Law 10,257, of July 10, 2001.

THE PRESIDENT OF THE REPUBLIC, I hereby make known that the NATIONAL CONGRESS decrees and I sanction the following Law:

Chapter I General Guidelines

Art. 1º

In the execution of the urban policy referred to in arts. 182 and 183 of the Federal Constitution, the provisions of this Law shall apply.

Sole paragraph. For all purposes, this Law, called the City Statute, establishes rules of public order and social interest that regulate the use of urban property for the collective good, for the safety and well-being of citizens, as well as for environmental balance.

Art. 2º

Urban policy has the objective of ordering the full development of the social functions of the city and of urban property, through the following general guidelines:

1. guarantee of the right to sustainable cities, understood as the right to urban land, housing, environmental sanitation, urban infrastructure, transportation and public services, work and leisure, for present and future generations;
2. democratic management through the participation of the population and of representative associations of the various segments of the community in the formulation, execution and monitoring of plans, programs and projects of urban development;
3. cooperation between governments, the private sector and other sectors of society in the urbanization process, in attention to social interest;
4. planning of the development of cities, of the spatial distribution of the population and of the economic activities of the Municipality and of the territory under its area of influence, so as to avoid and correct the distortions of urban growth and their negative effects on the environment;
5. provision of urban and community equipment, transportation and public services suitable to the interests and needs of the population and to local characteristics;
6. ordering and control of land use, so as to avoid:
   1. inadequate use of urban properties;
   2. proximity of incompatible or inconvenient uses;
   3. excessive or inadequate land subdivision, building or use in relation to urban infrastructure;
   4. the installation of developments or activities that may function as traffic-generating hubs, without provision of the corresponding infrastructure;
   5. speculative retention of urban property, resulting in its underuse or non-use;
   6. deterioration of urbanized areas;
   7. pollution and environmental degradation;
   8. exposure of the population to disaster risks. (Added by Law 12,608, of 2012)
7. integration and complementarity between urban and rural activities, in view of the socioeconomic development of the Municipality and of the territory under its area of influence;
8. adoption of standards of production and consumption of goods and services and of urban expansion compatible with the limits of environmental, social and economic sustainability of the Municipality and of the territory under its area of influence;
9. fair distribution of the benefits and burdens arising from the urbanization process;
10. adaptation of economic, tax and financial policy instruments and of public spending to the objectives of urban development, so as to privilege investments that generate general well-being and the enjoyment of assets by the different social segments;
11. recovery of public investments that have resulted in the appreciation of urban properties;
12. protection, preservation and recovery of the natural and built environment, of cultural, historical, artistic, landscape and archaeological heritage;
13. hearing of the municipal public authority and of the interested population in the implementation processes of developments or activities with potentially negative effects on the natural or built environment, the comfort or the safety of the population;
14. land regularization and urbanization of areas occupied by low-income population through the establishment of special rules of urbanization, land use and occupation, and building, considering the socioeconomic situation of the population and environmental rules;
15. simplification of legislation on land subdivision, use and occupation and of building rules, with a view to allowing reduction of costs and increase in the supply of lots and housing units;
16. equal conditions for public and private agents in the promotion of developments and activities related to the urbanization process, in compliance with social interest;
17. incentive to the use, in land subdivisions and in urban buildings, of operating systems, construction standards and technological inputs aimed at the reduction of environmental impacts and the saving of natural resources; (Added by Law 12,836, of 2013)
18. priority treatment for works and buildings of infrastructure for energy, telecommunications, water supply and sanitation; (Added by Law 13,116, of 2015)
19. guarantee of dignified conditions of accessibility, use and comfort in the internal areas of urban buildings, including those intended for housing and for domestic workers, observing minimum requirements of dimensioning, ventilation, lighting, ergonomics, privacy and quality of materials employed; (Added by Law 13,699, of 2018)
20. promotion of comfort, shelter, rest, well-being and accessibility in the enjoyment of open spaces of public use, of their furniture and of their interfaces with private-use spaces, prohibiting the use of materials, structures, equipment and construction techniques that are hostile and that have the objective or result of driving away homeless persons, the elderly, young people and other segments of the population; (Wording given by Law 14,489, of 2022)
21. adequate construction, installation, signage, sanitation and conservation of public and private collective-use equipment, with a view to accident prevention and protection of users' health. (Added by Law 15,333, of 2026)

Art. 3º

It is incumbent upon the Union, among other duties of interest to urban policy:

1. to legislate on general rules of urban law;
2. to legislate on rules for cooperation between the Union, the States, the Federal District and the Municipalities regarding urban policy, in view of the balance of development and well-being on a national scale;
3. to promote, on its own initiative and jointly with the States, the Federal District and the Municipalities, programs for the construction of housing and improvement of housing conditions, basic sanitation, sidewalks, public walkways, urban furniture and other spaces of public use; (Wording given by Law 13,146, of 2015)
4. to institute guidelines for urban development, including housing, basic sanitation, transportation and urban mobility, that include accessibility rules to places of public use; (Wording given by Law 13,146, of 2015)
5. to prepare and execute national and regional plans of territorial ordering and of economic and social development.

Chapter II Instruments of Urban Policy

Section I General instruments

Art. 4º

For the purposes of this Law, the following instruments shall be used, among others:

1. national, regional and state plans of territorial ordering and of economic and social development;
2. planning of metropolitan regions, urban agglomerations and microregions;
3. municipal planning, in particular:
   1. Master Plan;
   2. regulation of land subdivision, use and occupation;
   3. environmental zoning;
   4. pluriannual plan;
   5. budget guidelines and annual budget;
   6. participatory budget management;
   7. sectoral plans, programs and projects;
   8. plans of economic and social development;
4. tax and financial institutes:
   1. tax on urban building and land property, IPTU;
   2. betterment contribution;
   3. tax and financial incentives and benefits;
5. legal and political institutes:
   1. expropriation;
   2. administrative easement;
   3. administrative limitations;
   4. protective listing (tombamento) of properties or urban furniture;
   5. establishment of conservation units;
   6. establishment of ZEIS (Special Zones of Social Interest);
   7. concession of real right of use;
   8. special use concession for housing purposes;
   9. PEUC (Mandatory Subdivision, Building or Use);
   10. Special Urban Adverse Possession;
   11. surface rights;
   12. Right of First Refusal (Preemption);
   13. Charge for Additional Building Rights (OODC) and for Land Use Change;
   14. Transferable Development Rights (TDR);
   15. OUC (Consorted Urban Operations);
   16. land regularization;
   17. free technical and legal assistance to less-favored communities and social groups;
   18. popular referendum and plebiscite;
   19. urban demarcation for the purposes of land regularization; (Added by Law 11,977, of 2009)
   20. possession legitimization; (Added by Law 11,977, of 2009)
6. prior environmental impact study (EIA) and prior EIV (Neighborhood Impact Study).

§ 1º The instruments mentioned in this article are governed by their own legislation, observing the provisions of this Law.

§ 2º In cases of housing programs and projects of social interest, developed by Public Administration bodies or entities with specific action in this area, the concession of the real right of use of public properties may be contracted collectively.

§ 3º The instruments provided in this article that require expenditure of resources by the municipal public authority must be subject to social control, ensuring the participation of communities, movements and civil society entities.

Section II PEUC (Mandatory Subdivision, Building or Use)

Art. 5º

Specific municipal law for an area included in the Master Plan may determine the mandatory subdivision, building or use of unbuilt, underused or unused urban land, setting conditions and deadlines for implementation of the referred obligation.

§ 1º A property is considered underused:

1. whose utilization is inferior to the minimum defined in the Master Plan or in legislation derived from it;
2. (VETOED)

§ 2º The owner shall be notified by the municipal Executive Power for the fulfillment of the obligation, and the notification shall be recorded in the real estate registry.

§ 3º The notification shall be made:

1. by an officer of the competent body of the municipal Public Power, to the owner of the property or, if it is a legal entity, to those with general management or administration powers;
2. by public notice when, frustrated three times, the attempt at notification under inciso I.

§ 4º The deadlines referred to in the caput may not be less than:

1. one year, from the notification, to file the project with the competent municipal body;
2. two years, from project approval, to begin the works of the development.

§ 5º In large-scale developments, exceptionally, the specific municipal law referred to in the caput may provide for completion in stages, ensuring that the approved project encompasses the development as a whole.

Art. 6º

The transfer of the property, by act inter vivos or causa mortis, after the date of notification, transfers the obligations of subdivision, building or use provided for in art. 5º of this Law, without interruption of any deadlines.

Section III Progressive Property Tax over Time

Art. 7º

In case of noncompliance with the conditions and deadlines provided under the caput of art. 5º of this Law, or if the stages provided in § 5º of art. 5º of this Law are not fulfilled, the Municipality shall proceed with the application of the tax on urban building and land property (IPTU) progressively over time, by increasing the rate for a period of five consecutive years.

§ 1º The rate to be applied each year shall be set in the specific law referred to in the caput of art. 5º of this Law and shall not exceed twice the value referring to the previous year, respecting the maximum rate of fifteen percent.

§ 2º If the obligation to subdivide, build or use is not fulfilled within five years, the Municipality shall maintain the charge at the maximum rate, until the obligation is fulfilled, ensuring the prerogative provided in art. 8º.

§ 3º The granting of exemptions or amnesty relating to the progressive taxation addressed in this article is prohibited.

Section IV Expropriation with payment in bonds

Art. 8º

After five years of collection of progressive IPTU without the owner having fulfilled the obligation of subdivision, building or use, the Municipality may proceed to expropriate the property, with payment in public debt bonds.

§ 1º The public debt bonds shall have prior approval by the Federal Senate and shall be redeemed within up to ten years, in equal and successive annual installments, ensuring the real value of the indemnification and legal interest of six percent per year.

§ 2º The real value of the indemnification:

1. shall reflect the value of the IPTU calculation basis, deducting the amount incorporated as a function of works carried out by the Public Power in the area where it is located after the notification referred to in § 2º of art. 5º of this Law;
2. shall not include expectations of gains, lost profits and compensatory interest.

§ 3º The bonds referred to in this article shall not have liberatory power for the payment of taxes.

§ 4º The Municipality shall proceed with the adequate use of the property within a maximum period of five years, counted from its incorporation into public assets.

§ 5º The use of the property may be effected directly by the Public Power or through alienation or concession to third parties, observing, in such cases, the proper bidding procedure.

§ 6º The same obligations of subdivision, building or use provided in art. 5º of this Law remain in effect for the acquirer of property under the terms of § 5º.

Section V Special Urban Adverse Possession

Art. 9º

Whoever possesses as their own an urban area or building of up to two hundred and fifty square meters, for five years, uninterruptedly and without opposition, using it for their own or their family's housing, shall acquire title, provided they do not own another urban or rural property.

§ 1º The title shall be granted to the man or the woman, or to both, regardless of marital status.

§ 2º The right addressed in this article shall not be recognized for the same possessor more than once.

§ 3º For the purposes of this article, the legitimate heir continues, by right, the possession of their antecessor, provided they already reside in the property at the time of opening of succession.

Art. 10

Informal urban settlements existing without opposition for more than five years, and whose total area divided by the number of possessors is less than two hundred and fifty square meters per possessor, are susceptible to collective adverse possession, provided the possessors do not own another urban or rural property. (Wording given by Law 13,465, of 2017)

§ 1º The possessor may, in order to count the period required by this article, add their possession to that of their antecessor, provided both are continuous.

§ 2º Collective special adverse possession of urban property shall be declared by the judge by sentence, which shall serve as title for registration in the real estate registry.

§ 3º In the sentence, the judge shall attribute an equal ideal fraction of land to each possessor, regardless of the size of the land each one occupies, except in the case of a written agreement between condominium members, establishing differentiated ideal fractions.

§ 4º The special condominium constituted is indivisible, not subject to extinction, except by favorable deliberation taken by at least two-thirds of the condominium members, in the case of execution of urbanization subsequent to the constitution of the condominium.

§ 5º Deliberations relating to the administration of the special condominium shall be taken by majority vote of the condominium members present, also binding the others, dissenting or absent.

Art. 11

While the special urban adverse possession action is pending, any other actions, petitory or possessory, that may be filed regarding the property subject to adverse possession shall be stayed.

Art. 12

The following are legitimate parties to file a special urban adverse possession action:

1. the possessor, individually or in original or supervening joinder;
2. the possessors, in a state of co-possession;
3. as procedural substitute, the community residents' association, regularly constituted, with legal personality, provided it is explicitly authorized by the represented parties.

§ 1º In the special urban adverse possession action, the intervention of the Public Prosecutor's Office is mandatory.

§ 2º The author shall enjoy the benefits of free legal assistance, including before the real estate registry.

Art. 13

Special Urban Adverse Possession may be invoked as a defense, and the sentence recognizing it shall serve as title for registration in the real estate registry.

Art. 14

In the judicial action of Special Urban Adverse Possession, the procedural rite to be observed is the summary one.

Section VI Special use concession for housing purposes

Art. 15

(VETOED)

Art. 16

(VETOED)

Art. 17

(VETOED)

Art. 18

(VETOED)

Art. 19

(VETOED)

Art. 20

(VETOED)

Section VII Surface rights

Art. 21

The urban owner may grant to another the surface right of their land, for a determinate or indeterminate term, by public deed registered in the real estate registry.

§ 1º The surface right encompasses the right to use the soil, the subsoil or the airspace of the land, in the form established in the respective contract, in compliance with urban legislation.

§ 2º The granting of surface rights may be gratuitous or onerous.

§ 3º The surface holder shall fully bear the charges and taxes levied on the surface property, also bearing, proportionally to their share of effective occupation, the charges and taxes on the area subject to the granting of the surface right, except as otherwise provided in the respective contract.

§ 4º The surface right may be transferred to third parties, observing the terms of the respective contract.

§ 5º Upon the death of the surface holder, their rights are transmitted to their heirs.

Art. 22

In case of alienation of the land or of the surface right, the surface holder and the owner, respectively, shall have right of preference, under equal conditions to the offer of third parties.

Art. 23

Surface rights are extinguished:

1. by the advent of the term;
2. by noncompliance with the contractual obligations assumed by the surface holder.

Art. 24

Upon extinction of the surface right, the owner shall recover full title to the land, as well as to the accessions and improvements introduced on the property, regardless of indemnification, if the parties have not stipulated otherwise in the respective contract.

§ 1º Before the final term of the contract, the surface right shall be extinguished if the surface holder gives the land a destination different from that for which it was granted.

§ 2º The extinction of the surface right shall be recorded in the real estate registry.

Section VIII Right of First Refusal (Preemption)

Art. 25

The Right of First Refusal (Preemption) gives the municipal Public Power preference to acquire urban property subject to onerous alienation between private parties.

§ 1º Municipal law, based on the Master Plan, shall delimit the areas where the right of preemption shall apply and shall set a term of validity, not exceeding five years, renewable from one year after the elapse of the initial term of validity.

§ 2º The right of preemption is ensured during the term of validity set under § 1º, regardless of the number of alienations referring to the same property.

Art. 26

The right of preemption shall be exercised whenever the Public Power needs areas for:

1. land regularization;
2. execution of housing programs and projects of social interest;
3. constitution of land reserve;
4. ordering and direction of urban expansion;
5. installation of urban and community equipment;
6. creation of public leisure spaces and green areas;
7. creation of conservation units or protection of other areas of environmental interest;
8. protection of areas of historical, cultural or landscape interest;
9. (VETOED)

Sole paragraph. The municipal law provided in § 1º of art. 25 of this Law shall frame each area where the right of preemption shall apply in one or more of the purposes listed in this article.

Art. 27

The owner shall notify their intention to alienate the property, so that the Municipality, within a maximum period of thirty days, may express in writing its interest in purchasing it.

§ 1º To the notification mentioned in the caput shall be attached a purchase proposal signed by a third party interested in the acquisition of the property, stating price, payment conditions and term of validity.

§ 2º The Municipality shall publish, in an official outlet and in at least one local or regional newspaper of large circulation, a notice of the notification received under the caput and of the intention of acquisition of the property under the conditions of the proposal presented.

§ 3º Once the period mentioned in the caput has elapsed without manifestation, the owner is authorized to carry out the alienation to third parties, under the conditions of the proposal presented.

§ 4º Upon completion of the sale to a third party, the owner is required to present to the Municipality, within thirty days, a copy of the public instrument of alienation of the property.

§ 5º The alienation processed under conditions different from the proposal presented is null and void.

§ 6º Should the hypothesis provided in § 5º occur, the Municipality may acquire the property at the value of the IPTU calculation basis or at the value indicated in the proposal presented, if the latter is lower than the former.

Section IX Charge for Additional Building Rights (OODC)

Art. 28

The Master Plan may set areas where the right to build may be exercised above the basic Floor Area Ratio (FAR) adopted, subject to counterpart to be provided by the beneficiary.

§ 1º For the purposes of this Law, Floor Area Ratio is the relationship between buildable area and land area.

§ 2º The Master Plan may set a single basic Floor Area Ratio for the entire urban zone or differentiated for specific areas within the urban zone.

§ 3º The Master Plan shall define the maximum limits to be reached by the Floor Area Ratios, considering the proportionality between existing infrastructure and the increase in density expected in each area.

Art. 29

The Master Plan may set areas where land use change may be permitted, subject to counterpart to be provided by the beneficiary.

Art. 30

Specific municipal law shall establish the conditions to be observed for the OODC (Charge for Additional Building Rights) and for the Charge for Land Use Change, determining:

1. the calculation formula for the charge;
2. cases subject to exemption from payment of the charge;
3. the counterpart of the beneficiary.

Art. 31

Resources obtained from the adoption of the OODC and the Charge for Land Use Change shall be applied with the purposes provided in items I to IX of art. 26 of this Law.

Section X OUCs (Consorted Urban Operations)

Art. 32

Specific municipal law, based on the Master Plan, may delimit an area for application of consorted operations.

§ 1º An OUC (Consorted Urban Operation) is considered the set of interventions and measures coordinated by the municipal Public Power, with the participation of owners, residents, permanent users and private investors, with the objective of achieving in an area structural urban transformations, social improvements and environmental appreciation.

§ 2º The following may be provided in OUCs, among other measures:

1. modification of indices and characteristics of land subdivision, use and occupation, as well as changes to building rules, considering the environmental impact arising from them;
2. regularization of constructions, reforms or expansions executed in disagreement with current legislation;
3. granting of incentives to urban operations that use technologies aimed at the reduction of environmental impacts, and that prove the use, in constructions and use of urban buildings, of technologies that reduce environmental impacts and save natural resources, specifying the modalities of design and works to be considered. (Added by Law 12,836, of 2013)

Art. 33

The specific law that approves the OUC shall contain the OUC plan, including, at a minimum:

1. definition of the area to be reached;
2. basic occupation program of the area;
3. program of economic and social assistance for the population directly affected by the operation;
4. purposes of the operation;
5. prior EIV (Neighborhood Impact Study);
6. counterpart to be required from owners, permanent users and private investors based on the use of benefits provided in items I, II and III of § 2º of art. 32 of this Law; (Wording given by Law 12,836, of 2013)
7. form of control of the operation, mandatorily shared with representation of civil society;
8. nature of incentives to be granted to owners, permanent users and private investors, once the provisions of item III of § 2º of art. 32 of this Law have been met. (Added by Law 12,836, of 2013)

§ 1º Resources obtained by the municipal Public Power under item VI of this article shall be applied exclusively in the OUC itself.

§ 2º From the approval of the specific law referred to in the caput, licenses and authorizations issued by the municipal Public Power in disagreement with the OUC plan are null.

Art. 34

The specific law that approves the OUC may provide for the issuance by the Municipality of a determined quantity of CEPACs (Certificates of Additional Construction Potential), which shall be alienated at auction or used directly in payment of the works necessary to the operation itself.

§ 1º CEPACs shall be freely negotiated, but convertible into building rights solely in the area subject to the operation.

§ 2º Once a building permit is requested, the CEPAC shall be used in payment of the construction area exceeding the standards established by land use and occupation legislation, up to the limit set by the specific law that approves the OUC.

Art. 34-A (Added by Law 13,089, of 2015)

In metropolitan regions or in urban agglomerations established by state supplementary law, interfederative OUCs may be carried out, approved by specific state laws.

Sole paragraph. The provisions of arts. 32 to 34 of this Law apply to the interfederative OUCs provided in the caput of this article, where applicable.

Section XI Transferable Development Rights (TDR)

Art. 35

Municipal law, based on the Master Plan, may authorize the owner of urban property, private or public, to exercise elsewhere, or to alienate, by public deed, the right to build provided in the Master Plan or in urban legislation derived from it, when the said property is considered necessary for purposes of:

1. installation of urban and community equipment;
2. preservation, when the property is considered of historical, environmental, landscape, social or cultural interest;
3. serving programs of land regularization, urbanization of areas occupied by low-income population and Social Interest Housing.

§ 1º The same faculty may be granted to the owner who donates to the Public Power their property, or part of it, for the purposes provided in items I to III of the caput.

§ 2º The municipal law referred to in the caput shall establish the conditions regarding the application of TDR.

Section XII EIV (Neighborhood Impact Study)

Art. 36

Municipal law shall define the private or public developments and activities in urban areas that will depend on the preparation of a prior EIV (Neighborhood Impact Study) to obtain licenses or authorizations of construction, expansion or operation under the municipal Public Power.

Art. 37

The EIV shall be executed to address the positive and negative effects of the development or activity on the quality of life of the population residing in the area and its surroundings, including the analysis, at a minimum, of the following issues:

1. population density;
2. urban and community equipment;
3. land use and occupation;
4. real estate appreciation;
5. urban mobility, traffic generation and demand for public transport; (Wording given by Law 14,849, of 2024)
6. ventilation and lighting;
7. urban landscape and natural and cultural heritage.

Sole paragraph. Publicity shall be given to the documents that compose the EIV, which shall be available for consultation, at the competent body of the municipal Public Power, by any interested party.

Art. 38

The preparation of the EIV does not substitute the preparation and approval of a prior environmental impact study (EIA), required under environmental legislation.

Chapter III Master Plan

Art. 39

Urban property fulfills its social function when it meets the fundamental requirements of city ordering expressed in the Master Plan, ensuring the satisfaction of the citizens' needs regarding quality of life, social justice and the development of economic activities, respecting the guidelines provided in art. 2º of this Law.

Art. 40

The Master Plan, approved by municipal law, is the basic instrument of urban development and expansion policy.

§ 1º The Master Plan is part of the municipal planning process, and the pluriannual plan, the budget guidelines and the annual budget shall incorporate the guidelines and priorities contained in it.

§ 2º The Master Plan shall encompass the Municipality's territory as a whole.

§ 3º The law that institutes the Master Plan shall be revised at least every ten years.

§ 4º In the process of preparing the Master Plan and in the supervision of its implementation, the municipal Legislative and Executive Powers shall ensure:

1. the promotion of public hearings and debates with the participation of the population and of representative associations of the various segments of the community;
2. publicity of the documents and information produced;
3. access by any interested party to the documents and information produced.

§ 5º (VETOED)

Art. 41

The Master Plan is mandatory for cities:

1. with more than twenty thousand inhabitants;
2. that are part of metropolitan regions and urban agglomerations;
3. where the municipal Public Power intends to use the instruments provided in § 4º of art. 182 of the Federal Constitution;
4. that are part of areas of special tourist interest;
5. inserted in the area of influence of developments or activities with significant environmental impact of regional or national scope;
6. included in the national registry of Municipalities with areas susceptible to the occurrence of large-impact landslides, flash floods or related geological or hydrological processes. (Added by Law 12,608, of 2012)

§ 1º In the case of the realization of developments or activities classified under inciso V of the caput, technical and financial resources for the preparation of the Master Plan shall be included among the compensation measures adopted.

§ 2º In the case of cities with more than five hundred thousand inhabitants, an integrated urban transport plan shall be prepared, compatible with the Master Plan or inserted in it.

§ 3º The cities addressed in the caput of this article shall prepare an accessible route plan, compatible with the Master Plan in which it is inserted, providing for the public walkways to be installed or reformed by the public power, with a view to ensuring accessibility of persons with disabilities or with reduced mobility to all existing routes and roads, including those that concentrate the largest foci of pedestrian circulation, such as public bodies and places providing public and private services of health, education, social assistance, sports, culture, postal and telegraph services, banks, among others, whenever possible in an integrated manner with passenger collective transport systems. (Added by Law 13,146, of 2015)

Art. 42

The Master Plan shall contain at a minimum:

1. the delimitation of urban areas where PEUC (Mandatory Subdivision, Building or Use) may be applied, considering the existence of infrastructure and demand for use, in the form of art. 5º of this Law;
2. provisions required by arts. 25, 28, 29, 32 and 35 of this Law;
3. monitoring and control system.

Art. 42-A (Added by Law 12,608, of 2012)

In addition to the content provided in art. 42, the Master Plan of Municipalities included in the national registry of municipalities with areas susceptible to the occurrence of large-impact landslides, flash floods or related geological or hydrological processes shall contain:

1. parameters of land subdivision, use and occupation, so as to promote the diversity of uses and to contribute to job and income generation;
2. mapping containing the areas susceptible to the occurrence of large-impact landslides, flash floods or related geological or hydrological processes;
3. planning of preventive intervention actions and relocation of population from disaster risk areas;
4. urban drainage measures necessary for the prevention and mitigation of disaster impacts; and
5. guidelines for the land regularization of irregular urban settlements, if any, observing Law 11,977, of July 7, 2009, and other pertinent federal and state rules, and provision of areas for Social Interest Housing through the demarcation of ZEIS (Special Zones of Social Interest) and other urban policy instruments, where housing use is permitted;
6. identification of and guidelines for the preservation and occupation of municipal green areas, when applicable, with a view to the reduction of soil sealing of cities. (Added by Law 12,983, of 2014)

§ 1º The identification and mapping of risk areas shall take into account geotechnical charts.

§ 2º The content of the Master Plan shall be compatible with the provisions inserted in the water resources plans, formulated in accordance with Law 9,433, of January 8, 1997.

§ 3º Municipalities shall adapt the Master Plan to the provisions of this article, on the occasion of its revision, observing legal deadlines.

§ 4º Municipalities classified under inciso VI of art. 41 of this Law and that do not have an approved Master Plan shall have a period of 5 (five) years for its submission for approval by the Municipal Council.

Art. 42-B (Added by Law 12,608, of 2012)

Municipalities that intend to expand their urban perimeter after the date of publication of this Law shall prepare a specific project containing, at a minimum:

1. demarcation of the new urban perimeter;
2. delimitation of sections with restrictions on urbanization and of sections subject to special control due to threat of natural disasters;
3. definition of specific guidelines and of areas to be used for infrastructure, road system, equipment and public installations, urban and social;
4. definition of parameters of land subdivision, use and occupation, so as to promote the diversity of uses and to contribute to job and income generation;
5. provision of areas for Social Interest Housing through the demarcation of ZEIS (Special Zones of Social Interest) and other urban policy instruments, when housing use is permitted;
6. definition of specific guidelines and instruments for the protection of the environment and of historical and cultural heritage; and
7. definition of mechanisms to ensure the fair distribution of the burdens and benefits arising from the urbanization process of the urban expansion territory and the recovery for the community of real estate appreciation resulting from the action of the public power;
8. integrated planning of urban transport, including by non-motorized vehicles, with a view to improving mobility. (Added by Law 14,729, of 2023)

§ 1º The specific project addressed in the caput of this article shall be instituted by municipal law and shall meet the guidelines of the Master Plan, where it exists.

§ 2º When the Master Plan contemplates the requirements established in the caput, the Municipality is exempt from preparing the specific project addressed in the caput of this article.

§ 3º The approval of land subdivision projects in the new urban perimeter is conditioned on the existence of the specific project and shall observe its provisions.

Chapter IV Democratic Management of the City

Art. 43

To ensure democratic management of the city, the following instruments shall be used, among others:

1. collegiate bodies of urban policy, at the national, state and municipal levels;
2. debates, public hearings and consultations;
3. conferences on matters of urban interest, at the national, state and municipal levels;
4. popular initiative for bills of law and for plans, programs and projects of urban development;
5. (VETOED)

Art. 44

In the municipal sphere, the participatory budget management referred to in item f of inciso III of art. 4º of this Law shall include debates, public hearings and consultations on the proposals of the pluriannual plan, the budget guidelines law and the annual budget, as a mandatory condition for its approval by the Municipal Council.

Art. 45

Management bodies of metropolitan regions and urban agglomerations shall include mandatory and significant participation of the population and of representative associations of the various segments of the community, so as to ensure direct control of their activities and the full exercise of citizenship.

Chapter V General Provisions

Art. 46

The municipal public power may grant to the owner of the area affected by the obligation addressed in the caput of art. 5º of this Law, or subject to urban land regularization for land regularization purposes, the establishment of a real estate consortium as a means of financial feasibility of the use of the property. (Wording given by Law 13,465, of 2017)

§ 1º A real estate consortium is considered the means of feasibility of urbanization, land regularization or reform, conservation or construction plans, through which the owner transfers to the municipal public power their property and, after the works, receives, as payment, real estate units duly urbanized or built, with the remaining units incorporated into public assets. (Wording given by Law 13,465, of 2017)

§ 2º The value of the real estate units to be delivered to the owner shall correspond to the value of the property before the execution of works. (Wording given by Law 13,465, of 2017)

§ 3º The instauration of the real estate consortium by owners who have caused the formation of informal urban settlements, or by their successors, shall not exempt them from administrative, civil or criminal liability. (Added by Law 13,465, of 2017)

Art. 47

Taxes on urban properties, as well as rates relating to urban public services, shall be differentiated according to social interest.

Art. 48

In cases of housing programs and projects of social interest, developed by Public Administration bodies or entities with specific action in this area, contracts for the concession of real right of use of public properties:

1. shall have, for all legal purposes, the character of a public deed, with item II of art. 134 of the Civil Code not applying;
2. shall constitute a title of mandatory acceptance as collateral for housing financing contracts.

Art. 49

The States and Municipalities shall have a period of ninety days, from the entry into force of this Law, to set deadlines, by law, for the issuance of guidelines for urban developments, approval of subdivision and building projects, performance of inspections and issuance of works verification and completion certificates.

Sole paragraph. If the determination of the caput is not complied with, the period of sixty days is established for the performance of each of the referred administrative acts, which shall be valid until the States and Municipalities provide otherwise by law.

Art. 50

Municipalities classified under the obligation provided in items I and II of the caput of art. 41 of this Law and that do not have an approved Master Plan on the date of entry into force of this Law shall approve it by June 30, 2008. (Wording given by Law 11,673, of 2008)

Art. 51

For the purposes of this Law, the provisions relating to Municipality and Mayor apply, respectively, to the Federal District and to the Governor of the Federal District.

Art. 52

Without prejudice to the punishment of other public agents involved and to the application of other applicable sanctions, the Mayor incurs in administrative misconduct, under the terms of Law 8,429, of June 2, 1992, when:

1. (VETOED)
2. fails to proceed, within five years, with the adequate use of the property incorporated into public assets, in accordance with the provisions of § 4º of art. 8º of this Law;
3. uses areas obtained through the right of preemption in disagreement with the provisions of art. 26 of this Law;
4. applies the resources obtained from the OODC and Charge for Land Use Change in disagreement with the provisions of art. 31 of this Law;
5. applies the resources obtained from consorted operations in disagreement with the provisions of § 1º of art. 33 of this Law;
6. prevents or fails to ensure the requirements contained in items I to III of § 4º of art. 40 of this Law;
7. fails to take the necessary measures to ensure compliance with the provisions of § 3º of art. 40 and of art. 50 of this Law;
8. acquires property subject to the right of preemption, under the terms of arts. 25 to 27 of this Law, at the value of the proposal presented, if this is, demonstrably, higher than the market value.

Art. 53

Art. 1º of Law 7,347, of July 24, 1985, shall be in force with the addition of a new item III, renumbering the current item III and subsequent ones: (Repealed by Provisional Measure 2,180-35, of 8.24.2001)

"Art. 1º .........................................................

...................................................................

III, to urban order;

.........................................................." (NR)

Art. 54

Art. 4º of Law 7,347, of 1985, shall be in force with the following wording:

"Art. 4º A precautionary action may be filed for the purposes of this Law, aiming, including, to prevent damage to the environment, to the consumer, to the urban order or to assets and rights of artistic, aesthetic, historical, tourist and landscape value (VETOED)." (NR)

Art. 55

Art. 167, inciso I, item 28, of Law 6,015, of December 31, 1973, as amended by Law 6,216, of June 30, 1975, shall be in force with the following wording:

"Art. 167. ......................................................

I, ..............................................................

..................................................................

28) declaratory sentences of adverse possession, regardless of the regularity of the land subdivision or of the building;

........................................................." (NR)

Art. 56

Art. 167, inciso I, of Law 6,015, of 1973, shall be in force with the addition of the following items 37, 38 and 39:

"Art. 167. .......................................................

I, ..............................................................

37) administrative terms or declaratory sentences of the special use concession for housing purposes, regardless of the regularity of the land subdivision or of the building;

38) (VETOED)

39) constitution of the surface right of urban property;" (NR)

Art. 57

Art. 167, inciso II, of Law 6,015, of 1973, shall be in force with the addition of the following items 18, 19 and 20:

"Art. 167. .......................................................

II, ..............................................................

18) notification for PEUC (Mandatory Subdivision, Building or Use) of urban property;

19) extinction of the special use concession for housing purposes;

20) extinction of the surface right of the urban property." (NR)

Art. 57-A (Added by Law 14,273, of 2021)

The rail operator, including metro-rail operators, may constitute the real slab right addressed in Law 10,406, of January 10, 2002 (Civil Code), and the surface right addressed in this Law, over or under the right-of-way of its rail line, observing the Master Plan and the respective concession contract with the granting authority.

Sole paragraph. The constitution of the real slab or surface right referred to in the caput of this article is conditioned on the prior existence of municipal urban licensing, which shall establish the urban burdens to be observed and the right to build incorporated into each real estate unit.

Art. 58

This Law enters into force after ninety days have elapsed from its publication.

Brasília, July 10, 2001; 180th of Independence and 113th of the Republic.

FERNANDO HENRIQUE CARDOSO
Paulo de Tarso Ramos Ribeiro
Geraldo Magela da Cruz Quintão
Pedro Malan
Benjamin Benzaquen Sicsú
Martus Tavares
José Sarney Filho
Alberto Mendes Cardoso

This text does not replace the one published in the Official Federal Gazette of July 11, 2001 and corrected on July 17, 2001.