Civil and Criminal Liability in Irregular Buildings

Buildings constructed without municipal approval, without an occupancy permit (“habite-se”), and without the Fire Department’s Inspection Certificate (AVCB) represent not only an urban planning problem but also a serious risk to human life.

The continued existence of such properties in irregular status may generate civil and criminal liabilities for condominium managers, administrators, and unit owners.

This article analyzes the legal foundations of such liability, the circumstances in which it may arise, and how Urban Land Regularization (REURB) serves as a preventive instrument.

1. The Legal Risk of Irregularity

1.1. Lack of approval and safety

Without municipal approval and without an AVCB:

·         There is no guarantee of escape routes in case of fire;

·         There is no certification of structural stability;

·         There is no technical responsibility assumed by engineers or architects.

1.2. Direct impact on liability

Under these conditions, any incident (fire, collapse, smoke intoxication) can be attributed to the omission of building managers.

2. Civil Liability

2.1. Civil Code

·         Art. 927: obligation to compensate for damage resulting from unlawful acts;

·         Art. 186: characterizes as unlawful the act of anyone who, by action or omission, causes harm to another.

2.2. Application in irregular buildings

·         Condominium managers and owners may be held jointly liable for damages to residents or third parties;

·         Insurance companies may deny coverage, alleging building irregularity;

·         Victims may file costly lawsuits seeking damages.

Practical example: Fire in a building without AVCB → victims sue the condominium and its managers, who respond with their personal assets.

3. Criminal Liability

3.1. Penal Code

·         Art. 132: exposing the life or health of others to imminent danger;

·         Arts. 129 and 121 (culpable): bodily injury and negligent homicide in the event of a tragedy;

·         Art. 250: crime of fire, when negligence in preventive measures is present.

3.2. Practical application

·         Condominium managers may face criminal charges for intentional or negligent omission;

·         Original developers and builders may be held liable for crimes against urban planning order (Law No. 8,176/91).

4. Administrative Liability

Beyond civil and criminal spheres, administrative sanctions may apply:

·         Municipal fines;

·         Building interdictions;

·         Work stoppage orders.

These measures are often applied cumulatively, further increasing legal insecurity for the condominium.

5. The Role of REURB in Prevention

REURB—particularly REURB-E (Specific Interest)—functions as a preventive tool by:

·         Requiring Fire Department inspection and issuance of AVCB;

·         Mandating the submission of “as built” plans and technical reports by engineers or architects;

·         Regularizing the situation before the Municipality, preventing fines and work stoppages;

·         Shielding managers and unit owners from future civil and criminal lawsuits.

6. The Importance of Proactive Action

Failure to pursue regularization is, in itself, a risk factor. Condominium managers and unit owners who refuse to initiate regularization may be held liable for negligence.

Thus, retaining specialized attorneys and initiating REURB proceedings should be viewed not as an expense but as an investment in safety and legal protection.

Conclusion

Irregular buildings represent a hidden liability for residents and managers. At any moment, they may become the stage of tragedies with devastating civil and criminal repercussions.

REURB emerges as the safest path to eliminate this risk, ensuring not only registry formalization but also the structural and safety adequacy of buildings.

Regularization is not merely a matter of property—it is a matter of life, responsibility, and citizenship.