THE VICE-PRESIDENT OF THE REPUBLIC, in the exercise of the office of PRESIDENT OF THE REPUBLIC, I hereby make known that the National Congress decrees and I sanction the following Law:

Chapter I Of the Minha Casa, Minha Vida Program · PMCMV

Art. 1º (Wording given by Law 14,620, of 2023)

The Minha Casa, Minha Vida Program (PMCMV) has the purpose of creating mechanisms to encourage the production, acquisition and requalification of residential properties and the production or renovation of rural housing, intended for families living in urban areas with monthly income of up to R$ 8,000.00 (eight thousand reais) and for families living in rural areas with annual income of up to R$ 96,000.00 (ninety-six thousand reais).

§ 1º PMCMV comprises the following subprograms:

1. the National Urban Housing Program (PNHU);
2. the National Rural Housing Program (PNHR).

§ 2º For the purposes of this Law, the following are considered:

1. family: nuclear unit composed of one or more individuals who contribute to its income or whose expenses are met by it, encompassing all kinds recognized by the Brazilian legal system, including the single-person family;
2. new property: housing unit with up to one hundred and eighty days of occupancy permit, or equivalent document issued by the competent municipal public body, or, in cases of longer term, which has not been inhabited or sold;
3. public offering of resources: procedure carried out by the public authority, with objective selection criteria, intended for contracting financing operations or economic subsidies under PMCMV.

Art. 2º

For the implementation of PMCMV, the Union, subject to budgetary and financial availability:

1. shall transfer resources to the Residential Lease Fund (FAR) and to the Social Development Fund (FDS);
2. shall grant economic subsidy to the National Bank for Economic and Social Development (BNDES);
3. shall grant economic subsidy through Banco do Brasil S.A. and Caixa Econômica Federal, in the form of supplements to property prices in operations carried out under PMCMV;
4. shall participate in the Popular Housing Guarantor Fund (FGHab);
5. shall transfer resources to the National Fund for Housing of Social Interest (FNHIS);
6. shall grant economic subsidy in financing operations for the production or renovation of rural housing, contracted exclusively with financial agents of the National Rural Credit System.

Art. 3º (Wording given by Law 12,424, of 2011)

For the designation of PMCMV beneficiaries, the following requirements must be observed:

1. proof that the interested party belongs to a family with monthly income up to the limit established by regulation;
2. prioritization brackets, in accordance with the criteria defined by the Ministry of Cities, with mandatory inclusion of families living in risk or unsanitary areas, those who have been left homeless or who lost their housing due to floods, inundations, overflows or any natural disasters of this kind;
3. priority for families with women as the head of the household;
4. priority for families that include persons with disabilities.

§ 1º In urban areas, the priority criteria for service shall also include:

1. the donation by States, Municipalities and the Federal District of land located in consolidated urban areas for the implementation of program-linked developments;
2. the implementation by States, Municipalities and the Federal District of tax relief measures for buildings intended for social interest housing;
3. the implementation by Municipalities of the instruments of Law 10,257, of July 10, 2001, aimed at controlling the retention of idle urban land.

§ 2º The purchase of construction materials with resources from the economic subsidy referred to in item III of Art. 2º is exempt from presenting the documents related to tax regularity provided for in Art. 27 of Law 8,666, of June 21, 1993.

Section II Of the National Urban Housing Program (PNHU)

Art. 4º (Wording given by Law 14,620, of 2023)

PNHU has the purpose of promoting the production, acquisition, requalification or renovation of residential properties in urban areas for families with monthly income up to R$ 8,000.00 (eight thousand reais).

Art. 5º

For the implementation of PNHU, the Union shall grant economic subsidy to the individual beneficiary at the time of contracting the housing financing, with the purpose of facilitating the acquisition, production and requalification of the residential property, or in the cases of renovation or construction of housing on land owned by the beneficiary.

§ 1º The economic subsidy referred to in the caput shall be granted exclusively to borrowers with monthly family income up to the limit defined by act of the federal Executive Branch, and may be cumulative with subsidies granted under the Housing Financial System (SFH).

§ 2º It is the responsibility of the federal Executive Branch to set the values of the economic subsidy referred to in the caput, observing the maximum appraisal value of the property to be acquired or produced with said subsidy.

Art. 5º-A (Included by Law 12,424, of 2011)

It shall be the responsibility of the Ministry of Cities to manage PNHU, with the duty to define its guidelines, rules and conditions, especially the following:

1. regional distribution of resources and the setting of complementary criteria for that distribution;
2. setting of parameters for the definition of beneficiaries and rules of service;
3. setting of operational conditions for payment and control of the discount referred to in item II of § 1º of Art. 6º.

Art. 6º

The resources of the economic subsidy referred to in item II of the caput of Art. 2º shall be allocated to:

1. operations in urban areas, in the cases of acquisition, production, requalification or renovation of residential property, linked to:
   1. the granting of financing to the individual beneficiary;
   2. the production or requalification of developments.
2. operations in rural areas, in the cases of production or renovation of housing, linked to the granting of financing to the individual beneficiary.

§ 1º The economic subsidy referred to in the caput may be granted:

1. in the cases of item I, point a, of the caput, through Banco do Brasil S.A. and Caixa Econômica Federal, in the form and with the instruments defined by regulation;
2. in the cases of item I, point b, of the caput, by discount to the legal entity developer, to be paid to the final beneficiary in the form defined by regulation, subject to the requirements relating to the housing program;
3. in the cases of item II of the caput, through financial agents of the National Rural Credit System.

Art. 6º-A (Wording given by Law 14,620, of 2023)

Contracts and registrations carried out under PMCMV shall be formalized, preferably, in the name of the woman and, in the event of a household headed by a woman, may be signed regardless of the spouse's consent, setting aside the application of the provisions of Arts. 1,647 to 1,649 of Law 10,406, of January 10, 2002 (Civil Code).

§ 1º In the cases of dissolution of a stable union, separation or divorce, the property title of the property acquired under PMCMV, during marriage or stable union, with subsidies from resources of the general budget of the Union, of the Residential Lease Fund (FAR) and of the Social Development Fund (FDS), shall be registered in the name of the woman or transferred to her, regardless of the applicable property regime, except as provided for in § 2º.

§ 2º In cases where there are children of the couple and custody is granted exclusively to the husband or partner, the property title shall be registered in his name or transferred to him.

Art. 6º-B (Included by Law 12,424, of 2011)

The acquisition, by the Residential Lease Fund (FAR), by the Social Development Fund (FDS) and by the National Fund for Housing of Social Interest (FNHIS), of properties for sale under PMCMV may be carried out at a value higher than the appraisal performed by the financial institution responsible for the operation, provided it is justified, based on objective criteria defined by the Ministry of Cities.

Art. 6º-C (Included by Law 12,424, of 2011)

In emergency situations or public calamity recognized by the Union, FAR resources may be allocated to the construction of properties to provide emergency housing for populations at risk or those who lost their housing due to the corresponding events.

Art. 7º

In urban areas, observing the income brackets defined by regulation, the economic subsidy referred to in item II of Art. 2º shall be granted for:

1. acquisition of a new residential property;
2. acquisition, requalification or renovation of a residential property;
3. production of a residential property by an individual.

Art. 7º-A (Wording given by Law 14,620, of 2023)

Beneficiaries of PMCMV operations must fulfill the following requirements, in the form and conditions established by regulation:

1. belong to a family with monthly income compatible with the service bracket;
2. not be the owner, assignee or prospective buyer of another residential property;
3. not have received other housing-related benefits from budgetary resources of the Union, from FAR, FDS, FNHIS or from housing discounts granted with resources of the FGTS (Severance Guarantee Fund).

Art. 7º-B (Included by Law 12,424, of 2011)

The contract for the acquisition of property, with financing and economic subsidy from PMCMV, shall contain a termination clause for breach of obligations by the acquirer, especially non-payment of installments or of taxes and fees levied on the property, or non-occupancy within the term established by regulation.

Art. 7º-C (Included by Law 12,424, of 2011)

To guarantee the legitimate possession of residential properties built with PMCMV resources, the execution of social lease contracts and use assignment contracts for the property is authorized, as provided by regulation.

Art. 7º-D (Included by Law 12,424, of 2011)

To guarantee the legitimate possession of residential properties built with PMCMV resources or allocated by FAR and FDS, the transfer of precarious possession to beneficiaries is authorized in place of full ownership, in the form defined by regulation.

Art. 7º-E (Included by Law 12,424, of 2011)

The provisions of Arts. 7º-A, 7º-B and 7º-C of this Law apply, as applicable, to the other subprograms that form part of PMCMV.

Art. 8º

In urban areas, the Union's participation in PMCMV-Entities shall take place through the granting of financing directly to individual beneficiaries, grouped through organizing entities, with the allocation of resources from the Social Development Fund (FDS).

Art. 8º-A (Included by Law 12,424, of 2011)

The Ministry of Cities, in operations carried out under PMCMV, is authorized to define parameters relating to beneficiaries, financing conditions, development values and minimum counterparts, with a view to adjusting operations to the regional diversity of the country.

Art. 9º

The economic subsidy referred to in item II of Art. 2º shall have as one of its purposes the payment of part of the value of the properties to be marketed by builders to individual PMCMV beneficiaries.

Art. 10

It is the responsibility of the States, the Federal District and the Municipalities:

1. to disseminate and encourage the program within their area of competence;
2. to adopt tax relief measures, within their attributions, for buildings intended for social interest housing;
3. to donate or assign land located in consolidated urban areas for the implementation of program developments, in the form defined by regulation;
4. the land regularization of housing areas.

Section III Of the National Rural Housing Program (PNHR)

Art. 11 (Wording given by Law 14,620, of 2023)

PNHR has the purpose of subsidizing the production or renovation of properties for family farmers and rural workers, through financing operations or public offering of resources, contracted exclusively with financial agents of the National Rural Credit System.

Art. 13

The economic subsidy referred to in item VI of Art. 2º shall be granted at the time of formalizing operations for the production or renovation of rural housing, and may have as the beneficiary's counterpart, among other forms, his or her labor, as set out in regulation.

Art. 14

In cases of use of the beneficiary's labor or community self-build (mutirão) as the PNHR beneficiary's counterpart, the financial agent is exempted from the requirement of formalizing a works contract for the construction of the housing unit.

Art. 15

The Executive Branch shall define the requirements of the beneficiary's counterpart and the criteria for measuring and accepting the services provided by the PNHR beneficiary.

Art. 16

The provisions of Arts. 5º-A, 6º, 6º-A, 6º-B, 7º-A, 7º-B and 7º-C of this Law apply, as applicable, to PNHR.

Art. 17

It is the responsibility of the States, the Federal District and the Municipalities, in relation to PNHR:

1. to disseminate and encourage the program;
2. to support the selection and registration of beneficiaries.

Section IV Of the economic subsidy to BNDES for the implementation of urban infrastructure

Art. 18

The Union is hereby authorized to grant economic subsidy to the National Bank for Economic and Social Development (BNDES), in the form of equalization of interest rates, in financing operations contracted with States, the Federal District and Municipalities intended for the execution of infrastructure works, under PMCMV.

Art. 19

The interest equalization referred to in Art. 18 shall represent the differential between the cost of the source of funding for BNDES, plus its compensation and credit risk, and the charge applied to the final borrower, and may, in each operation, reach at most the annual limit established by regulation.

Section V Of the Popular Housing Guarantor Fund (FGHab)

Art. 20

The Union is hereby authorized to participate, subject to its budgetary and financial availability, in the Popular Housing Guarantor Fund (FGHab), whose purposes shall be:

1. to guarantee payment to financial agents of monthly installments of housing financing, under the Housing Financial System (SFH), owed by the final borrower, in case of unemployment and temporary reduction of the ability to pay, for families with monthly income up to R$ 4,500.00 (four thousand five hundred reais);
2. to assume the outstanding balance of real estate financing, in case of death and permanent disability, and the recovery expenses related to physical damage to the property, for borrowers with monthly family income up to R$ 4,500.00 (four thousand five hundred reais);
3. to guarantee, directly or indirectly, the full payment of shares by shareholders who do not demonstrate regular compliance with their obligations to FGHab.

Art. 21

The contracting of the guarantees provided by FGHab is permitted in the cases of housing financing granted with SFH resources to borrowers whose monthly family income exceeds R$ 4,500.00 (four thousand five hundred reais).

Art. 22

FGHab shall not pay income to its shareholders and its assets shall be invested in federal government bonds and bank deposits, subject to the conditions defined by regulation.

Art. 23

Income earned by FGHab is exempt from income tax and other earnings of any nature.

Art. 24

FGHab shall be created, administered, managed and represented judicially and extrajudicially by a financial institution controlled, directly or indirectly, by the Union, in compliance with the rules referred to in item XXII of Art. 4º of Law 4,595, of December 31, 1964.

Art. 25

The Committee for Participation in the Popular Housing Guarantor Fund (CPFGHab) is hereby created, with the purpose of establishing the guidelines and criteria for the operation of FGHab.

Art. 26

FGHab shall have no kind of guarantee or surety from the public authority and shall respond for its obligations up to the limit of the assets and rights forming its estate.

Art. 27

The guarantee referred to in item II of Art. 20 shall be provided by an institution authorized to operate with insurance, contracted by the FGHab administrator, subject to applicable regulations.

Art. 27-A (Wording given by Law 14,620, of 2023)

The guarantees referred to in items III and IV of the caput of Art. 20 of this Law shall be provided by FGHab up to the limit established by act of CPFGHab.

Art. 28

Housing financing guaranteed by FGHab shall observe the conditions established by the FGTS Trustee Council and by the National Monetary Council, according to the source of the resources used.

Art. 29

FGHab shall grant a guarantee for up to two million housing financings contracted by December 31, 2014.

Art. 30

The coverages of FGHab, described in Art. 20 of this Law, shall be provided in accordance with the coverage limits, terms and other conditions established by CPFGHab.

Art. 30-A (Included by Law 12,424, of 2011)

FGHab coverages shall be provided to financial institutions members of SFH that join the Fund in the form set out in regulation.

Art. 31

The dissolution of FGHab shall be conditional upon prior settlement of all guaranteed debts or the transfer of that guarantee to another entity, with the authorization of CPFGHab.

Art. 32

Once FGHab is dissolved, its assets shall be distributed among the shareholders, based on their share in the Fund's total shares.

Section VI Of the economic subsidy in rural financing operations

Art. 33

The Union is hereby authorized to grant economic subsidy, in the form of equalization of interest rates and other financial charges, in financing operations for the production or renovation of rural housing, contracted exclusively with financial agents of the National Rural Credit System.

Art. 34

The granting of the subsidy referred to in Art. 33 is conditional upon the formalization of operations by December 31, 2014 and the annual limit to be established by act of the Executive Branch.

Section VII Other PMCMV provisions

Art. 35

Contracts and registrations carried out under PMCMV shall be formalized, preferably, in the name of the woman.

Art. 35-A (Included by Law 12,424, of 2011)

In the cases of dissolution of stable union, separation or divorce, the property title of the property acquired under PMCMV, during marriage or stable union, with subsidies from resources of the general budget of the Union, of FAR and of FDS, shall be registered in the name of the woman or transferred to her, regardless of the applicable property regime, except in cases where there are children of the couple whose custody is granted exclusively to the husband or partner.

Art. 36

The lots intended for housing production under PMCMV shall constitute assets of the development, linked to the project's purpose, as set out in regulation.

Chapter II Of the Electronic Registry and PMCMV Documentation

Art. 37 (Wording given by Law 14,382, of 2022)

The public registry services referred to in Law 6,015, of December 31, 1973, subject to the terms and conditions provided for in regulation, are required to perform electronically the acts pertinent to the Electronic System of Public Registries (Serp), pursuant to applicable legislation.

Art. 38 (Wording given by Law 14,382, of 2022)

Electronic documents submitted to public registry services or issued by them must comply with the requirements of the Brazilian Public Key Infrastructure (ICP-Brasil) and meet the technical standards established by the National Corregidor's Office of Justice of the National Council of Justice.

Art. 39

Registry acts performed from the entry into force of Law 11,977, of July 7, 2009, shall be exclusively electronic, subject to the terms and conditions provided for in regulation, with the maintenance of physical books dispensed with.

Art. 40

Regulation shall define the requirements regarding operation, security and integrity of the systems, as well as the deadlines for the implementation of electronic registration by registry offices.

Art. 41 (Wording given by Law 14,382, of 2022)

From the implementation of the electronic registration system referred to in Art. 37, public registry services shall make available to the Public Authority and to private parties, in the form of legislation, information on registry acts and on registered properties.

Art. 42 (Wording given by Law 12,424, of 2011)

The registry fees due for the acts of opening property title records, registering developments, land subdivision, building certification, instituting condominiums, registering occupancy permits and other acts related to the construction of housing units under the PMCMV regime shall be reduced by:

1. seventy-five percent for developments whose built or acquired housing unit has a value of up to R$ 75,000.00 (seventy-five thousand reais);
2. fifty percent for developments whose built or acquired housing unit has a value between R$ 75,000.00 and R$ 150,000.00 (one hundred and fifty thousand reais).

Art. 43 (Wording given by Law 12,424, of 2011)

The fees relating to public deeds, when required, to the registration of the sale of property and corresponding real guarantees, under PMCMV, and to other acts relating to the first residential property acquired or financed by the PMCMV beneficiary, shall be reduced:

1. by eighty percent, when it is the first residential property whose value is up to R$ 75,000.00 (seventy-five thousand reais);
2. by sixty percent, when it is the first residential property whose value is between R$ 75,000.00 and R$ 150,000.00 (one hundred and fifty thousand reais).

Art. 43-A (Included by Law 12,424, of 2011)

The reductions referred to in Arts. 42 and 43 of this Law also apply to the registry and notarial acts relating to developments contracted under the FDS Solidarity Credit program and other housing programs executed with Union resources.

Art. 43-B (Wording given by Law 14,620, of 2023)

The reduction provided for in item II of the caput of Art. 42 and in item II of the caput of Art. 43 of this Law applies to residential properties whose appraisal value does not exceed the maximum limit established by act of the federal Executive Branch for SFH framing.

Art. 44

Registry offices that do not comply with the provisions of this Chapter shall be subject to a fine, in the form defined by the Judicial Branch, without prejudice to the other administrative, civil and criminal sanctions applicable.

Art. 44-A (Included by Law 12,424, of 2011)

In registry acts relating to PMCMV, the term for performing the acts by the public registry services shall be fifteen days, counted from the submission of the respective titles.

Art. 45

Regulation shall provide for procedures and operational measures relating to the provisions of this Chapter.

Chapter III Of the Land Regularization of Urban Settlements

Art. 46 (Repealed by Law 13,465, of 2017)

Land regularization consists of the set of legal, urban planning, environmental and social measures aimed at the regularization of irregular settlements and the titling of their occupants, in order to guarantee the social right to housing, the full development of the social functions of urban property and the right to an ecologically balanced environment.

Art. 47 (Repealed by Law 13,465, of 2017)

For the purposes of land regularization of urban settlements, the following are considered:

1. urban area: portion of territory, continuous or not, included within the urban perimeter by the Master Plan or by a specific municipal law;
2. consolidated urban area: portion of urban area with a population density greater than fifty inhabitants per hectare and an implemented street network, and which has at least two of the following pieces of urban infrastructure in place:
   1. urban stormwater drainage;
   2. sewage collection;
   3. potable water supply;
   4. electricity distribution; or
   5. urban cleaning, solid waste collection and management;
3. urban demarcation: administrative procedure by which the public authority, within the framework of land regularization of social interest, demarcates public or private property, defining its limits, area, location and boundaries, with the purpose of identifying its occupants and qualifying the nature and time of their respective possessions;
4. possession legitimization: act of the public authority intended to grant a title recognizing possession of property subject to urban demarcation, with identification of the occupant and the time and nature of possession;
5. ZEIS (Special Zone of Social Interest): portion of urban area instituted by the Master Plan or defined by another municipal law, allocated predominantly for the housing of low-income population and subject to specific rules of land subdivision, use and occupation;
6. irregular settlements: occupations inserted in informal or irregular subdivisions, located in public or private urban areas, predominantly used for housing purposes;
7. land regularization of social interest: land regularization of irregular settlements occupied predominantly by low-income population, in cases:
   1. where the area has been occupied, in a peaceful and uncontested manner, for at least five years;
   2. of properties located in ZEIS; or
   3. of areas of the Union, the States, the Federal District and the Municipalities declared to be of interest for the implementation of social interest land regularization projects;
8. land regularization of specific interest: land regularization where social interest is not characterized under item VII.

Art. 48 (Repealed by Law 13,465, of 2017)

Respecting the general guidelines of urban policy established in Law 10,257, of July 10, 2001, land regularization shall observe the following principles:

1. broadening access to urbanized land by low-income population, prioritizing their permanence in the occupied area, with an adequate level of habitability and improvement of urban, social and environmental sustainability conditions ensured;
2. articulation with the sectoral policies of housing, environment, basic sanitation and urban mobility;
3. participation of stakeholders in all stages of the regularization process;
4. encouragement of out-of-court conflict resolution;
5. granting of title preferentially to the woman.

Art. 49 (Repealed by Law 13,465, of 2017)

Observing the provisions of this Law and Law 10,257, of July 10, 2001, the Municipality may provide for the land regularization procedure within its territory.

Art. 50 (Repealed by Law 13,465, of 2017)

Land regularization may be promoted by the Union, the States, the Federal District and the Municipalities, and also by:

1. its beneficiaries, individually or collectively;
2. housing cooperatives, neighborhood associations, foundations, social organizations, civil society organizations of public interest or other civil associations whose purpose is to engage in activities in the areas of urban development or land regularization.

Art. 51 (Repealed by Law 13,465, of 2017)

The land regularization project must define, as a minimum, the following elements:

1. the areas or lots to be regularized and, if necessary, the buildings to be relocated;
2. existing or planned circulation streets and, if possible, other areas intended for public use;
3. measures necessary to promote the urban, social and environmental sustainability of the occupied area, including the urban and environmental compensations provided for by law;
4. conditions to promote the safety of the population in risk situations;
5. measures provided for the adequacy of basic infrastructure.

Art. 52 (Repealed by Law 13,465, of 2017)

In the land regularization of settlements consolidated prior to the publication of this Law, the Municipality may authorize the reduction of the percentage of areas intended for public use and of the minimum lot area defined in the urban land subdivision legislation.

Art. 53 (Repealed by Law 13,465, of 2017)

Land regularization of social interest depends on the analysis and approval by the Municipality of the project referred to in Art. 51.

Sole paragraph. Municipal approval corresponds to the environmental and urban licensing of the social interest land regularization project, provided the Municipality has an environmental council and a qualified environmental body.

Art. 54 (Repealed by Law 13,465, of 2017)

The social interest land regularization project must consider the characteristics of the occupation and of the occupied area to define specific urban and environmental parameters, in addition to identifying the lots, circulation streets and areas intended for public use.

§ 1º The Municipality may, by reasoned decision, admit the social interest land regularization in Permanent Preservation Areas, occupied until December 31, 2007 and inserted in consolidated urban areas, provided a technical study demonstrates that this intervention implies an improvement in environmental conditions in relation to the prior irregular occupation.

Art. 55 (Repealed by Law 13,465, of 2017)

In social interest land regularization, the public authority, directly or through its public service concessionaires or licensees, shall be responsible for the implementation of the street system and basic infrastructure, even when promoted by the parties listed in items I and II of Art. 50.

Art. 56 (Repealed by Law 13,465, of 2017)

The public authority responsible for the social interest land regularization may draw up an urban demarcation report, based on a survey of the situation of the area to be regularized and the characterization of the occupation.

§ 1º The urban demarcation report must be instructed with:

1. plan and descriptive memorandum of the area to be regularized, including its perimeter measurements, total area, neighbors, preferably georeferenced coordinates of the vertices defining its limits, the property title record or transcription numbers affected, indication of identified owners and occurrence of situations;
2. overlay plan of the demarcated property with the situation of the area on record at the real estate registry;
3. property title record or transcription certificate of the area to be regularized, issued by the real estate registry, or, in its absence, of the previously competent registry circumscriptions.

Art. 57 (Repealed by Law 13,465, of 2017)

Once the urban demarcation report is forwarded to the real estate registry, the officer must conduct searches to identify the owner of the area to be regularized and any property title records or transcriptions relating to it.

§ 1º Once the searches are completed, the real estate registry officer must notify the owner and the neighbors of the demarcated area, personally or by mail, with acknowledgment of receipt, or, at the registry officer's request, through the registry of titles and documents officer of the property's district or of the domicile of whoever is to receive it, so that, if they wish, they may submit a challenge to the registration of the urban demarcation, within fifteen days.

§ 2º In the absence of challenge, the urban demarcation shall be recorded in the property title records covered by the plan and memorandum referred to in item I of § 1º of Art. 56.

Art. 58 (Repealed by Law 13,465, of 2017)

From the registration of the urban demarcation report, the public authority must prepare the project provided for in Art. 51 and submit the resulting subdivision for registration.

§ 1º After registration of the subdivision, the public authority shall grant a possession legitimization title to the registered occupants.

Art. 59 (Repealed by Law 13,465, of 2017)

Possession legitimization duly registered constitutes a right in favor of the direct possessor for housing purposes.

§ 1º Possession legitimization shall be granted to residents registered by the public authority, provided they:

1. are not concessionaires, leaseholders or owners of another urban or rural property;
2. are not beneficiaries of previously granted possession legitimization.

§ 2º Possession legitimization shall also be granted to the co-owner of the raw land parcel, holder of shares or ideal fractions, duly registered by the public authority, provided he or she exercises his or her property right in an individualized and identified lot in the registered subdivision.

Art. 60 (Repealed by Law 13,465, of 2017)

Without prejudice to the rights arising from possession exercised previously, the holder of the possession legitimization title, after five years of its registration, may request the real estate registry officer to convert that title into a property registration, in view of its acquisition by adverse possession, pursuant to Art. 183 of the Federal Constitution.

Art. 60-A (Repealed by Law 13,465, of 2017)

The possession legitimization title may be terminated by the issuing public authority when it is found that the beneficiary is not in possession of the property and that no transfer of rights has been registered.

Art. 61 (Repealed by Law 13,465, of 2017)

Land regularization of specific interest depends on the analysis and approval of the project referred to in Art. 51 by the licensing authority, as well as the issuance of the respective urban and environmental licenses.

Art. 62 (Repealed by Law 13,465, of 2017)

The licensing authority may require urban and environmental counterparts and compensations, in the form of current legislation.

Art. 63 (Repealed by Law 13,465, of 2017)

In land regularization of specific interest, the registration of the subdivision depends on the prior consent of the real estate registry officer regarding the descriptive memorandum and the plan of the subdivision and on the submission of the documents provided for in Art. 18 of Law 6,766, of December 19, 1979.

Art. 64 (Repealed by Law 13,465, of 2017)

The registration of the subdivision resulting from the land regularization project must be requested at the real estate registry, accompanied by the following documents:

1. updated property title record certificate of the property;
2. approved land regularization project;
3. instrument of transfer of possession or ownership in favor of the occupants, as applicable.

Art. 65 (Repealed by Law 13,465, of 2017)

The registration of the subdivision resulting from social interest land regularization does not depend on compliance with the requirements of Law 6,766, of December 19, 1979.

Art. 66 (Repealed by Law 13,465, of 2017)

The registration of the subdivision resulting from the land regularization project may be canceled by judicial decision when material error or unresolvable divergence regarding the regularized area is demonstrated.

Art. 67 (Repealed by Law 13,465, of 2017)

The property title records of the regularized real estate units shall be opened based on the information contained in the approved land regularization project and the registered subdivision.

Art. 68 (Repealed by Law 13,465, of 2017)

No court costs or registry fees shall be charged for the registration of the urban demarcation report, of the legitimization title and of its conversion into a property title, and of subdivisions arising from social interest land regularization.

Art. 69 (Repealed by Law 13,465, of 2017)

The provisions of this Law apply, as applicable, to the Federal District in relation to land regularization.

Art. 70 (Repealed by Law 13,465, of 2017)

The property title records arising from the registration of the subdivision resulting from the land regularization project must indicate, in their description, that it is a property subject to land regularization.

Art. 71 (Repealed by Law 13,465, of 2017)

Raw land parcels subdivided for urban purposes prior to December 19, 1979 that do not have registration may have their legal situation regularized, with the registration of the subdivision, provided the subdivision was registered prior to the publication of this Law.

Art. 71-A (Repealed by Law 13,465, of 2017)

The Public Prosecutor's Office may act, within its attributions, in defense of the rights of the occupants of settlements subject to land regularization, especially regarding compliance with the principles established in Art. 48 of this Law.

Chapter IV Final Provisions

Art. 72

In judicial actions for the collection or execution of condominium fees, personal service on the condominium owner is mandatory, including in cases where the property is rented to third parties.

Art. 73

The following shall be ensured under PMCMV:

1. accessibility conditions in all public and common-use areas;
2. availability of units adapted for the use of persons with disabilities or who have a family member in such condition, in the proportion defined by regulation.

Art. 73-A (Wording given by Law 14,620, of 2023)

Except in cases involving FGTS resources, PMCMV contracts may be signed regardless of the regularity proof requirements provided for in Law 8,666, of June 21, 1993, and in Law 14,133, of April 1, 2021.

Art. 74

The FGTS Trustee Council may grant discounts with the purpose of balancing the ratio between the value of the financing granted and the borrower's ability to pay, observing the annual limit established by act of the Executive Branch.

Art. 75

Law 4,380, of August 21, 1964, is hereby in force with the amendments introduced by this Law, especially regarding the conditions of the Housing Financial System and the action of the FGTS operating agent.

Art. 76

Law 8,036, of May 11, 1990, is hereby in force with the amendments introduced by this Law regarding the application of FGTS resources in housing programs.

Art. 77

Item VII of Art. 20 of Law 8,036, of May 11, 1990, is hereby in force with the wording given by this Law.

Art. 78

Item V of Art. 4º of Law 8,677, of July 13, 1993, is hereby in force with the wording given by this Law.

Art. 79

Article 2 of Law 10,257, of July 10, 2001 (City Statute), is hereby in force, supplemented by items XVI and XVII, in the form established by this Law, including, among the general guidelines of urban policy, the encouragement of the use, in land subdivisions and urban buildings, of operating systems, construction standards and technological contributions aimed at reducing environmental impacts and saving natural resources, as well as land regularization and urbanization of areas occupied by low-income population, through the establishment of special urbanization standards.

Art. 79-A (Included by Law 12,424, of 2011)

For the purposes of Art. 5º of Law 10,257, of July 10, 2001, the guidelines relating to the master plan and the City Statute are hereby established as guidelines for the application of mandatory subdivision, building or use.

Art. 80

Until the quantity defined in Art. 29 of this Law is reached, the Union may broaden the limits of monthly family income provided for in this Law, subject to budgetary and financial availability.

Art. 81

The acts performed based on Provisional Measure 459, of March 25, 2009, are hereby validated.

Art. 81-A (Included by Law 12,424, of 2011)

The legal effects of the contracts and other acts performed under PMCMV, in the period between the issuance of MP 459 of 2009 and the entry into force of this Law, are hereby ratified.

Art. 82

The use of resources of the FGTS (Severance Guarantee Fund) is hereby authorized for fulfilling the financial obligations arising from operations carried out under PMCMV, in the form provided for by the FGTS Trustee Council.

Art. 82-A (Included by Law 12,424, of 2011)

For the purposes of this Law, the housing unit is equated to the residential property.

Art. 82-B (Included by Law 12,424, of 2011)

The provisions of Law 9,514, of November 20, 1997, apply, as applicable, to PMCMV operations.

Art. 82-C (Included by Law 12,424, of 2011)

For fiscal year 2011, the Union is hereby authorized to transfer resources to FAR and FDS, subject to budgetary and financial availability, with the purpose of enabling the continued execution of PMCMV.

Art. 82-D (Included by Law 12,424, of 2011)

The provisions of Decree-Law 25, of November 30, 1937, relating to the national historical and artistic heritage, apply, as applicable, to PMCMV.

Art. 83

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

Brasília, July 7, 2009; 188th of Independence and 121st of the Republic.

JOSÉ ALENCAR GOMES DA SILVA
Tarso Genro
Guido Mantega
Reinhold Stephanes
Edison Lobão
Paulo Bernardo Silva
Márcio Fortes de Almeida

This text does not replace the one published in the Official Federal Gazette of July 8, 2009.