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Work on a listed historic property (CONPRESP, CONDEPHAAT and IPHAN)

Protection check, design with a technical manager and follow-up of the authorization at DPH/CONPRESP, CONDEPHAAT and IPHAN, to renovate, paint or restore with City Hall's permit in order.

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Facade of an eclectic mansion under restoration, with scaffolding and safety netting, small exploration patches revealing the original paint and, in the foreground, the facade survey drawing and a color chart on a table

Quick answer

Work on listed properties (CONPRESP, CONDEPHAAT and IPHAN) in São Paulo, in a few lines

In São Paulo, repairing, painting, renovating or restoring a listed property, or one under study for listing, requires prior authorization from the agency that protected it: DPH and CONPRESP in the city, CONDEPHAAT at the state level and IPHAN at the federal level. Work in the surrounding protected area (área envoltória), around the listed property, also goes through heritage review as a rule, and City Hall's permit depends on that approval. Work without authorization leads to a fine of 10% to 100% of the assessed value and the obligation to restore. MTC identifies the protection, prepares the design with a technical manager and follows the applications at the heritage agencies and City Hall.

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

Who authorizes in the city
DPH and, in some cases, CONPRESP
Source: São Paulo City Hall (DPH): work on protected cultural properties(opens in a new tab)
Work without authorization
Fine of 10% to 100% of the assessed value
Source: Decree No. 47.493/2006, as amended by Decree No. 54.805/2014 (heritage fines)(opens in a new tab)
Demolition of a listed property
Prohibited; fine of 1 to 10 times the assessed value
Source: Law No. 10.032/1985 (CONPRESP), arts. 20, 21, 31 and 34(opens in a new tab)
IPHAN deadline
Up to 45 days, or 60 for restoration
Source: Ordinance IPHAN No. 289/2025 (authorization of interventions, replacing 420/2010)(opens in a new tab)

What authorization for work on a listed property is

A listed property is one that a preservation agency has protected for its historic, architectural or cultural value: CONPRESP in the city of São Paulo, CONDEPHAAT at the state level and IPHAN at the federal level. Under Law 10.032/1985, a listed property can only be repaired, painted, restored or altered with prior authorization from DPH and, when necessary, from CONPRESP. The same rule applies to a property under study for listing and, with its own rules, to the surroundings of the listed property, the surrounding protected area (área envoltória).

Work without authorization leads to a fine of 10% to 100% of the assessed value (valor venal) and the obligation to restore at the owner's own expense, with a daily fine until the restoration begins. Altering a protected building without authorization can also be a crime, punishable by 1 to 3 years of imprisonment, and the possessor, the technical manager and the contractor are liable along with the owner. Without the heritage agency's opinion, City Hall's permit is not issued: on a protected property, no work counts as low impact.

What can or cannot change depends on the listing resolution and the protection level of each property, and the same address may be subject to rules from more than one agency. MTC identifies the protection, reads the guidelines before the design, prepares the technical documents to each agency's standard, answers the requirements and coordinates the heritage authorization with City Hall's permit.

What MTC does

  • Protection check

    CIT, GeoSampa, IDESP and IPHAN: who protects it and at what level.

  • Reading the resolution

    What the work can change, before drawing up the design.

  • Design and technical documents

    To each agency's standard, with RRT or ART.

  • Complete follow-up

    “Comunique-se” notices, heritage authorization and permit.

Understand it in one image

From the protection check to approved work

  1. 1

    Check

    Who protects the property: city, state or federal government

  2. 2

    Resolution

    Protection level and what the work can change

  3. 3

    Project

    Technical documents with RRT or ART, to each agency's standard

  4. 4

    Heritage

    Authorization from DPH/CONPRESP, CONDEPHAAT or IPHAN

  5. 5

    City Hall

    Permit with the heritage agency's opinion; work cleared

Only in the surroundings of a listed property? Under Resolution 28/2013, a renovation that does not change the volume, built area or permeable area does not need CONPRESP consent; the state and federal levels have their own rules.

Illustrative diagram, based on Law 10.032/1985 (art. 21), the Building Code (Law 16.642/2017, art. 13), State Decree 13.426/1979 (art. 134), State Decree 48.137/2003 and Ordinance IPHAN 289/2025. Each property follows the resolution that protected it.

Before touching the property, four answers

They define the application and who decides.
  1. 01 · ProtectionListed, under study or only in the surroundings
  2. 02 · AgencyCONPRESP, CONDEPHAAT, IPHAN or more than one
  3. 03 · LevelWhat the resolution requires to be preserved
  4. 04 · ConstructionRepair, renovation, restoration or demolition
Work that usually requires authorization:Facade paintingWindow replacementInterior renovationRoof and roofingSign and awningWork in the surroundings

What protection changes for each type of work

It is the first thing MTC reviews: the type of intervention defines the application, the documents and who decides.

InterventionWhat the rule requires
Repair, painting and maintenancePrior authorization from the agency, even for painting
Replacing windows and doorsA separate application; changing the model, the material or the opening is treated as renovation
Interior renovation or expansionDesign approved by the heritage agency and a City Hall permit; the limit is the protection level
RestorationAuthorization from the agency; a permit is also needed if there are adaptations beyond the original
Change of usePossible, if the adaptations preserve what led to the listing
Signboard or signIn a listed neighborhood, only 1 identification sign of up to 1.50 m²
ParkletIn front of a listed property, prior consent from DPH/CONPRESP
DemolitionProhibited on a listed property; in the surroundings, it depends on authorization
Renovation in the surroundings (surrounding protected area)Without changing the volume, built area or permeable area, Resolution 28/2013 waives CONPRESP consent
Surroundings of a state or federal listed propertyDesign approved beforehand by CONDEPHAAT or IPHAN

Each property follows the resolution that protected it, and the same address may be protected by more than one agency. MTC reads each agency's rules before the design.

Source: Law No. 10.032/1985 (CONPRESP), arts. 20, 21, 31 and 34(opens in a new tab)

Why get authorization first

From fined work to work approved by the heritage agency

Tap a problem to see how it is solved.

What happens to work without authorization

DPH can inspect the listed property and indicate work to be done or undone. Each following stage weighs more heavily on your budget and on the work schedule.

  1. 1

    Inspection and violation notice

    The agency points out what was done without authorization and what must be undone.

    What can be done

    Stop the work and apply for regularization.

  2. 2

    Fine based on the assessed value

    From 10% to 100% of the assessed value for a listed property; from 10% to 50% in the surroundings.

    What can be done

    Request an agreement (TAC) before the fine, if the damage is reversible.

  3. 3

    Mandatory restoration

    The owner restores at their own expense, with a fine of at least 1% of the assessed value per day until it starts.

    What can be done

    A restoration design within DPH's guidelines.

  4. 4

    Criminal action

    Altering a protected building without authorization carries a penalty of 1 to 3 years of imprisonment.

    What can be done

    Defense with the client's lawyer; MTC takes care of the technical part.

Beyond the heritage agencies: where irregular work gets stuck

At City Hall

  • Permit on holdWithout the heritage agency's opinion, there is no permit.
  • Conditional regularizationEven the Amnesty depends on the agency's consent.

In business

  • Shared liabilityThe possessor and the contractor are liable too.
  • Sign on holdA sign on a protected property goes through the agency.

In finances

  • Fine and restorationBoth can be required at the same time.
  • TDC on holdWithout a good state of repair, there is no certificate.

Planning to renovate, paint or restore a protected property? Contact MTC before you start.

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What an authorization in order brings

  • Work cleared

    Work starts with authorization from the right agency.

  • Design within the resolution

    Protection level checked beforehand.

  • Permit unblocked

    Heritage agency and City Hall on the same design.

  • Preserved property

    Facade and protected elements in order.

  • Sale and lease

    Property with nothing pending at the heritage agencies.

  • Path to the TDC

    Good state of repair, required for the certificate.

When it is needed

  • Renovating a house, shop or office in a listed property
  • Work on a property next to a listed property
  • Facade painting, or window or roof replacement
  • Sign, awning or parklet on a protected property
  • Change of use of a listed property
  • Notice, fine or work stopped by the heritage agency

Documents that help you get started

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

  • Updated property record
  • IPTU bill, with the taxpayer number
  • Owner's or company documents
  • Current photos of the property and the facade
  • Old plans or approved design, if any
  • Condominium meeting minutes, if the work is in a common area

How we handle your case

  1. 1

    Protection check

    Who protects the property and at what level.

  2. 2

    Reading the resolution

    What the work can change and what it preserves.

  3. 3

    Project

    Survey, technical documents and RRT or ART.

  4. 4

    Heritage application

    DPH/CONPRESP, CONDEPHAAT or IPHAN, with “Comunique-se” notices.

  5. Work approved

    Heritage authorization and City Hall's permit in order.

Important
  • Work only starts with the heritage authorization and, when required, the permit.
  • A property under study for listing has the same restrictions as a listed one.
  • Each agency that protects the property reviews its own application.
  • An application with incomplete documentation is not reviewed.

Questions about work on listed properties (CONPRESP, CONDEPHAAT and IPHAN)

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

See all questions

Yes, but only with prior authorization. Under Law 10.032/1985, a listed property can only be repaired, painted, restored or altered with authorization from DPH and, when necessary, from CONPRESP. A property under study for listing follows the same regime, and what the work can change depends on the protection level. If the work needs a permit, City Hall only decides after the heritage agency.

Source: Law No. 10.032/1985 (CONPRESP), arts. 20, 21, 31 and 34 (opens in a new tab)

In the city, the check is done with the IPTU taxpayer number in the Registry of Listed Properties (Cadastro de Imóveis Tombados, CIT) or on GeoSampa, and the IPTU bill also shows the protection. The state shows the properties it protects and their surrounding protected areas on the IDESP map. Since the same property can be protected by more than one agency, all three levels must be checked.

Source: São Paulo City Hall (DPH): how to find out if a property is listed (opens in a new tab)

It is the area around the listed property, defined in the listing resolution, where work follows rules that protect the visibility and the setting of the property. In the city, work in the surrounding protected area goes through DPH/CONPRESP, but Resolution 28/2013 waives consent for renovations that do not change the volume, built area or permeable area. Breaking the rules for the surroundings leads to a fine of 10% to 50% of the assessed value of the land.

Source: Resolution CONPRESP No. 28/2013 (renovations in the surrounding protected area without prior consent) (opens in a new tab)

They are preservation levels used in CONPRESP resolutions. In the Bela Vista resolution, for example, NP1 preserves the whole property, outside and inside; NP2 preserves the entire exterior and, sometimes, interior parts; and NP3 keeps the external features and the harmony with protected neighbors. Each resolution defines its own levels, so reading it comes before the design.

Source: Resolution CONPRESP No. 22/2002 (Bela Vista), art. 7: levels NP1, NP2 and NP3 (opens in a new tab)

Only with prior authorization: the law includes painting among the interventions that depend on the heritage agency. Under IPHAN's rule, replacing window and door frames with others of the same model and material is a simplified renovation; changing the model, the material or the opening is a renovation. In the municipal fine, facade frames and finishes count as affected elements.

Source: Ordinance IPHAN No. 289/2025 (authorization of interventions, replacing 420/2010) (opens in a new tab)

In the city, from 10% to 100% of the assessed value, depending on severity, and from 10% to 50% when the violation is in the surroundings. The owner also has to restore the property at their own expense, with a fine of at least 1% of the assessed value per day until the restoration begins. The possessor, the technical manager and the contractor are liable along with the owner.

Source: Law No. 10.032/1985 (CONPRESP), arts. 20, 21, 31 and 34 (opens in a new tab)

No. Law 10.032/1985 prohibits destroying, demolishing or mutilating a listed property, with a fine of 1 to 10 times the assessed value and an obligation to rebuild. Destroying or altering a protected building without authorization is also a crime, punishable by 1 to 3 years of imprisonment and a fine. In the surroundings, demolishing a property that is not listed depends on authorization from the agency.

Source: Law No. 9.605/1998, arts. 62 to 64 (crimes against cultural heritage) (opens in a new tab)

There is no single deadline. Resolution 06/2001 gives DPH up to 45 days for the technical opinion, extendable when information is missing, and some cases also go to a Council meeting. An application with incomplete documentation is not reviewed. At IPHAN, Ordinance 289/2025 provides for up to 45 days, or 60 for restoration.

Source: Resolution CONPRESP No. 06/2001 (authorization by DPH and CONPRESP) (opens in a new tab)

Legal basis and sources

Informational content, reviewed on November 11, 2026. The rules may change; the analysis of each case considers the rule in force on the date of the application. MTC is a private company, not affiliated with government agencies.

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