identification card number and parentage.

Sole paragraph. The CRF, in the case of Reurb only for the final titling of beneficiaries of informal urban settlements already registered at the Real Estate Registry, dispenses with the presentation of the approved land regularization project.

Art. 39

The denial of the land regularization project shall be technically and legally grounded, so as to allow, where possible, the reformulation of said project and the reassessment of the request for approval.

Chapter IV Registration of Urban Land Regularization

Art. 40

The registrations of the CRF and the approved land regularization project shall be requested directly to the registrar of the Real Estate Registry of the locality of the real estate and shall be effected regardless of any judicial decision or determination by the Public Prosecutor's Office.

Sole paragraph. If the registration is refused, the registrar of the Real Estate Registry shall issue a reasoned remand note indicating the reasons for the refusal and stipulating the requirements, in the form provided in Law 13,465, of 2017, and this Decree. (Wording given by Decree 9,597, of 2018)

Art. 41

Where Reurb covers real estate located in more than one real estate district, the procedure shall be carried out before the registrar of each of the Real Estate Registries.

Sole paragraph. Where the regularized real estate is located on the boundary of real estate districts, the new property records of the real estate units shall be the responsibility of the registrar of the Real Estate Registry within whose district the larger portion of the regularized real estate unit is located.

Art. 42

Upon receipt of the CRF, the registrar of the Real Estate Registry shall pre-record it, docket it, initiate the registry procedure and, within fifteen days, issue the requirements note or perform the acts leading to registration.

§ 1º The registration of the approved Reurb project entails:

1. the opening of a new property record, where applicable;
2. the opening of individualized property records for the lots and public areas resulting from the approved regularization project; and
3. the registration of the real rights indicated in the CRF with the property records of the lots, without the need to present an individualized title.

§ 2º For purposes of this Decree, the registration of real rights to the beneficiary referred to in item III of § 1 includes titles arising from any of the legal institutes and acquisition instruments provided in Law 13,465, of 2017, and this Decree.

§ 3º In the absence of indication of beneficiaries and real rights in the CRF, the registration of the land regularization project shall be made with the opening of a property record for each real estate unit, and the real right shall be registered subsequently, by individual title or as provided in Art. 10.

§ 4º Where the regularized urban settlement covers more than one property record or transcription, the real estate registrar shall open a new property record for the area subject to regularization, as provided in item I of the caput, noting the area covered in the original property record or transcription, with the determination of remaining area waived.

§ 5º Where the regularized urban settlement covers real estate not yet registered, a property record shall be opened reflecting the situation of the area occupied by the regularized settlement, with the rectification of the descriptive memorandum and the determination of remaining area waived.

§ 6º The registration of the CRF dispenses with proof of payment of taxes or tax penalties for which the legitimate parties are responsible.

§ 7º The registration of the approved CRF is independent of prior annotation of the cancellation of the rural real estate registry with the National Institute of Colonization and Agrarian Reform (Incra).

§ 8º The procedure for registration shall be completed within sixty days, extendable, at most, for an equal period, upon reasoned justification by the registrar of the Real Estate Registry.

§ 9º The registrar of the Real Estate Registry is exempt from notifying the owners, abutters and any interested third parties, once this requirement has been complied with by the Municipality or the Federal District, as provided in Art. 24.

§ 10. The registrar of the Real Estate Registry shall, after the registration of the CRF, notify Incra, the Ministry of the Environment and the Federal Revenue Service of Brazil of the Ministry of Finance, so that they cancel, in whole or in part, the existing records in the Rural Environmental Registry (CAR) and other registries related to rural real estate, regarding the regularized real estate units.

Art. 43

Where the real estate is subject to a general condominium regime to be divided into lots with indication, on the property record, of the area allotted to each co-owner, the Municipality may indicate, individually or collectively, the real estate units corresponding to the registered ideal fractions, under its exclusive responsibility, for the specialization of the areas registered in common.

Sole paragraph. Where the information provided in the caput is not included in the land regularization project approved by the Municipality or the Federal District, the new property records of the real estate units shall be opened by means of a specialization request filed by the legitimate parties referred to in Law 13,465, of 2017, and this Decree, with the issuance of a public deed waived for the indication of the block and lot.

Art. 44

To comply with the principle of speciality, the registrar of the Real Estate Registry shall adopt the descriptive memorandum of the tract submitted with the land regularization project and shall annotate it on the property record existing prior to the registration of the project, regardless of request, rectification, notification, unification or determination of availability or remaining area.

§ 1º Where there is doubt as to the extent of the registered tract, due to the precariousness of the tabular description, the registrar of the Real Estate Registry shall open a new property record for the detached area and annotate the detachment on the source property record.

§ 2º Notifications shall be issued in a simplified manner indicating the data identifying the urban settlement to be regularized, without the attachment of plans, projects, memoranda or other documents, and shall invite the notified party to appear at the registry to learn about the CRF, with a warning that non-appearance and the absence of objection within the legal period shall imply consent to the registration.

§ 3º The notifications provided in the caput and in § 2 shall be made to the owners of the areas involved in Reurb; these notifications are waived where already carried out by the Municipalities or the Federal District. (Wording given by Decree 9,597, of 2018)

§ 4º Where the land regularization project does not cover the entire registered real estate, registration shall be made based on the plan and descriptive memorandum referring to the area subject to regularization, and the detachment of the area shall be annotated on the property record of the total area.

Art. 45

The standards for descriptive memoranda, plans and other graphic representations, including adopted scales and other technical details, shall follow the guidelines established by the competent municipal or district authority, which shall be deemed satisfied upon issuance of the CRF.

Sole paragraph. No notarization of signatures shall be required on the documents comprising the CRF or the individual Land Legitimization statement when submitted by the Federal Union, the States, the Federal District, the Municipalities or entities of the indirect public administration.

Art. 46

The registration of the CRF shall have the effect of instituting and specifying a condominium, where applicable, governed by the specific legal provisions, in which case the co-owners may approve a condominium covenant.

§ 1º For the CRF to produce the effect of instituting and specifying a condominium, it shall contain, at a minimum, the calculations of the areas of the autonomous units, their private area, the exclusive use area, if any, the common use area and the ideal fraction of the land.

§ 2º § 1 does not apply where the documentation regarding the institution and specification of the condominium accompanies the CRF.

§ 3º In Reurb-S, the presentation of the area charts of the Standard for Construction Cost Assessment for real estate incorporation and other provisions for building condominiums of ABNT (NBR 12,721 or its successor) is waived.

Art. 47

The registration of the CRF shall be made on all property records affected by the approved land regularization project, indicating, where possible, the parcels corresponding to each property record.

Art. 48

Property records opened for each parcel shall include, in the fields referring to the prior registration and the owner:

1. where it is possible to identify it, the exact identification of the origin of the parcel registered, by means of an overlay plan of the subdivision on existing records, the prior property record and the name of its owner; or
2. where it is not possible to identify the exact origin of the parcel registered, all prior property records affected by Reurb and the expression "owner unidentified", with the specifications referred to in items 4 and 5 of item II of the caput of Art. 167 of Law 6,015, of 1973, waived.

Art. 49

Once the CRF is qualified, provided there are no requirements or impediments, the registrar of the Real Estate Registry shall register it on the property records of the real estate whose areas have been affected, in whole or in part.

Sole paragraph. Where the property records or transcriptions of the regularized area are not identified, the registrar of the Real Estate Registry shall open a property record with the description of the perimeter of the informal urban settlement set out in the CRF and shall register the CRF on it.

Art. 50

Once the CRF is registered, a property record shall be opened for each of the regularized real estate units.

Sole paragraph. Where a commitment of purchase and sale, assignment contract or promise of assignment has been executed, this shall be a sufficient title for the acquisition of ownership by the occupants of the real estate units subject to Reurb when accompanied by proof of payment of the purchaser's obligations, and shall be registered on the property records of the corresponding real estate units resulting from the land regularization.

Art. 51

Upon registration of the CRF, the public ways, areas intended for common use of the people, public buildings and urban equipment shall be automatically incorporated into the public estate, in the form established in the approved land regularization project. (Wording given by Decree 9,597, of 2018)

§ 1º Upon request by the municipal or district Public Authority, the registrar of the Real Estate Registry shall open a property record for the areas that have entered the public domain.

§ 2º The application for registration of the CRF replaces the request referred to in § 1.

Art. 52

Unoccupied and uncommercialized units covered by Reurb shall have their property records opened in the name of the original owner of the area. (Wording given by Decree 9,597, of 2018)

§ 1º Unbuilt units that have been commercialized in any manner shall have their property records opened in the name of the purchaser, as provided in the sole paragraph of Art. 50.

§ 2º Real estate units in the form of unbuilt or unoccupied lots already commercialized may come from informal urban settlements in the form of land subdivision or lot condominium.

Chapter V Exemptions

Art. 53

The acts necessary for the registration of Reurb-S are exempt from court costs and registry fees.

§ 1º The exemptions from court costs and registry fees referred to in the caput are independent of the provisions of § 4 of Art. 11 of Law 11,124, of June 16, 2005.

§ 2º The exemptions from court costs and registry fees apply from the classification, by the competent authority, as Reurb-S, as provided in Arts. 13 and 30, caput, item I, of Law 13,465, of 2017.

§ 3º For the application of the court costs and registry fees exemptions in the administrative processing phase of Reurb-S prior to the issuance of the CRF, the interested party shall present a document issued by the competent authority attesting to the classification of the regularization of the informal urban settlement as Reurb-S, as provided in Art. 5.

Art. 54

The acts necessary for the registration of Reurb-S, referred to in the caput of Art. 53, include, among others:

1. the first registration of Reurb-S, which grants real rights to the beneficiaries;
2. the registration of Land Legitimization;
3. the registration of the possession legitimization title and its conversion into a title of ownership;
4. the registration of the CRF and the land regularization project, with the opening of a property record for each regularized urban real estate unit;
5. the first annotation of residential construction, provided the limit of seventy square meters is respected;
6. the acquisition of the first real right over a real estate unit arising from Reurb-S;
7. the first registration of the real right of slab within the scope of Reurb-S;
8. the annotation of buildings in housing complexes or condominiums;
9. the opening of a property record for the area subject to land regularization, where necessary;
10. the opening of individualized property records for the public areas resulting from the regularization project; and
11. the issuance of certificates necessary for the acts provided in this article.

Sole paragraph. The certificates referred to in item XI of the caput relate to the property record, transcription, registration, court action distribution and registrations made within the scope of Reurb, among others. (Wording given by Decree 9,597, of 2018)

Art. 55

The registrar of the Real Estate Registry is prohibited from requiring proof of payment or settlement of taxes, understood as taxes, fees, contributions or penalties and other tax items, in acts of registration or annotation related to Reurb-S.

Art. 56

For the waiver of court costs and registry fees provided in Law 13,465, of 2017, the Land Legitimization title, possession title or another acquisition instrument shall be submitted by the legitimate parties or by the occupants to the registrar of the competent Real Estate Registry, within a maximum period of one year, counted from the date of issuance of the title.

Art. 57

The National Fund for Social Interest Housing (FNHIS), created by Law 11,124, of 2005, is authorized to allocate resources to fully or partially offset the costs related to the acts necessary for the registration of Reurb-S referred to in the caput of Art. 53.

Chapter VI Real Right of Slab

Art. 58

The owner of a base construction may assign the upper or lower surface of his construction so that the slab holder may maintain a unit distinct from the one originally built on the ground.

§ 1º The real right of slab encompasses the airspace or subsurface of public or private land, taken in vertical projection as an autonomous real estate unit, not including the other areas, built or not, belonging to the owner of the base construction.

§ 2º The holder of the real right of slab shall be liable for the charges and taxes levied on his unit.

§ 3º The slab holders, an autonomous real estate unit established with its own property record, may use, enjoy and dispose of it.

§ 4º The institution of the real right of slab does not imply the attribution of an ideal fraction of land to the slab holder or proportional participation in already built areas.

§ 5º The Municipalities and the Federal District may regulate the building and urbanistic postures associated with the real right of slab.

§ 6º The slab holder may assign the surface of his construction for the institution of a successive real right of slab, provided that there is express authorization from the holders of the base construction and other slabs, observing the building and urbanistic postures in force.

§ 7º The constitution of the real right of slab on the upper or lower surface of the base construction, as an autonomous real estate unit, may only be admitted when the real estate units have independent access.

Art. 59

The slab holder is expressly prohibited from impairing, through new works or lack of repair, the safety, architectural line or aesthetic arrangement of the building, observing the postures provided in local legislation.

Art. 60

Without prejudice, where applicable, to the application of the rules relating to building condominiums, for purposes of the real right of slab, the expenses necessary for the conservation and use of the parts serving the entire building and for the payment of services of common interest shall be shared between the owner of the base construction and the slab holder, in the proportion stipulated in the contract.

§ 1º Parts serving the entire building are:

1. foundations, columns, pillars, main walls and all other parts comprising the building's structure;
2. the roof or terraces, even if intended for the exclusive use of the slab holder;
3. general installations of water, sewage, electricity, heating, air conditioning, gas, communications and similar; and
4. items used by the entire building.

§ 2º Any interested party is entitled to undertake urgent repairs on the construction, as provided in the sole paragraph of Art. 249 of Law 10,406, of 2002, the Civil Code.

Art. 61

In the event of disposal of any of the superimposed units, the holders of the base construction and of the slab, in that order, shall have the right of first refusal, on equal terms with third parties, and shall be informed in writing so as to respond within thirty days, except where the contract provides otherwise.

§ 1º The holder of the base construction or the slab to whom notice of disposal is not given may, upon deposit of the price, claim for himself the portion sold to a third party, if he so requests within the decadential period of one hundred and eighty days, counted from the date of disposal.

§ 2º Where there is more than one slab, the holders of the upward slabs and the holders of the downward slabs shall have preference, in that order, with priority assured for the slab closest to the superimposed unit to be disposed of.

Art. 62

The ruin of the base construction shall imply extinction of the real right of slab, except:

1. if it has been instituted on the subsurface; or
2. if the base construction is rebuilt within five years.

Sole paragraph. This article does not exclude the right to civil reparation by the party responsible for the ruin.

Art. 63

For purposes of Reurb, the real right of slab shall depend on proof that the real estate unit is stable.

§ 1º The stability of the real estate unit depends on the conditions of the building for the use intended within the reality in which the real estate is located.

§ 2º In Reurb-S, proof of stability of the real estate units referred to in the caput shall be the responsibility of the municipal or district Public Authority.

§ 3º For approval and registration of the real right of slab in real estate units forming part of Reurb, the presentation of the occupancy certificate (habite-se) is waived and, in Reurb-S, the negative certificates of taxes and social security contributions are waived.

Chapter VII Lot Condominium

Art. 64

In tracts of land there may be parts designated as lots that are exclusive property and parts that are common property of the co-owners.

§ 1º The ideal fraction of each co-owner may be proportional to the land area of each autonomous unit, to its building potential or to other criteria indicated in the institution act.

§ 2º The rules relating to building condominiums apply, where applicable, to lot condominiums.

§ 3º For real estate development purposes, implementation of the lot condominium infrastructure shall be the responsibility of the developer.

Art. 65

The municipal or district Public Authority may regulate the building and urbanistic postures for the implementation of lot condominiums.

Art. 66

Consolidated informal urban settlements established in the form of a lot condominium may be subject to Reurb under the terms established in Law 13,465, of 2017, and this Decree.

§ 1º The Reurb of a lot condominium shall be independent of the regularization of existing buildings, which shall be regularized collectively or individually in a separate procedure, at the discretion of the municipal or district Public Authority.

§ 2º New buildings to be constructed in a lot condominium subject to Reurb shall observe the building and urbanistic postures in force.

Chapter VIII Housing Complexes

Art. 67

Informal urban settlements established for the disposal of already-built units by the developer itself, public or private, shall be regularized as housing complexes. (Wording given by Decree 9,597, of 2018)

§ 1º Housing complexes may consist of land subdivision with isolated built units, land subdivision with buildings in condominium, horizontal or vertical condominiums, or both modalities of subdivision and condominium.

§ 2º The units resulting from the regularization of housing complexes shall be attributed to recognized occupants, except where the Public Authority promoting the housing program demonstrates, during the land regularization process, that there are pending obligations, in which case the regularized real estate units shall be attributed to it.

Art. 68

For approval and registration of housing complexes comprising Reurb, the presentation of the occupancy certificate (habite-se) is waived and, in Reurb-S, the negative certificates of taxes and social security contributions are waived.

Sole paragraph. The registration of the informal urban settlement in the form of a housing complex shall be made with the issuance of the CRF and the approval of the regularization project, accompanied by the plans and technical memoranda of the real estate units and buildings and other technical elements necessary for the incorporation and registration of the informal urban settlement, where applicable.

Chapter IX Simple Urban Condominium

Art. 69

Where the same real estate contains houses or rooms built upon it, a simple urban condominium may be instituted, including for Reurb purposes, observing local urbanistic parameters; the property record shall identify the portion of the land occupied by the buildings, the portions of exclusive use and the areas that serve as passage to public ways and between the units.

§ 1º The rules relating to building condominiums apply, where applicable, to the simple urban condominium.

§ 2º A simple urban condominium does not include:

1. situations covered by the real right of slab;
2. buildings or sets of buildings, of one or more floors, constructed as isolated units, intended for residential or non-residential purposes, referred to in Law 4,591, of 1964;
3. condominiums that have an internal road system for access to the autonomous real estate units; and
4. condominiums with autonomous real estate units that have independent access to existing public ways.

Art. 70

The institution of the simple urban condominium shall be registered on the property record of the real estate, on which the common parts at ground level, the common parts inside the building, if any, and the autonomous units shall be identified, with the presentation of a condominium covenant waived.

§ 1º After the registration of the institution of the simple urban condominium, a property record shall be opened for each autonomous unit, to which shall correspond, as an inseparable part, an ideal fraction of the land and of the other common parts, if any, represented as a percentage.

§ 2º The autonomous units established with their own property records may be freely disposed of and encumbered by their holders.

§ 3º No autonomous unit may be deprived of access to the public way. (Wording given by Decree 9,597, of 2018)

§ 4º The management of common parts shall be done by mutual agreement among the co-owners and may be formalized by contract.

Art. 71

The registration of the institution of the simple urban condominium shall be effected upon presentation by the applicant to the registrar of the Real Estate Registry of the following:

1. approved regularization project specifying the real estate units to be instituted as autonomous units;
2. simple plan of each lot, indicating the common parts at ground level, the common parts inside the building, if any, and the autonomous units, accompanied by a simplified descriptive memorandum;
3. information on the ideal fraction attributed to each autonomous unit, in relation to the land and the common parts;
4. information on the intended purpose of the autonomous units; and
5. calculation of the areas of the buildings or lots, with discrimination of the overall area and the area of common parts, where applicable, and indication of the built area or the area of each lot, for each type of unit.

§ 1º The simplified descriptive memorandum referred to in item II of the caput shall include the approximate area of the autonomous units, the accesses and the common parts.

§ 2º Without prejudice to items I to V of the caput, in Reurb, the registration of the institution of the simple urban condominium shall also be effected upon presentation by the applicant to the registrar of the Real Estate Registry of the CRF, with the approved regularization project showing the indication of the lots in which the autonomous units shall be instituted.

§ 3º In Reurb, the registration of the institution of the simple urban condominium may be requested after the registration of the informal urban settlement, in which case it shall suffice to present the documents mentioned in item II of the caput with the endorsement of the agency competent to approve the regularization project.

Art. 72

In Reurb-S, the annotation of buildings may be effected on the basis of a mere notice, upon request by the interested party, indicating the built area and the number of the real estate unit, with the presentation of the occupancy certificate (habite-se) and the negative certificates of taxes and social security contributions waived.

Chapter X Collection of Abandoned Real Estate

Art. 73

Abandoned private urban real estate whose owners do not intend to keep it in their estate shall be subject to collection by the Municipality or the Federal District as vacant property.

§ 1º The intention referred to in the caput shall be presumed where the owner, after ceasing acts of possession over the real estate, fails to pay the tax charges levied on urban real estate ownership for a period of five years.

§ 2º The procedure for the collection of abandoned urban real estate shall observe the provisions of an act of the municipal or district Executive Authority and, at a minimum:

1. opening of an administrative proceeding to address the collection;
2. proof of the period of abandonment and tax delinquency; and
3. notification of the owner so that, if desired, they may file an objection within thirty days from the date of receipt of the notification.

§ 3º Notification of the owner shall be made by postal mail with acknowledgment of receipt, at the address listed in the municipal or district registry, and shall be deemed effective once delivery at that address is proven.

§ 4º Owners not located shall be notified by edict summarily setting forth the location and description of the real estate to be collected, so that they may file an objection within thirty days from the date of notification.

§ 5º The opening of the administrative proceeding referred to in item I of § 2 shall be determined by the municipal or district Public Authority or upon request by an interested third party.

§ 6º Absence of response from the owner shall be construed as consent to the collection.

§ 7º Once the collection procedure is complied with, the Municipality may carry out, directly or through third parties, the investments necessary so that the collected urban real estate promptly achieves the social objectives for which it is intended.

§ 8º Where the owner claims possession of the real estate declared abandoned within the three-year period referred to in Art. 1,276 of Law 10,406, of 2002, the Civil Code, the municipal or district Public Authority is guaranteed the right to prior reimbursement, in updated value, of the expenses incurred, including tax expenses, in connection with the exercise of provisional possession.

Art. 74

Real estate collected by Municipalities or by the Federal District may be allocated to housing programs, to the provision of public services, to the promotion of Reurb-S or shall be subject to a concession of real right of use to civil entities that demonstrably have philanthropic, assistance, educational, sports or other purposes in the interest of the Municipality or the Federal District.

Chapter XI Subdivision or Lot Split

Art. 75. The sale or promise of sale of a real estate unit forming part of an informal urban settlement or of a parcel of an unregistered subdivision or lot split is prohibited, pursuant to Art. 37 of Law 6,766, of 1979.

Art. 76

The municipal or district Public Authority shall notify the owners or those responsible for consolidated informal urban settlements of specific interest existing on the date of publication of this Decree, so that, within ninety days, they file the application for Reurb-E accompanied by the necessary documentation and projects, for analysis and approval.

§ 1º At the discretion of the municipal or district Public Authority, the period provided in the caput for filing the Reurb-E application may be extended, at most, for an equal period.

§ 2º If the notification provided in this article is not complied with, the responsible municipal or district agency may take steps to promote Reurb-E, pursuant to Law 13,465, of 2017, and this Decree, without prejudice to the actions and penalties provided in current legislation.

Art. 77. Pursuant to Art. 38 of Law 6,766, of 1979, where it is verified that the subdivision or lot split is not registered or regularly executed or notified by the municipal or district Public Authority, the lot purchaser shall suspend payment of the remaining installments and notify the subdivider to make payment.

§ 1º Upon suspension of payment of the remaining installments, in the form established in the caput, the purchaser shall deposit the installments due at the Real Estate Registry, which shall deposit them at a financial institution, pursuant to item I of the caput of Art. 666 of Law 13,105, of 2015, the Code of Civil Procedure, in an account bearing interest and monetary correction, whose movement shall depend on judicial authorization.

§ 2º The municipal or district Public Authority and the Public Prosecutor's Office may promote the notification of the subdivider provided in the caput, so that, within ninety days, they take steps for the approval and registration of the subdivision or lot split.

§ 3º At the request of the subdivider, provided it is justified, the municipal or district Public Authority may, at its discretion, extend the period provided in § 2 for an equal period.

§ 4º Once the subdivision is regularized, the subdivider shall apply for judicial authorization to withdraw the value of the deposited installments, with the additions of interest and monetary correction.

§ 5º The municipal or district Public Authority shall be summoned in the judicial proceeding referred to in § 4 and the Public Prosecutor's Office shall be heard.

§ 6º After judicial recognition of the regularity of the subdivision, the subdivider shall notify the lot purchasers, through the Real Estate Registry, so that they return to paying the remaining installments directly.

§ 7º The subdivider may not, on any ground, demand receipt of the deposited installments in the following hypotheses, pursuant to Art. 40 of Law 6,766, of 1979:

1. the subdivider fails to comply with the notification by the end of the contractual term; or
2. the subdivision or lot split is regularized by the Municipality or the Federal District.

Art. 78. The contract rescission clause for default by the purchaser shall be null where the subdivision is not duly registered.

Art. 79. The municipal or district Public Authority, if not heeded by the subdivider in the notification referred to in the caput and in § 2 of Art. 77, may regularize unauthorized or improperly executed subdivisions or lot splits not in compliance with the terms of the administrative licensing act, to prevent harm to its urban development standards and in defense of the rights of lot purchasers.

§ 1º The municipal or district Public Authority that promotes regularization in the form established in this article shall be entitled, by judicial authorization, to withdraw the deposited installments, with additions of interest and monetary correction, by way of reimbursement of the amounts spent on urban equipment or expropriations necessary to regularize the subdivision or lot split.

§ 2º Where the amounts spent by the municipal or district Public Authority to regularize the subdivision or lot split are not fully reimbursed by the withdrawal referred to in § 1, the missing amount shall be claimed from the subdivider, as provided in Art. 47 of Law 6,766, of 1979.

§ 3º Where the subdivider does not comply with § 2, the municipal or district Public Authority may receive installments from purchasers up to the amount due.

§ 4º The municipal or district Public Authority, to ensure the regularization of the subdivision or lot split and the full reimbursement of amounts spent or to be spent, may judicially pursue the necessary precautionary measures.

Art. 80. Once the subdivision or lot split is regularized by the municipal or district Public Authority, the lot purchaser, provided the deposit of all installments of the agreed price is proven, may obtain registration of ownership of the acquired lot, based on the executed promise of purchase and sale.

Art. 81. In expropriations, land not yet sold or subject to a promise of purchase and sale shall not be considered as subdivided or subdividable for compensation purposes.

Art. 82. The Municipalities, the Federal District and the States may expropriate urban or urban expansion areas for re-subdivision, demolition, reconstruction and incorporation, in which case preference for the acquisition of the new units shall belong to the expropriated parties.

Art. 83. Where the subdivider beneficiary of the subdivision or lot split is part of an economic or financial group, the natural or legal persons of the group shall be jointly liable for the damages it causes to lot purchasers and to the Public Authority.

Art. 84. The competent venue for the judicial proceedings provided in this Decree shall be that of the district where the informal urban settlement or lot is located.

Art. 85. Summonses and notifications provided in this Decree shall be made personally to the summoned or notified party, who shall sign the acknowledgment of receipt, and may also be made through the title and document registry offices of the district where the real estate is located or of the domicile of the summoned or notified party.

Sole paragraph. If the recipient refuses to receive or to provide a receipt, or if their whereabouts are unknown, the competent officer shall certify the circumstance and the summons or notification shall be made by edict, with the period counted from ten days after the last publication.

Chapter XII Final and Transitional Provisions

Art. 86

The competencies and responsibilities of the States and Municipalities are attributed to the Federal District, pursuant to Law 13,465, of 2017, and this Decree.

Art. 87

Tracts subdivided for urban purposes prior to December 19, 1979 that are not registered may have their legal status regularized through the registration of the subdivision, provided it is implemented and integrated into the city, and the instruments provided in Law 13,465, of 2017, and this Decree may be used for that purpose. (Wording given by Decree 9,597, of 2018)

§ 1º The interested party shall apply to the registrar of the Real Estate Registry for the registration of the subdivision, accompanied by the following documents:

1. plan of the area under regularization, signed by the interested party responsible for the regularization and by a legally qualified professional, containing the perimeter of the area to be regularized, the subdivisions of the blocks, lots and public areas, with the dimensions and numbering of the lots, the public ways, open spaces and other areas with specific intended use, where applicable; the presentation of the ART at the Regional Council of Engineering and Architecture or of the RRT at the Council of Architecture and Urbanism is waived when the technical responsible is a civil servant or public employee;
2. technical description of the perimeter of the area to be regularized, the lots, the public areas and other areas with specific intended use, where applicable; and
3. document issued by the Municipality or the Federal District attesting that the subdivision was implemented prior to December 19, 1979 and that it is integrated into the city. (Wording given by Decree 9,597, of 2018)

§ 2º The presentation of the documentation provided in § 1 dispenses with the presentation of the land regularization project, the environmental technical study, the CRF or any other declarations, approvals, licenses or permits issued by public agencies.

§ 3º The registration of the subdivision of tracts provided in this article may be made in sections or stages, regardless of rectification or determination of remaining area.

Art. 88

The provisions of Law 6,766, of 1979, do not apply to Reurb, except as regards Arts. 37, 38, 39, 40 (caput and §§ 1 to 4), 41, 42, 44, 47, 48, 49, 50, 51 and 52 of that Law. (Wording given by Decree 9,597, of 2018)

Art. 89

For purposes of Reurb, the de-allocation and the following requirements provided in item I of the caput of Art. 17 of Law 8,666, of June 21, 1993 are waived:

1. legislative authorization for disposal of assets of the direct, autarchic and foundational public administration; and
2. prior valuation and competitive bidding in the form of public auction.

Sole paragraph. In the direct sale provided in Art. 84 of Law 13,465, of 2017, prior valuation shall be required to define the amount to be charged in the disposal.

Art. 90

The States and the Federal District shall create and regulate specific funds intended for the full or partial offset of the costs related to Reurb-S registry acts provided in Law 13,465, of 2017, and this Decree.

Sole paragraph. For state funds to access the resources of the National Fund for Social Interest Housing (FNHIS), created by Law 11,124, of June 16, 2005, they shall sign an adhesion statement in the form to be regulated by act of the Minister of State for Cities.

Art. 91

Occupations falling on areas subject to court actions concerning real rights as security, constriction, blocking or judicial unavailability shall be regularized in the form of Law 13,465, of 2017, and this Decree, except where a judicial decision prevents the analysis, approval and registration of the Reurb project.

Art. 92

The rules and procedures established in this Decree may be applied to administrative proceedings for land regularization initiated by the competent public entities up to the date of publication of Law 13,465, of 2017, and may be governed, at their discretion, by Arts. 288-A to 288-G of Law 6,015, of 1973, and by Arts. 46 to 71-A of Law 11,977, of 2009.

§ 1º The caput applies to urban land regularizations in progress, located in whole or in part in a sustainable use unit, in a permanent preservation area, in a water source protection area and in the surroundings of artificial water reservoirs. (Wording given by Decree 9,597, of 2018)

§ 2º In the land regularizations provided in the caput, the rules, procedures and instruments provided in Law 13,465, of 2017, and this Decree, or in Arts. 288-A to 288-G of Law 6,015, of 1973, may be used, at the discretion of the municipal or district agency responsible for the regularization, including jointly.

§ 3º Possession legitimizations already registered in the form of Law 11,977, of 2009, shall continue under the regime of said Law until the definitive titling of those legitimated in the possession.

§ 4º The registration of titles issued to grant real rights, in regularization projects registered pursuant to Arts. 46 to 71-A of Law 11,977, of 2009, may, at the discretion of the legitimate parties, the Municipality or the Federal District, be made pursuant to Law 13,465, of 2017, and this Decree.

§ 5º For the opening of a property record of the road system of an irregular urban subdivision, in the form provided in Art. 195-A of Law 6,015, of 1973, the summons of the abutters shall be made by edict, published in the Official Gazette or in a newspaper circulated at the seat of the Municipality or in the Federal District, and a period of thirty days shall be granted for response by the summoned party.

Art. 93

The municipal or district Public Authority may allow the owner of an area subject to the obligation referred to in the caput of Art. 5 of Law 10,257, of 2001, or subject to Reurb, to establish a real estate consortium as a means of financial enablement for the use of the real estate.

§ 1º A real estate consortium means the means of enabling urbanization, land regularization or reform, conservation or construction plans through which the owner transfers ownership of the real estate to the municipal or district Public Authority and, after the works are completed, receives, as payment, urbanized or built real estate units, with the remaining units incorporated into the public estate.

§ 2º The value of the real estate units to be delivered as provided in § 1 shall correspond to the value of the real estate prior to the execution of the works.

§ 3º The establishment of a real estate consortium by an owner who caused the formation of informal urban settlements, or by their successor, shall not exempt them from administrative, civil or criminal liability.

Art. 93-A

For the Municipality to promote Reurb in areas of the Federal Union under the management of the Federal Union Patrimony Secretariat of the Ministry of Planning, Development and Management, prior formalization of the transfer of the area or the signing of a technical cooperation agreement or similar instrument with said Secretariat is required. (Included by Decree 9,597, of 2018)

TITLE II PROCEDURES FOR THE VALUATION AND DISPOSAL OF FEDERAL UNION REAL ESTATE

Art. 94

Federal Union real estate subject to Reurb-E that is subject to a subdivision process recognized by the public authority may be, in whole or in part, sold directly to its occupants, with the procedures required by Law 8,666, of 1993 waived.

§ 1º The sale applies only to real estate occupied up to December 22, 2016, and the occupant shall be duly registered and in good standing with their obligations to the Federal Union Patrimony Secretariat of the Ministry of Planning, Development and Management.

§ 2º The possibility of direct sale provided in this article extends to occupants whose occupation registration was made in the name of condominiums or associations.

§ 3º The direct sale provided in this article may only be granted for, at most, two real estate units, one residential and one non-residential, duly registered in the beneficiary's name at the Federal Union Patrimony Secretariat of the Ministry of Planning, Development and Management.

§ 4º In occupations of Federal Union areas not registered with the Federal Union Patrimony Secretariat of the Ministry of Planning, Development and Management, direct sale to the occupant shall be possible, provided their occupation as of December 22, 2016 is proven.

§ 5º For proof of the matter referred to in § 4, the counting of time from previous occupations is admitted, provided the continuity of the chain of occupation up to the current occupant is demonstrated.

§ 6º The direct sale provided in this article shall observe Law 9,514, of November 20, 1997, and the Federal Union shall retain the fiduciary ownership of the assets until full payment, in the form of §§ 7 and 9.

§ 7º For occupants with family income between five and ten minimum wages, the acquisition price may be paid in cash or in up to two hundred and forty consecutive monthly installments, with a down payment of at least five percent of the appraised value due.

§ 8º The monthly installment value referred to in § 7 may not be less than the amount owed by the occupant as a leasehold or occupation fee, when requested by the interested party.

§ 9º For occupants with family income above ten minimum wages, acquisition may be made in cash or in up to one hundred and twenty consecutive monthly installments, with a down payment of at least ten percent of the appraised value due, in which case the monthly installment value may not be less than the equivalent amount owed by the user as a leasehold or occupation fee, when requested by the interested party.

§ 10. The regulation of this article shall be carried out by the Federal Union Patrimony Secretariat of the Ministry of Planning, Development and Management, within twelve months from the date of publication of Law 13,465, of 2017.

Art. 95

The sale price shall be set based on the market value of the real estate, according to the valuation criteria provided in Art. 11-C of Law 9,636, of May 15, 1998, excluding accessions and improvements made by the occupant.

§ 1º The validity period of the valuation referred to in the caput shall be, at most, twelve months.

§ 2º In building condominiums, common areas, excluding their improvements, shall be added to the ideal fraction of the corresponding private unit.

Art. 96

The procedures necessary for the promotion of Reurb-E on Federal Union areas may be conducted within the framework of a technical cooperation agreement or similar instrument, signed between the Federal Union Patrimony Secretariat of the Ministry of Planning, Development and Management and those interested in promoting Reurb-E, represented by their representative associations or condominiums.

Sole paragraph. The technical cooperation agreements or similar instruments referred to in the caput may be signed both with occupants duly registered with the Federal Union Patrimony Secretariat of the Ministry of Planning, Development and Management, and with those occupying Federal Union areas not registered with that Secretariat.

Art. 97

Low-income natural persons who, on any ground, regularly use Federal Union real estate, including real estate from extinct federal agencies and entities, for housing purposes, up to December 22, 2016, and who are exempt from paying any amount for use, in the form of the patrimony legislation and the registries of the Federal Union Patrimony Secretariat of the Ministry of Planning, Development and Management, may apply directly to the registrar of the Real Estate Registry, by means of the Authorization Certificate for Transfer (CAT) issued by said Secretariat, for the free transfer of ownership of the real estate, provided the requirements of § 5 of Art. 31 of Law 9,636, of 1998 are met. (Wording given by Decree 9,597, of 2018)

§ 1º The free transfer referred to in this article may be granted only once per beneficiary.

§ 2º Prior valuation of the real estate and prior specific legislative authorization are not conditions for the free transfer referred to in this article.

Art. 98

To obtain free concession of real right of use or full ownership of the real estate, the interested party shall apply to the Federal Union Patrimony Secretariat of the Ministry of Planning, Development and Management for the CAT for Reurb-S purposes (CAT-Reurb-S), which shall serve as a valid title for the acquisition of the right upon registration at the Real Estate Registry.

Sole paragraph. Once the registration of the transfer of the concession of real right of use or full ownership of the real estate is effected, the registrar of the Real Estate Registry, within thirty days, shall notify the Federal Union Patrimony Superintendency in the State or the Federal District and report the property record or transcription number of the real estate and its Patrimony Real Estate Registration, which shall appear in the CAT-Reurb-S.

Art. 98-A

The procedures for Reurb promoted on Federal Union areas shall be regulated by a specific act of the Federal Union Patrimony Secretariat of the Ministry of Planning, Development and Management, without prejudice to the eventual adoption of procedures and instruments provided for Reurb. (Included by Decree 9,597, of 2018)

Art. 99

Where Federal Union real estate intended for Reurb-S has not yet been regularized at the competent Real Estate Registry, a property record may be opened upon request by the Federal Union Patrimony Secretariat of the Ministry of Planning, Development and Management, addressed to the registrar of said Registry, accompanied by the following documents:

1. plan and descriptive memorandum of the real estate, signed by a professional qualified by the Regional Council of Engineering and Architecture or the Council of Architecture and Urbanism, subject to the presentation of the ART or RRT, where applicable; and
2. act of administrative discrimination of the Federal Union real estate for purposes of Reurb-S, to be issued by the Federal Union Patrimony Secretariat of the Ministry of Planning, Development and Management.

§ 1º The registrar of the Real Estate Registry shall, within thirty days from the date of filing of the application, provide the Federal Union Patrimony Superintendency in the State or the Federal District with the certificate of the opened property record or the reasoned grounds for the denial of the opening, in which case a period shall be established for the pending matters to be addressed.

§ 2º The caput does not apply to Federal Union real estate subject to specific identification and demarcation procedures, which remain subject to the relevant rules.

Art. 100

The procedures for the free transfer of the real right of use or full ownership of Federal Union real estate within the scope of Reurb-S, including those related to the form of proof of the requirements by the beneficiaries, shall be regulated by an act of the Secretary of Federal Union Patrimony of the Ministry of Planning, Development and Management.

Art. 101

The Federal Union and its autarchies and foundations are authorized to transfer to the States, Municipalities and the Federal District the federal public areas occupied by informal urban settlements, so that they may promote Reurb under Law 13,465, of 2017, observing this regulation when it comes to real estate held by funds.

TITLE III FINAL PROVISIONS

Art. 102

The States, Municipalities and Federal District are entitled to exercise the prerogative of direct sale to the occupants of their public areas subject to Reurb-E, with the procedures required by Law 8,666, of 1993 waived, provided the real estate has been occupied by December 22, 2016, regulating the process in their own legislation along the lines of Art. 84 of Law 13,465, of July 11, 2017.

Art. 103

Pursuant to Decree-Law 1,876, of July 15, 1981, the requirements for Reurb-S on Federal Union areas are:

1. the monthly family income of the occupant is equal to or less than five minimum wages; and
2. the occupant has not held or been the owner of assets or rights in an amount exceeding the limit set by the Federal Revenue Service of Brazil of the Ministry of Finance for the mandatory filing of the Annual Individual Income Tax Adjustment Statement.

Art. 104

In Reurb promoted on Federal Union areas where it is not possible to constitute real rights for all interested parties or where there are unoccupied real estate units, the corresponding property records shall be opened in the name of the Federal Union.

Art. 105

In the event of a decision to remove the consolidated informal urban settlement, technical studies shall be carried out demonstrating that the dismantling and removal of the urban settlement will not cause greater environmental and social damage than its regularization under Law 13,465, of 2017, and this Decree.

Sole paragraph. The caput does not apply to risk areas to be relocated as provided in § 2 of Art. 39 of Law 13,465, of 2017.

Art. 106

For the registration of acquisition of ownership through Land Legitimization in Federal Union areas promoted by legitimate parties other than the Federal Union itself, the constitution of real right in the beneficiaries' names shall be conditional on authorization by the Federal Union Patrimony Secretariat of the Ministry of Planning, Development and Management.

Art. 107

Real estate occupied by federal, state, district or municipal public administration agencies or entities located in informal urban settlements, situated in Federal Union areas and regularized through Reurb, shall be allocated under the patrimony legislation of the Federal Union.

Art. 108

The irregular occupant of Federal Union real estate resulting from Reurb-E who does not choose to acquire the real estate shall be registered at the Federal Union Patrimony Secretariat of the Ministry of Planning, Development and Management as an occupant, in accordance with the legislation in force.

Art. 109

Law 13,465, of 2017, and this Decree apply to the oceanic and coastal islands of the country, without prejudice to the relevant patrimony legislation in force.

Art. 109-A

Art. 34 applies to the Minha Casa Minha Vida Program (PMCMV), operated with resources of items II and III of the caput of Art. 2 of Law 11,977, of 2009. (Included by Decree 9,597, of 2018)

Art. 109-B

The procedures necessary for the promotion of Reurb on Federal Union areas under the management of the Federal Union Patrimony Secretariat of the Ministry of Planning, Development and Management whose promoter is not the Federal Union itself shall be preceded by the formalization of the transfer of the area or by the signing of a technical cooperation agreement or similar instrument between said Secretariat and those interested in promoting Reurb. (Included by Decree 9,597, of 2018)

Art. 110

This Decree enters into force on the date of its publication.

Brasília, March 15, 2018; 197th of Independence and 130th of the Republic.

MICHEL TEMER
Dyogo Henrique de Oliveira
Alexandre Baldy de Sant'Anna Braga
Eliseu Padilha

This text does not replace the one published in the Official Federal Gazette of March 16, 2018, as rectified on March 19, 2018.