REURB and Its Effects: Legal, Chronological, and Practical Aspects of Land Regularization

Urban Land Regularization (REURB), established by Law No. 13,465/2017 and regulated by Decree No. 9,310/2018, represents a legal milestone in addressing the historical informal occupation of urban areas in Brazil.

It is a complex procedure that integrates urban, registry, tax, social security, and environmental law, involving responsibilities of the municipal government, developers, condominium managers, residents, and the Real Estate Registry Office (CRI).

This article presents, in a chronological and coherent manner, the main constitutional and legal foundations of REURB, as well as its developments and practical effects up to the issuance of the Land Regularization Certificate (CRF).

1. Constitutional Foundations

The Federal Constitution establishes the foundation for urban regularization:

·         Art. 5, XXIII – property must fulfill its social function;

·         Art. 182 – urban development policy is the responsibility of the Municipality, ensuring the full development of the social functions of the city;

·         Art. 225 – the right of all to an ecologically balanced environment.

These principles oblige the government to adopt measures to overcome informality and ensure legal security in possession and housing.

2. Legal and Regulatory Framework

2.1. Law No. 6.766/1979 – Urban Land Subdivision

Regulates the requirements for subdivisions and land partition, requiring municipal approval and registration with the Real Estate Registry.

In practice, many developments ignored these requirements, resulting in informal settlements.

2.2. Law No. 8.176/1991 – Crimes Against the Economic Order and Property

Defines irregular land subdivision and sale as criminal offenses, holding developers liable for selling lots without approval.

2.3. Law No. 10.257/2001 – City Statute

Establishes guidelines for urban policy, reinforces the social function of property, and provides instruments for regularization and special urban adverse possession.

2.4. Law No. 6.015/1973 – Public Registry Law

Regulates real estate registration, which is essential for consolidating regularization: without registration, full ownership does not exist.

2.5. Law No. 13.465/2017 – Landmark of Land Regularization

Established REURB-S (Social) and REURB-E (Specific), applicable to consolidated urban settlements as of December 22, 2016.

It is the central statute, as it systematizes municipal action, legitimizes the participation of developers and residents, and defines the role of the CRI.

2.6. Decree No. 9.310/2018

Regulates Law No. 13.465/2017, detailing the REURB procedure, required documentation, and issuance of the Land Regularization Certificate (CRF).

3. Chronological Procedure of REURB

3.1. Initiative

May be proposed by:

·         the Municipality,

·         the Public Prosecutor’s Office,

·         the Public Defender’s Office,

·         residents’ associations, or

·         individual interested parties (e.g., a condominium manager).

3.2. Feasibility Study

Includes legal, urbanistic, and environmental analysis;

Requires:

·         “as built” plans,

·         descriptive memorials,

·         proof that consolidation occurred before 2016.

3.3. Municipal Approval

The Municipality:

·         classifies the modality (S or E),

·         requires minimum infrastructure adjustments (water, sewage, lighting, drainage, accessibility, fire safety).

3.4. Issuance of the CRF

The central document of REURB, which:

·         legitimizes regularization,

·         serves as a valid title for registration with the CRI.

3.5. Registration at the Real Estate Registry Office

Once the CRF is registered, it results in:

·         opening of the parent property record;

·         opening of individual property records for each lot/unit;

·         annotation of the construction, when applicable.

4. Tax and Social Security Effects

4.1. ITBI (Property Transfer Tax)

·         Does not apply to the issuance of the CRF;

·         Is charged only on future transfers of the regularized units.

4.2. IPTU (Urban Property Tax)

·         After regularization, the assessed value (valor venal) is updated, and IPTU is charged individually;

·         There is no retroactive charging of decades of unassessed IPTU.

4.3. Ground Rent / Occupancy Fees (Federal Lands)

·         In foreiro or federal coastal land (terrenos de marinha) areas, the SPU may charge ground rent (foro) or occupancy fees after registration.

4.4. Construction INSS

·         Annotation of a construction requires proof of INSS payment related to the work (CND/CEI or CEI/CNO registration), under Art. 47 of Law No. 8.212/91.

5. Responsibilities of the Parties Involved

·         Developer: responsible for infrastructure and civil and criminal liability for irregular subdivisions;

·         Condominium Manager / Association: leads mobilization, hires professionals, and coordinates funding of regularization;

·         Municipality: central authority responsible for approval and issuance of the CRF;

·         Real Estate Registry Office: responsible for registering the CRF, opening records, and annotating constructions;

·         Public Prosecutor’s Office: oversees urban order and may initiate civil actions or agreements (TACs) to compel regularization.

6. Alternative or Complementary Mechanism: Adverse Possession

When collective REURB is not viable, residents may pursue individual or family adverse possession, judicially or extrajudicially.

However, adverse possession resolves only the individual situation and does not correct collective urbanistic irregularities.

Conclusion

REURB is currently the main instrument to combat urban informality in Brazil.

Its process follows a chronological and integrated path: from the initiative, through municipal approval, issuance of the CRF, registration at the CRI, and finally, to increased asset value and legal security.

More than a bureaucratic procedure, REURB materializes constitutional principles such as the social function of property, human dignity, and the right to the city.

By involving developers, managers, municipalities, registries, and residents, it creates a true system of shared responsibility, whose final outcome is the transformation of possession into full, regularized ownership.