The land use and occupation certificate is a document issued by the city hall, which attests to the urban conditions of a given real estate property. It defines the parameters that regulate the land, indicating what can or cannot be done in that space. It’s like a municipal manual: specifies whether the site can accommodate residences, businesses, industries or a mix, the area that can be built, height limits, mandatory setbacks, among other aspects.

The legal provision of this document derives from the competence of municipalities to legislate on the use of urban land, according to art. 30, VIII of the Federal Constitution, which is done through specific rules provided for in each municipal land use and occupation law.

Although it is not mandatory when buying or selling real estate properties, the certificate is essential for those who wish to build, renovate or demolish, among other situations. It provides the owner with security that the land can be used for the desired purpose. Construction companies, for example, request this document before starting new projects to ensure that the project complies with city hall regulations.

It is also a document that may be required during construction inspections. If there are irregularities concerning permitted use, the consequences can be severe: fines, work embargoes and even the need to demolish buildings built in violation of municipal law.

• Land purchase: to previously check the construction potential and legal limits of use;
• Projects by construction and development companies: feasibility assessment before investing in large projects;
• Works in general: the certificate is a reference for renovations, expansions or demolitions; and
• Inspection: In the event of an inspection, the city hall may request the document to verify whether the work complies with local regulations.

Although it is not a mandatory requirement at a notary’s office for property transfer, the land use and occupation certificate is a
legal and asset security tool. Ignoring the parameters contained therein can compromise not only the investment but also the legality of the work itself.

At PLBrasil Paralegal, we understand the importance of this document within the real estate certificates set. Our team guides property owners, investors, and developers on how to maintain their real estate properties in compliance with local regulations, ensuring peace of mind when building, negotiating, or dealing with inspections.