Land Regularization in Brazil (REURB): Complete Guide
Direct Answer
Urban Land Regularization (REURB), established by Lei 13.465/2017, is the procedure that grants property titles to occupants of informal urban properties. There are two modalities: REURB-S (social interest, free for low-income populations) and REURB-E (specific interest, with costs borne by beneficiaries). The process involves topographic surveys, urban planning projects, municipal approval, and registry recording, providing legal security to millions of Brazilian families living in irregular situations.
What Is Land Regularization?
Land regularization is the set of legal, urban, environmental, and social measures designed to integrate irregular settlements into the legal framework of cities. In Brazil, it is estimated that more than 30 million properties are in irregular situations — without matrícula, without registration, or non-compliant with urban legislation.
Lei 13.465/2017 unified and simplified the process, revoking previous legislation (Lei 11.977/2009 — Minha Casa, Minha Vida program) and creating a faster and more comprehensive procedure.
Objectives of REURB
- Grant property titles to occupants
- Ensure legal security of possession
- Integrate settlements into the formal city
- Promote access to urban infrastructure
- Enable access to credit and financing
- Fulfill the social function of property
REURB-S vs. REURB-E
REURB-S (Social Interest)
Intended for regularization of informal urban settlements predominantly occupied by low-income populations.
| Aspect | REURB-S |
|---|---|
| Target population | Families earning up to 5 minimum wages |
| Costs to beneficiaries | Free |
| Infrastructure | Funded by the government |
| Registry recording | Exempt from fees and charges |
| Land legitimation | Applicable |
| Maximum area per family | Up to 250 m² (land legitimation) |
REURB-S specific instruments:
- Land legitimation (Article 23, Lei 13.465/2017): Grants property directly to occupants meeting requirements, without need for adverse possession proceedings.
- Possession legitimation: Recognizes possession and, after 5 years, can be converted to ownership.
- Special use concession for housing (MP 2.220/2001): For occupations on public land.
REURB-E (Specific Interest)
Applies to occupations that do not qualify as social interest:
| Aspect | REURB-E |
|---|---|
| Target population | Any occupant outside REURB-S criteria |
| Costs to beneficiaries | Borne by beneficiaries themselves |
| Infrastructure | Funded by beneficiaries |
| Registry recording | Normal fees and charges apply |
| Land legitimation | Not applicable |
| Maximum area | No limit |
Common REURB-E examples:
- Irregular farmette subdivisions
- Gated communities without approval
- Middle-class housing developments without registration
- Commercial areas in irregular situations
Regularization Process
Phase 1: Initiation
REURB is initiated by request from legitimate parties to the Municipality:
Legitimate parties (Article 14, Lei 13.465/2017):
- Federal, State, Federal District, and Municipal governments
- Beneficiaries (individually or collectively)
- Property or land owners
- Housing cooperatives
- Residents’ associations
- Foundations and social organizations
- Public Defender’s Office
- Public Prosecutor’s Office
The Municipality has 180 days to process the request.
Phase 2: Processing
| Step | Description |
|---|---|
| Classification | Determine if REURB-S or REURB-E |
| Topographic survey | Plan and descriptive memorial of the area |
| Urban project | Urban design with streets, lots, public areas |
| Environmental study | Simplified environmental impact analysis |
| Construction schedule | Planning of necessary infrastructure |
| Notification | Owners, adjoining parties, and interested parties |
Phase 3: Approval
The regularization project is approved by the Municipality, which issues the CRF (Certidão de Regularização Fundiária — Land Regularization Certificate). The CRF is the document that legitimates the regularization before the Real Estate Registry Office.
Phase 4: Recording
The CRF is submitted to the Real Estate Registry Office, which proceeds with:
- Opening a matrícula for the regularized area
- Opening individual matrículas for each lot
- Recording property titles
- Annotating implemented infrastructure
Required Documentation
For the Application
- Formal request to the Municipality
- Beneficiary identification (CPF, ID)
- Proof of occupation (utility bills, correspondence)
- Simplified plan of the occupation
- Power of attorney (if represented)
For the Regularization Project
- Georeferenced planimetric and altimetric survey
- Descriptive memorial of lots
- Urban regularization project
- Technical environmental study (when necessary)
- Infrastructure feasibility study
- ART/RRT of the responsible technician
Urban Infrastructure
REURB requires, at minimum, implementation of essential infrastructure:
REURB-S (Essential Infrastructure)
| Infrastructure | Mandatory |
|---|---|
| Circulation routes | Yes |
| Stormwater drainage | Yes |
| Water supply | Yes |
| Sewage system | Yes |
| Electricity | Yes |
| Public lighting | Yes (when grid exists) |
In REURB-S, infrastructure is funded by the government and can be implemented before or after registration.
REURB-E (Complete Infrastructure)
In addition to essential infrastructure, complementary infrastructure may be required (paving, landscaping, street furniture), funded by the beneficiaries.
Environmental Aspects
REURB provides differentiated treatment for occupations in environmentally sensitive areas:
Permanent Preservation Areas (APP)
Regularization in APP is possible through a technical environmental study demonstrating:
- Environmental improvement compared to the previous situation
- No risk of worsening natural processes
- No compromise of water resources
Risk Areas
Occupations in geotechnical or flood risk areas cannot be regularized unless:
- Risk conditions are eliminated through engineering works
- A technical report certifies occupancy safety
- Permanent mitigation measures are implemented
Conservation Units
Regularization in sustainable-use conservation units is possible, subject to management plan restrictions.
Benefits of Regularization
For the Owner
- Property title: Full legal security
- Credit access: Bank financing possibilities
- Property appreciation: Regularized properties are worth 30% to 50% more
- Inheritance transfer: Easier estate proceedings and partitions
- Eviction protection: Legal guarantee of possession
For the Municipality
- Tax revenue: IPTU on regularized properties
- Urban planning: Integration into municipal registry
- Infrastructure investment: Legal basis for public works
- Conflict reduction: Fewer possessory actions
Relationship with Adverse Possession
REURB complements adverse possession (usucapião), and can be more efficient for collective regularization. While usucapião is an individual process (judicial or extrajudicial), REURB regularizes entire areas at once.
Tax Implications
ITBI
Land regularization through REURB-S is exempt from ITBI (Article 13, §1, Lei 13.465/2017). For REURB-E, ITBI may be required per municipal legislation.
IPTU
After regularization, the property becomes subject to IPTU. Municipalities may grant:
- Temporary exemption (first 5 years)
- Reduced progressive rates
- Installment plans for prior debts
Income Tax
The regularized property must be declared in the Income Tax return at the regularization value. Any future capital gain upon sale will be taxed normally.
Special Cases
Regularization of Irregular Subdivisions
Subdivisions approved by the Municipality but not registered or with incomplete infrastructure can be regularized through REURB, with the subdivider held responsible for missing infrastructure.
Regularization of De Facto Condominiums
De facto condominiums (without registration) can be regularized as condominium buildings or as subdivisions, depending on the occupation characteristics.
Occupations on Public Land
For public land, specific instruments apply:
- Concession of real right of use (CDRU)
- Special use concession for housing (CUEM)
- Donation of land by the public entity
Conclusion
REURB is a fundamental instrument for guaranteeing the right to housing and to the formal city in Brazil. With Lei 13.465/2017, the regularization process became more accessible and comprehensive, benefiting millions of families living in irregular situations.
Specialized legal advisory in real estate law is essential to conduct the regularization process safely, from the initial application to definitive registry recording. Contact the ZS Advogados team for guidance on regularizing your property.
This article is for informational purposes only and does not constitute legal advice. Each case has specific circumstances that should be analyzed by a qualified attorney.
