REURB: Concept, Legal Basis, and Modalities (S and E)

The phenomenon of Brazilian urbanization brought with it a structural challenge: the formation of informal urban settlements, buildings constructed without municipal approval, unregistered subdivisions, and occupations in areas of urban expansion. The result was the consolidation of entire neighborhoods and buildings without legal backing, depriving thousands of families of legal security in property ownership and exposing them to urban and public safety risks.

In this context, Urban Land Regularization (REURB), established by Law No. 13,465/2017 and regulated by Decree No. 9,310/2018, emerged as the legislator’s response to the need to integrate these areas into the formal system. It is a permanent public policy instrument that combines the individual right to housing and property with the collective interest in the social function of the city.

1. Concept of REURB

According to Article 9 of Law No. 13,465/2017, REURB is the set of legal, urban, environmental, and social measures aimed at incorporating informal urban settlements into urban land planning and granting titles to their occupants.

This concept demonstrates its multidisciplinary nature:

·         Legal, because it involves the titling of occupants and the opening of individualized registrations in the Land Registry;

·         Urbanistic, because it requires compliance with the Master Plan, zoning, and urban policy guidelines;

·         Environmental, since it must consider impacts on protected areas, permanent preservation areas (APPs), and territorial sustainability;

·         Social, because it ensures inclusion and citizenship by legally recognizing consolidated occupations.

Therefore, REURB is not merely a registration tool but a process of fully integrating informality into legality.

2. Constitutional and Legal Foundations

REURB is grounded in several constitutional and legal provisions:

·         Federal Constitution:

o    Art. 6: the social right to housing;

o    Art. 182: urban policy and the social function of property;

o    Art. 225: the right to an ecologically balanced environment.

·         City Statute (Law No. 10,257/2001): reinforces the need for instruments to ensure the full development of the social function of cities.

·         Law No. 13,465/2017: establishes REURB, defining its objectives, modalities, time frame, and responsibilities.

·         Decree No. 9,310/2018: regulates the law, detailing administrative procedures and the responsibilities of

Municipalities and Land Registries.

This normative framework reveals that REURB is an expression of national urban policy, binding municipalities to its implementation, with no room to claim the absence of local law as justification for omission.

3. Modalities of REURB

The law distinguishes two modalities:

3.1. REURB-S (Social Interest)

·         Target group: low-income populations in consolidated and vulnerable occupations;

·         Objective: to promote social inclusion and ensure dignified housing;

·         Benefits: exemption from fees and costs, greater urbanistic flexibility.

Example: a low-income community occupying an unregistered area for decades in a peripheral neighborhood lacking basic infrastructure.

3.2. REURB-E (Specific Interest)

·         Target group: private developments of medium and high standard, including in upscale areas;

·         Objective: to provide legal security and urban compliance to private occupations;

·         Costs: borne by the interested parties, with no exemptions.

Example: a building in Alphaville constructed without approval, occupied by middle-class families, without an occupancy permit or AVCB (Fire Department’s Inspection Certificate).

4. The Land Regularization Certificate (CRF)

The result of REURB is the issuance of the CRF, granted by the Municipality, which:

·         Recognizes the urbanistic and legal regularization of the settlement;

·         Serves as a title for registration in the Land Registry;

·         Enables the opening of individualized registrations for each unit;

·         Replaces, for all purposes, the traditional act of establishing and specifying condominiums.

The CRF is therefore the document that transforms the factual reality of occupation into legal reality, granting full legitimacy to property ownership.

5. Importance of REURB in Society

REURB fulfills a dual function:

1.       Social, by ensuring the fundamental right to housing, preventing families from living on the margins of legality.

2.       Economic and urbanistic, by increasing property value, enabling access to credit, generating municipal tax revenues (IPTU), and ensuring the social function of the city.

Additionally, REURB reduces litigation and provides predictability to the real estate market, preventing entire neighborhoods, subdivisions, and buildings from remaining indefinitely irregular.

Conclusion

REURB represents a legal milestone in Brazilian urban policy by offering effective instruments to integrate informality into the formal system. Its scope goes beyond property registration, encompassing social, environmental, and urban dimensions.

By distinguishing between REURB-S and REURB-E, the law recognizes that both low-income populations and private medium- and high-standard developments require regularization. The issuance of the CRF is the culmination of the process, ensuring legal security and fulfilling the social function of property.

More than an administrative procedure, REURB is a State commitment to urban citizenship, essential to ensure balance between urban expansion and the protection of fundamental rights.