Follow these steps if you are looking to settle property or learn more about it
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Follow these steps if you are looking to settle property or learn more about it

Posted By Featured Featured     June 5, 2021    

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In the article you will find:

  • When can a property be irregular?
  • How to make the regularization of properties with the city hall
  • How to regularize an already built property and how to regularize property expansion
  • What is the Amnesty Law for property regularization?

The purchase and sale of a property involves several documents and certificates, in addition to the payment of taxes. Despite always having the good faith of those involved, it is essential to go after the documentation to regularize the property and avoid fines and other punishments with the city hall.

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In this article, we will clarify doubts about what can lead to irregularities in a land or construction, as well as explain how to regularize a property. Also understand how the Building Regularization Law can help make regular properties in São Paulo.

WHEN CAN A PROPERTY BE IRREGULAR?

The irregularity of a property can happen with the prefecture of your city or with the real estate registry of the region. Some factors that lead to an irregular property are the lack of housing, the deed or the registration of the property, as well as the lack of payment of taxes, such as ITBI (Tax on the Transmission of Real Estate) and IPTU (Property Tax and Urban Territorial).

It is important to remember that irregular properties cannot be sold through a bank financing system, for example. And it is no use having only the deed of good, as it does not guarantee property. There are cases in which the public deed of the property is made, in the notary's office, but not the registration in the real estate office. This usually happens when the person has no budget available for payment of the ITBI, which causes irregularities in the situation of the property even if it is registered. 

HOW TO MAKE THE REGULARIZATION OF PROPERTIES WITH THE CITY HALL

The regularization of properties at the city hall can take place through habitation, if it is a new construction, and the payment of the ITBI . The habite-se serves to prove the security conditions of the built property. The certificate is mandatory and must be requested after the delivery of the construction project to the city hall. 

ITBI, on the other hand, is the municipal tax paid when the transfer of ownership and ownership of a property is to be carried out. Before registering the property in the registry office, the new owner must present proof of payment of the tax. When the city hall steps are completed, it will be time to regularize property in the registry office.

Check out more tips on how to regularize your property

HOW TO REGULARIZE AN ALREADY BUILT PROPERTY AND HOW TO REGULARIZE PROPERTY EXPANSION

Have you bought a house, made no registration and do not know how to regularize a property already built? The first step is to investigate whether land regularization has been carried out, with registration at the real estate registry in your region. If not registered, the notary will request the purchase and sale contract and the deed of the land, so that you can open the registration of the property.

Now, if the land has already been registered, it is possible to regularize the construction in two ways: through the normal procedures of the notary, with annotation in the registration of the property if the documentation is all up to date, or by adverse possession , which can be done at the notary or judicially.

Regarding how to regularize property expansion, it is necessary that the architect or engineer involved in the project request a permit from the city hall before starting the work. After the reform, the professional must register at the conclusion of the work and proceed with the registration in the registry at the registry office. 

It is essential to respect the steps in the city hall, both in cases of construction and expansion, since the municipality may stop the work and even demolish irregular buildings. In São Paulo, it is possible to make an online consultation to find out if the property is regular, click here.

WHAT IS THE AMNESTY LAW FOR PROPERTY REGULARIZATION?

The Building Regularization Law, also known as the Amnesty Law for the regularization of properties, was enacted in 2019 in São Paulo. The objective of the law is to legalize up to 750 thousand properties that were built before the last revision of the Master Plan, in 2014, and that have proven housing or commercial use conditions, such as safe use, accessibility, stability and health.

“Properties contemplated in the law will be exempt from the collection of ISS and IPTU retroactive to the last five years. Those who do not obtain the benefit will have to pay taxes only for the most built-up space”, says the City Hall.
The owner must complete an application electronically and provide proof of tax collection, in addition to the property registration and building plans. If you want to start the process, just access the website.

Continue to inform yourself through our articles on the Loft blog, if you are thinking of buying or selling an apartment, count on the help of the Loft platform.

 

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