O Estatuto da Cidade para Inglês ver

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Na semana passada ao ter que escrever sobre a Lei Federal 10 257/2010 – o Estatuto da Cidade e suas utilizações na nova proposta de Plano Diretor para a cidade de São Paulo é que me dei conta de que não existe um inteiro processo de tradução da lei que é o mais importante instrumento de controle urbano no Brasil e que foi resultado de longos anos de debate para ser editado. Como consequência fiz o texto da maneira como precisava, mas disponho para todos aqueles que necessitarem – como eu – de escrever sobre ele e não achá-lo na língua de Shaekspere. Pelo menos alguns artigos já podem ser encontrados…

The City Statute and the mechanism of urban control – the case of São Paulo’s Plan Director

I – Introduction

In July 10 / 2001 was aprooved a Federal Law  no. 10.257 called The City Statute that was set to control the urban development in accordance to  the regulation of the Federal Constitution of 1988 and it’s articles number 182 e 183. This law has been placed on the legal conditions for the politic-administrative management of the cities and the control of urban development which consolidated in an adequate manner, and its effective materialization through public policies depend fundamentally on a wide brazilian social mobilization.

It’s also important to point out that, today, 82% of the Brazilian population lives in urban areas.

II – The principles of urban planning instruments from the The City Statute

The right to the surface

The right to the surface was founded by the City Statute, which can be seen in the articles 21 to 24, and introduces a separation of the right of owning the surface and right to build on that surface. Any construction must follow the regulation of the Director Plan and it’s limits of social use.

The onerous award on the right to erect buildings

The onerous grant of the right to build was created by the City Statute in the articles 28-31.

This is essentially a typical instrument of urban development and may be useful to provide services and equipments for urban projects in joint housing for residential use.

The statute also specifies that the municipal law establishing the instrument must set “formula for calculating recovery” and the cases of exemption or rebate payment.

Urban Consortium  Operations  (Operações Urbanas Consorciadas )

The joint urban operations are regulated by the City Statute. They must be set by an specific municipal law, based on the Master Plan. In a joint urban operation, the statute says that “May be provided, among other measures:

I – The modification of indices and the installment characteristics, use and occupation of the soil and subsoil, as well as revised standards of edilicio considering the environmental impact arising from them;

II – Regulation of buildings, renovations or expansions performed in violation of the law. ”

Transference of the Right to Build

The transference of the right to build is a tool created for the specific purpose that is to protect buildings that have either artistic, historical or scenic value and prevent them from the use that the Master Plan would allow by providing compatible economic compensation.  It is also a tool provided by the City Statute (art. 35). The Statute provides three purposes:

“I – implementation of urban and community equipments;

II – preservation, when the property is considered of historical, environmental, landscape, social or cultural interest;

III – Dispose land regularization programs, urbanization of areas occupied by low-income and social housing.”

The statute also says that the transference also “may be granted to the owner to donate to the Government all, or part of your property for the purposes specified earlier, I to III.”

III – The use of the tools of the City Statute in the proposed Master Plan of the City of São Paulo

Seção II – Areas of Urban Intervention (AIU)

Art. 63. The intervention areas are urban portions of territory defined by law for restructuring, transformation, restoration and environmental improvement of urban sectors with positive effects on quality of life, in meeting the social needs, the realization of social rights and economic development of the municipality .

§ 1º. The territories that are likely to be classified as areas of urban intervention are the perimeters which are defined as:

a) urbanized areas that require restoration, rehabilitation or redevelopment;

b) existence of areas with significant concentrations of unused or underutilized properties;

c) areas with processes of urban expansion and changes in patterns of use and occupation of land on a large scale;

d) areas compatible with cases of urban restructuring and remodeling, whether economic, social or environmental.

§ 2º. Areas of urban intervention should be proposed by the City and managed with the participation of owners, residents, permanent users and private investors, promoting more intense, skilled and inclusive forms of occupation of the urban space combined with measures to promote economic development, and to streamline and democratize the use of networks of infrastructure and the preservation of environmental systems.

§ 3º. The specific laws that will govern the areas of urban intervention will contain at least:

I – project of urban intervention, as provided in this law, with the prediction of interventions in the urban space that meet social demands and equate the urban problems;

II – specific parameters for controlling the use and occupation of land on the perimeter of the urban area of ​​intervention;

III – recovery mechanisms for the community, from part of the valuation of urban properties arising from investments made by the Government and to promote fair distribution of burdens and benefits of urbanization;

IV – tools for the democratization of the management of areas of urban intervention, and mechanisms of participation and social control;

V – proposals to offer urban services, equipment and infrastructure articulated with the increase of new housing and construction densities and changes in patterns of use and occupation of land;

VI – mechanisms for integration of sectoral policies at different levels of government, particularly related to the structural elements of the territory;

VII – mechanisms for the shared implementation of the proposed interventions and revenue collection of the government through partnerships with the private sector;

VIII – solutions for the provision of social housing for low-income residents in the areas of urban intervention or in it’s neighborhood, with priority to meet the housing needs of families living in slums(favelas) that can be relocated.

Art. 64. The urban intervention projects in each area of urban intervention should be based on the previous characterization of the territory of intervention from:

I – urban structure and morphology;

II – demographic profile of the population and floating;

III – socioeconomic trends;

IV – social, urban and environmental  demands that exist in the area;

V – the required program of economic development.

82. The additional building potential is very juríico dominical, owned by the City Hall, with urban and environmental functions .

§ 1 . It is considered additional building potential what corresponds to the difference between the basic constructive potential and the maximum of the lots and tracts of São Paulo.

§ 2 The disposition of the additional building potential in the urban area and its forms of acquisition and use will occur under this law arrangement, and will be designed to convey the implementation of principles, objectives and guidelines regarding the Strategic Plan and strategic actions, plans and urban projects of interest of the City and society.

§ 3 . The impact on infrastructure and the environment arising from the use of the additional building potential must be constantly monitored by the City, which will publish reports periodically.

Article 83 . The City Council may grant additional building potential onerously upon financial contribution to be paid by the beneficiaries in accordance with arts. 28 and the following Statute of the City, and according to the criteria and procedures set in this law.

Article 84 . The additional building potential attainable through onerous grant will be limited by the maximum utilization coefficient defined for the embedded macro areas  Macro zone of Urban Structuring and Qualification and the Network Structure of Urban Transformation.

Article 85 . The additional building potential can be purchased until the coefficient of utilization maximum 2.0 (two) in the Macro zone of Urban Structuring and Qualification, except in areas where legislation installment, use and occupation of land set lower values​.

§ 1 . Notwithstanding the “caput “, the coefficient of utilization can be used at a maximum superior than 2.0 in the macro area of Metropolitan Structure and Network Structure of Urban Transformation , subject to the specific ruling in this law:

I – on the perimeters described in the laws of joint urban operation;

II – in the areas of urban intervention;

III – in the structural “eixos” of urban transformation .

§ 2 . The maximum coefficient of utilization of macro areas which belong to the Macrozone of Environmental Protection and Recovery is defined in each macro area.

Article 86 . The financial onerous grant of the additional building potential will be calculated , unless otherwise specifically brought into law, according to the following equation : C = V x

Fp x Fs, where:

V = value of m² of the land in R$ (Reais) as the greater value between the one on the Generic Plant Values ​​- PGV and “Venal” Reference Value – VVR to calculate ITBI

C = financial contribution for each m² of additional building potential.

Fp = planning factor between 0 and 2 .

Fs = factor of social interest , between 0 and 1.0 .

§ 1 . The factors Fp and Fs of the equation provided in the ” caput ” of this article may vary according to area , area of ​​joint urban operation, urban intervention area or integrated urban design, as well as depending on the objectives of urban development, usage and occupation of land  set this Strategic Plan.

§ 2 . In case of non compliance with the allocation that motivated the use of factor Fs , the City Hall shall forfeit or cancel the exemption or reduction, as well as their charge with penalties, interest and inflation.

§ 3 . In the event of a project involving more than one property ,  shall prevail the greater value of square meter of real estates involved in the project.

§ 4 . Are kept the criteria for calculating the financial compensation established in the laws of Urban Operations in action.

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