Regularization · São Paulo City Hall

Habite-se and Certificate of Completion

Documentation and follow-up of the Certificate of Completion at City Hall, the basis for recording the construction at the registry office (cartório).

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Quick answer

Habite-se and Certificate of Completion in São Paulo, in a few lines

In São Paulo, the habite-se (certificate of occupancy) is now called the Certificate of Completion. It is requested by the owner or possessor, with the declaration of the responsible professional, after the work has been done under a Construction Permit (Alvará de Execução), and it is the document the registry office uses to record the building. Work done without a permit cannot get a habite-se: the route is the Certificate of Regularization.

Updated on by the MTC technical team, based on the rules cited on this page.

Current name
Certificate of Completion (the former habite-se)
Source: São Paulo City Hall (SMUL): Certificate of Completion(opens in a new tab)
Where to apply
In the same system where the permit was issued
Source: São Paulo City Hall (SMUL): Certificate of Completion(opens in a new tab)

What the Habite-se is

The Habite-se, called the Certificate of Completion in São Paulo, is the City Hall document confirming that the work was done in line with the approved plan and can be occupied.

It is common for the work to be finished and the certificate never requested. Or the building comes out slightly different from the plan: an extra room, a changed window, a covered area. These differences show up when selling or financing.

Without the Habite-se, the building cannot be recorded on the property record. For the registry office and for banks, the house only exists after the certificate and the recording. MTC checks the work, corrects what is needed and follows both stages.

What MTC does

  • Work check

    We compare what was built with the approved plan.

  • Plan adjustments

    When there are differences, we point out the way to fix them.

  • Application at City Hall

    Putting the case together, filing and answering requirements.

  • Recording

    Follow-up of the recording of the building on the property record.

Understand it in one image

Where the habite-se fits in the life of a building project

  1. 1

    Approval Permit

    City Hall approves the plan.

  2. 2

    Construction Permit

    Authorizes the start of the work.

  3. 3

    Construction work

    Done according to the plan; changes of up to 5% are accepted.

  4. 4

    Certificate of Completion

    The former habite-se: requested with the professional's declaration and proof of payment of the work's ISS.

  5. 5

    Recording on the property record

    The building comes to exist at the registry office.

Was the work done without a permit? It cannot get the Certificate of Completion: the route is the Certificate of Regularization, which has the same effect at the registry office.

Simplified diagram of the Building Code (Law 16.642/2017, arts. 33 to 38). The application is made in the same system where the permit was issued.
When the Habite-se is usually missing:Work finished with no applicationBuilding different from the planNew property to sellExtension after the permitBank asked for recordingInherited property with no registration

Habite-se, regularization or Amnesty: which document fits your property

The three documents lead to the same result at the registry office, but each applies to a different situation. Choosing the right one avoids a denied application.

Certificate of CompletionCertificate of RegularizationAmnesty
For which workCertificate of Completion:Done with a Construction PermitCertificate of Regularization:Done without a license, but in line with the lawAmnesty:Not in line with the law, completed by July 31, 2014
Deadline to applyCertificate of Completion:No deadlineCertificate of Regularization:No deadlineAmnesty:Until November 30, 2026
Legal basisCertificate of Completion:Building Code, arts. 33 to 35Certificate of Regularization:Building Code, arts. 36 to 38Amnesty:Law No. 17.202/2019

A single-family one-story house in a low-income area, finished more than 5 years ago, can be recorded at the registry office with an owner's declaration (art. 247-A of Law 6.015/1973).

Source: São Paulo City Hall (SMUL): Certificate of Completion(opens in a new tab)

Why get the Habite-se

From work without a Habite-se to a recorded property

Tap a problem to see how it is solved.

What happens without the Habite-se

Without the certificate, the work is in limbo: built, but without official existence. The more time passes, the harder it is to gather the documents. With the right documents, the application can be resumed at any stage.

  1. 1

    Work finished with no application

    The construction ends and the Certificate of Completion is not requested.

    What can be done

    Request the certificate right after the work, while the documents are still at hand and the technical manager is available.

  2. 2

    Accumulated differences

    Small changes made later move the work away from the approved plan.

    What can be done

    Do a survey and, if needed, get a plan modification approved before the application.

  3. 3

    Citation or requirement

    City Hall finds the occupancy without a certificate, or the bank requires the recording.

    What can be done

    Answer the requirement with the Habite-se application under way and watch the deadline.

  4. 4

    More complex regularization

    Without a valid permit or with many differences, the route becomes full regularization.

    What can be done

    Assess regularization or the Amnesty, then issue the certificate and record the building.

Without the Certificate of Completion, the property also gets stuck here

When selling or financing

  • Incomplete deedThe registry office only transfers what is on the property record.
  • Financing deniedThe bank values only the recorded area.

In using the property

  • License blockedCompanies at the property cannot get an operating license.
  • Insurance coverage questionedAn unregistered area may be challenged by the insurer.

In the family's assets

  • Loss of valueThe property loses value and attracts fewer buyers.
  • Incomplete estate inventoryThe building is left out of the division of the estate.

Work finished? The sooner the application, the simpler the process.

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What the Habite-se brings to the property

  • Complete property on the property record

    The built area gains official registration.

  • Liquidity

    Sale and financing become simpler and faster.

  • Market value

    The appraisal considers the whole built area.

  • Basis for other licenses

    Makes the AVCB, AVS and operating license easier.

  • Security for the family

    Inventory and division of the estate go ahead with the complete property.

  • Formal closure of the work

    Avoids citations for occupying the building.

When it is needed

  • Work completed with a construction permit
  • Sale or financing of a new property
  • Building not yet on the property record
  • Operating license application
  • Requirement from the bank or the registry office

Documents that help you get started

You do not need all of them. The team will tell you what is missing.

  • Approval Permit and Construction Permit
  • Approved plan
  • Updated property record
  • Photos of the completed work
  • Technical manager's documents

How we handle your case

  1. 1

    Initial analysis

    Status of the work and of the permits.

  2. 2

    Technical inspection

    Checking the work against the approved plan.

  3. 3

    Adjustments

    Guidance on corrections, if there are differences.

  4. 4

    Application

    Filing of the Certificate of Completion at City Hall.

  5. Recording

    Recording of the building on the property record.

Important
  • Differences between the work and the plan may require a modification before the application.
  • Municipal fees and registry office costs may apply.
  • The timeline depends on City Hall's review.

Questions about Habite-se and Certificate of Completion

The questions that come to the team and show up in searches most often, with the answer and the source.

See all questions

It is the Certificate of Completion, which proves that the licensed work was completed according to the plan. It also serves for registering the building at the Property Registry Office (Cartório de Registro de Imóveis).

Source: Building Code (Código de Obras e Edificações), Law No. 16.642/2017 (opens in a new tab)

Through the same system in which the permit was issued: Aprova Digital, SLCe or SLC, as the case may be. The application includes the declaration of the professional responsible for the work.

Source: São Paulo City Hall (SMUL): Certificate of Completion (opens in a new tab)

It depends on how the work was done. If it had a Construction Permit, you request the Certificate of Completion, even years later. If it was done without a license, the document is the Certificate of Regularization, which has the same effect as the habite-se. Work under a stop-work order or a closure order does not receive the certificate.

Source: São Paulo City Hall (SMUL): irregular building and Certificate of Regularization (opens in a new tab)

Through CEDI, City Hall's Building Registry (Cadastro de Edificações). Online, with the CPF or CNPJ, the IPTU number and the full address, you request the Building History (Histórico da Edificação), which shows the property's status since 1976, or the Certificate of Regularity (Certificado de Regularidade), which is equivalent to the habite-se. There is a fee, and the document arrives by email within 5 business days.

Source: São Paulo City Hall (SMUL): CEDI, Building Registry (opens in a new tab)

The owner or possessor of the property, with the declaration of the professional responsible for the work.

Source: Building Code (Código de Obras e Edificações), Law No. 16.642/2017 (opens in a new tab)

With the Certificate of Completion, you ask the Property Registry Office to record the building on the property record (averbação). The list of documents varies; it is worth confirming with the property's registry office before going.

Source: Public Records Law, Law No. 6.015/1973 (opens in a new tab)

The professional's declaration that the work followed the plan and the standards for structure, installations and accessibility, the registration of elevators and equipment, and the clearance certificate showing that the work's ISS (service tax) has been paid.

Source: São Paulo City Hall (SMUL): Certificate of Completion (opens in a new tab)

The Building Code does not require a prior inspection: the certificate is based on the technical manager's declaration. City Hall may inspect the work at any time.

Source: Building Code (Código de Obras e Edificações), Law No. 16.642/2017 (opens in a new tab)

Yes. The certificate can be partial, if the completed part meets the requirements. Small changes of up to 5% from the plan are also accepted.

Source: Building Code (Código de Obras e Edificações), Law No. 16.642/2017 (opens in a new tab)

City Hall may summon the owner to request the document within 5 days, with a fine reapplied every 90 days. Without it, the registry office will not record the building on the property record either.

Source: Building Code (Código de Obras e Edificações), Law No. 16.642/2017 (opens in a new tab)
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