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Regularization · City Hall and registry office

Property regularization

Technical analysis, project design, and follow-up so that the property is consistent with City Hall and with the property record at the registry office.

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Aerial view of a block of houses in São Paulo, with a townhouse that has a new room on the roof slab

Quick answer

Property regularization in São Paulo at a glance

Construction or an expansion done without a City Hall permit is regularized with the Regularization Certificate (Certificado de Regularização), provided for in the Building Code (Law 16.642/2017), when the work complies with the law. If it does not comply and was completed by July 31, 2014, the path may be the Amnesty (Anistia, Law 17.202/2019), with applications until November 30, 2026. Afterwards, the construction is recorded on the property record (matrícula) at the registry office (cartório).

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

City Hall document
Regularization Certificate, equivalent to the Habite-se
Source: São Paulo City Hall (SMUL): irregular building and Regularization Certificate(opens in a new tab)
Tolerance
Deviation of up to 5% from the law
Source: Building Code (Código de Obras e Edificações), Law No. 16.642/2017(opens in a new tab)
Decision deadline
Up to 90 days for City Hall to decide on the application
Source: Building Code (Código de Obras e Edificações), Law No. 16.642/2017(opens in a new tab)
Amnesty
Work completed by July 31, 2014, applications until November 30, 2026
Source: Decree No. 65.481/2026 (Amnesty deadline until November 30, 2026)(opens in a new tab)

What property regularization is

Regularizing a property means making what exists on the land match what is approved by City Hall and recorded at the registry office.

The difference usually appears over time: an extra room, a backyard annex, a second floor, an enclosed garage, a shop on the ground floor of a house. Often the owner only finds out when trying to sell, get financing or open a business, or when a notice arrives.

The path depends on the case: project approval, Amnesty, Certificate of Completion (Habite-se) and recording on the property record. MTC reviews the property, indicates the procedure and follows each step through to the final document.

What MTC does

  • Property assessment

    We compare the actual construction with the approved plan, the property record and the IPTU.

  • Survey and design

    Measurement, technical drawings and the documents required by City Hall.

  • Technical responsibility

    Qualified professional with an ART or RRT on every document.

  • Complete follow-up

    Filing, answers to requirements, Habite-se and recording.

Understand it in one image

Which path fits your work

  1. 1Was the work done with a Construction Permit (Alvará de Execução)?
    Yes
    Certificate of Completion (the former habite-se)
    No
  2. 2Without a permit, does it comply with the law, within a 5% difference?
    Yes
    Certificate of Regularization
    No
  3. 3Does it not comply with the law, but was it completed by July 31, 2014?
    Yes
    SP Amnesty, with applications until November 30, 2026
    No
None of these cases: the work must be brought into line with the law before applying for regularization.
With the certificate, the construction is recorded on the property record at the registry office. Only then is the property regular on paper.
Simplified diagram of the Building Code (Law 16.642/2017) and Law 17.202/2019. The technical analysis confirms the path for each property.

A regular property is one where the four records say the same thing

If one of them differs, there is an irregularity.
  1. 01 · On the landThe construction that exists today
  2. 02 · At City HallApproved project and Habite-se
  3. 03 · At the registry officeProperty record with the area recorded
  4. 04 · In the IPTUTax registration with the correct area
What most often causes irregularities:Expansion without a permitAnnex in the backSecond floorCovered or enclosed garageShop on the ground floor of a houseDifferent area on the property record

What it costs to leave the work unregularized

The Building Code defines what happens when City Hall finds work without a permit or a building without a certificate. That is what regularization avoids.

SituationWhat the Building Code provides
Work without a permitFine, stop-work order (embargo) and summons, issued at the same time (art. 83)
Building completed without a certificateSummons to apply for the document within 5 days; fine reapplied every 90 days, for up to 1 year (art. 93)
Technical managerLiable for 80% of the fine (art. 97)
Repeat offense20% increase each time, up to 2 times the initial fine (art. 98)
Defense15-day deadline to submit a defense (art. 96)

Low-cost housing and places of worship get the fine reduced by 90% (art. 99).

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

Why regularize the property

From irregular property to regularized property

Tap a problem to see how it is solved.

What happens to an irregular property

At City Hall, the situation usually gets worse over time. Even after a notice or a fine, regularization can still be requested, and the sooner it starts, the simpler it is.

  1. 1

    Notification

    City Hall identifies the irregularity and sets a deadline for a response.

    What can be done

    Respond within the deadline with the regularization application or a technical defense. It is the simplest moment to resolve the issue.

  2. 2

    Fine

    Without a response within the deadline, a violation notice follows, and it may be repeated as long as the irregularity continues.

    What can be done

    File an appeal where applicable and file the regularization application to stop further violation notices.

  3. 3

    Stop-work or closure order

    The work is stopped or the use of the property is restricted until the situation is resolved.

    What can be done

    Make whatever adjustments are required and prove the regularization in order to request release.

  4. 4

    Demolition

    In serious cases, when the construction cannot be regularized, demolition may be ordered.

    What can be done

    Assess whether there is a technical or legal alternative, such as partial adjustment or eligibility for the Amnesty.

Beyond City Hall: where an irregular property gets stuck

When selling or financing

  • Sale blockedThe registry office and the bank do not accept a deed for an area that is not registered.
  • Financing deniedThe bank values only the area recorded on the property record. The rest is left out of the loan.

In using the property

  • License deniedCompanies located at the property cannot get an operating license.
  • Insurance coverage questionedThe insurer may dispute a claim for an area that is not in the documents.

In the family's assets

  • Loss of valueAn irregular property sells at a discount and attracts fewer buyers.
  • Complicated probateHeirs receive only what is on the property record (matrícula). The built area is left out.

The sooner regularization starts, the fewer the steps and costs.

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What regularization brings to the property

  • Added value

    A property with up-to-date documentation is worth more and sells faster.

  • Access to credit

    It can be financed, refinanced or used as collateral.

  • Legal certainty

    What exists becomes recognized by City Hall and the registry office.

  • No more fines

    Regularization ends the source of the violation notices on the construction.

  • Commercial use cleared

    Opens the way for the operating license and the AVCB.

  • Inheritance without surprises

    Probate and division of the estate proceed with the property's real area.

When it is needed

  • Expansion, new floor or annex without approval
  • Difference between the construction, the plan and the property record
  • Notice, summons or fine from City Hall
  • Sale, financing or probate
  • Change of use to a shop or services

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 or statement
  • Approved plan, if any
  • Current photos of the construction
  • Notice or fine received, if any

How we handle your case

  1. 1

    Initial analysis

    Documents, situation at City Hall and possible path.

  2. 2

    Survey

    Measurement of the existing construction on site.

  3. 3

    Design and ART

    Technical documents signed by a qualified professional.

  4. 4

    Filing

    Application at City Hall and answers to requirements.

  5. Habite-se and recording

    Certificate of Completion and entry on the property record.

Important
  • Not every construction can be regularized. The initial analysis says whether there is a path.
  • Fees and compensation payments may be charged by public agencies.
  • The timeline depends on City Hall and the complexity of the case.

Questions about Property regularization

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

See all questions

By applying for the Regularization Certificate, provided for work done without a City Hall permit. The work must comply with the law of the time when it was built, adapted to safety and accessibility rules, or with the current law.

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

The Regularization Certificate requires the work to comply with the law, with a tolerance of up to 5%. The Amnesty (Law 17.202/2019) regularizes buildings that do not comply with the law, as long as they were completed by July 31, 2014, with applications until November 30, 2026.

Source: Law No. 17.202/2019 (Amnesty) (opens in a new tab)

No. For an irregular building, City Hall only accepts the regularization process or the demolition process. First you regularize, then you apply for the renovation.

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

Property documents, the simplified design of what was built, a topographic survey when necessary and the completion declaration signed by a qualified professional. Elevators and equipment must be registered.

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

Yes. The drawings and the application declaration are signed by a qualified professional, who is technically responsible for what was declared.

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

The Building Code gives City Hall up to 90 days to decide. If there are requirements ("Comunique-se" notice), the deadline to meet them is up to 180 days.

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

It issues a fine, a stop-work order (embargo) and a summons at the same time. The technical manager is liable for 80% of the fine, and repeat offenses increase the amount.

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

Record the construction on the property record (averbação). The Regularization Certificate is equivalent to the Habite-se and is the document the registry office uses for the recording.

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

Legal basis and sources

Informational content, reviewed on October 22, 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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