City Hall fines
I received a fine from São Paulo City Hall: what is the deadline for the defense?
The deadline depends on the law behind the fine. For a construction fine, the defense period is 15 days from publication in the Official Gazette (Diário Oficial) and it suspends collection. For sidewalks and walls, it is 60 days. See the table and what happens if nothing is done.
- For a Building Code fine, the defense goes to the Subprefeitura (district office) within 15 days of publication.
- For sidewalks, walls and lot cleaning, the deadline is 60 days.
- A fine that is neither paid nor contested goes to the overdue-debt registry (dívida ativa).
By MTC Serviços editorial team2 min read
Anyone who receives a fine from São Paulo City Hall has a deadline to defend themselves, but it is not the same for every fine. Each law has its own deadline, and it is the law cited in the fine notice that says which one applies.
Building work fine
For fines under the Building Code (Código de Obras e Edificações, Law No. 16.642/2017), such as for construction without a permit, the defense is filed with the Enforcement Supervision office of the Subprefeitura (district office) within 15 days of publication in the Official Gazette (Diário Oficial). If it is denied, a single appeal to the Subprefeito (district head) is allowed, within another 15 days. The defense and the appeal suspend collection.
The Building Code deadlines are in calendar days, counted from the first business day after publication. If the last day falls on a day with no office hours, the deadline moves to the next business day.
Sidewalk, wall and other fines
For sidewalk, wall and lot-cleaning fines (Law No. 15.442/2011), the defense has 60 days from the public notice and the appeal another 30, also with collection suspended. For fines for activity without a license, related to zoning, the defense can be filed up to the date of the payment notice. When the law has no specific rule, the administrative procedure law applies: a single appeal within 15 days, without suspending collection.
What is the deadline for your defense
| Situation | Deadline | Suspends collection |
|---|---|---|
| Building Code fine | 15 days from publication; appeal within another 15 | Yes |
| Summons or stop-work order on a building project | 15 days from notification | The stop-work order stays in force |
| Sidewalk, wall or lot cleaning | 60 days from the public notice; appeal within another 30 | Yes |
| Activity without a license (zoning) | Until the date on the payment notice | Not provided for by law |
| Denied operating license | Single appeal within 15 days | Does not apply |
How to do it
The defense is filed at the Subprefeitura service centers (Praças de Atendimento) or at Descomplica SP, with a request, the original fine, the documents of the person or company and a power of attorney, if applicable. The service is free.
Regularizing does not, by itself, cancel a construction fine: under the Building Code, regularization ends the stop-work order (embargo) and stops the fine from being applied again. For sidewalks, walls and lot cleaning, regularization reported to the Subprefeitura cancels the fine applied in the previous 60 days. A fine that is neither paid nor contested is entered in the overdue-debt registry (dívida ativa).
What this changes for you
- Check the fine notice for which law was cited and the date of publication in the Official Gazette: the deadline runs from that date.
- For a construction fine, the 15 days are calendar days. Do not leave it for the last week.
- Along with the defense, consider regularization: under the Building Code, it is what ends the stop-work order (embargo) and stops the fine from being applied again.
Want to know how this applies to your property or business? MTC reviews it before any proposal.
Chat on WhatsAppSources
- São Paulo City Hall (SMUL): appeals and deadlines(opens in a new tab)
- Building Code (Código de Obras e Edificações), Law No. 16.642/2017(opens in a new tab)
- Law No. 15.442/2011 (sidewalks, walls and lot cleaning)(opens in a new tab)
- Law No. 14.141/2006 (municipal administrative procedure)(opens in a new tab)
- SP156: appeal (defense) or contestation of municipal fines(opens in a new tab)
Informational text, based on official acts and publications. The ads on this page are for MTC's own services. To find out how this applies to your property or business, talk to the MTC technical team.
