Operating License

City Hall bill changes the rules on closing businesses and on construction noise

Bill No. 403/2026 amends the Zoning Law and the law that exempts the MEI (individual microentrepreneur) from the operating license, with penalties in stages.

  • The bill changes the Zoning Law and the law that exempts the MEI from the operating license.
  • Penalties in stages: first a warning; then a fine, closure or stop-work order (embargo).
  • It only takes effect if approved by the City Council and signed into law.

By MTC Serviços editorial team2 min read

Two-story commercial building on a São Paulo avenue, with the steel shutter closed
Illustrative image. Commercial establishment on an urban street.

São Paulo City Hall submitted Bill No. 403 of May 21, 2026. It amends Law No. 16.402/2016, on land subdivision, use and occupancy, and Law No. 15.031/2009, which exempts the individual microentrepreneur (MEI) from the operating license.

Closure and penalties

Under the new article 140-A of the Zoning Law, an establishment whose use facilitates or constitutes a crime, as found by the Metropolitan Civil Guard or the police, must be closed immediately, whether or not it has an operating license. After an administrative closure or a stop-work order (embargo) on construction, reopening happens only when the irregularities are corrected and the request is approved.

Read alsoDoes an MEI (individual microentrepreneur) need an Operating Permit in São Paulo? See when it does and when it does not

Penalties start to be applied in stages: on a first violation, enforcement issues a guidance notice with a warning; later violations may lead to a fine, administrative closure or a stop-work order (embargo).

Construction noise

The new Article 146-A prohibits noise above the levels set by law at construction sites that require a Construction Permit. Public and emergency works are excluded, and the exception for educational institutions continues when the noise comes from educational activities.

Legislative progress

The bill went through public hearings at the Constitution, Justice and Participatory Legislation Committee in early June, and at the Urban, Metropolitan and Environmental Policy Committee on June 15, 2026. At that hearing, Professor Rami Michalski, of USP (University of São Paulo), stated that the bill allows noise of up to 85 decibels, above the 55 decibels recommended by the WHO during the day.

Because it is a bill, the rules only take effect if they are approved by the City Council and signed into law.

What this changes for you

  • Under the text, after a closure or stop-work order (embargo), reopening only happens once the irregularities have been corrected and the request has been approved.
  • Construction work with a Construction Permit gets an express rule on noise above the levels set by law.
  • For now nothing changes: the bill still depends on approval and being signed into law.

Want to know how this applies to your property or business? MTC reviews it before any proposal.

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Sources

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.

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