Regularization · São Paulo City Hall

IPTU area review

A check of the area, use and construction standard City Hall has on record for the property, with measurement under the IPTU rules and a correction request at the Finance Department, so the IPTU bill matches the real property.

Table by the window with the IPTU bill, a house floor plan with the built area marked in pencil, a tape measure, a calculator and glasses, with townhouses on a São Paulo street in the background

Quick answer

IPTU area review in São Paulo, in a few lines

The IPTU is calculated from the data City Hall holds on the property: built area, lot area and frontage, use, standard and year of construction. When the area in the registry differs from the real one, the tax comes out wrong; if the real area is larger, City Hall can charge the difference for previous years still within the 5-year limit, with a fine. The correction is requested at the Finance Department, through a challenge within 90 days of the due date of the 1st installment or through a registry update, and it depends on proof. MTC measures the property under the IPTU rules, prepares a sketch and a descriptive report with an ART or RRT, and follows the request.

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

Reporting changes
Within 60 days of the expansion or change of use
Source: Law No. 10.819/1989, arts. 3 to 6 (IPTU registry and fines)(opens in a new tab)
Challenging the bill
90 days from the due date of the 1st installment
Source: Law No. 14.107/2005, arts. 30 and 36 (challenging the tax assessment)(opens in a new tab)

What the IPTU area review is

The IPTU is calculated from the data City Hall holds on the property in the Tax Property Registry (Cadastro Imobiliário Fiscal): built area, lot area and frontage, use, type and standard of construction, and year of completion. When one of these items does not match the real property, the tax comes out wrong, either too high or too low. The review is a technical check of this data and a correction request at the Municipal Finance Department.

An expansion, demolition or change of use must be reported within 60 days. City Hall cross-checks aerial images against the registry and can revise the assessments of previous years, within the 5-year limit and with monetary adjustment, and the law sets a fine of 50% of the tax that was not assessed because of undeclared or inaccurate data. When the error works against the owner, there are 90 days to challenge it, counted from the due date of the 1st installment.

What most often holds things up is the proof: the IPTU area follows its own rules, different from those of the approved plan and the property record, and a request without a measurement and a sketch does not hold up. MTC measures the property, compares it with the registry under the IPTU rules, prepares a sketch and a descriptive report with an ART or RRT, and follows the request at the Finance Department. When the extra area is not regular, MTC points to regularization; legal defense arguments and court actions are handled by the client's lawyer.

What MTC does

  • Registry check

    IPTU bill and City Hall data compared with the real property.

  • On-site survey

    Measurement of covered areas, terraces, pool, lot and frontage.

  • Sketch and descriptive report

    Areas calculated under the IPTU rules, with an ART or RRT.

  • Request at the Finance Department

    Registry update or challenge, with follow-up.

Understand it in one image

From the IPTU bill to a corrected registry

  1. 1

    Bill check

    The area, use, standard and year City Hall has on record for the property.

  2. 2

    On-site survey

    Measurement under the IPTU rules: walls, terraces and pool.

  3. 3

    Sketch and descriptive report

    Where each square meter comes from, with an ART or RRT.

  4. 4

    Request at the Finance Department

    Challenge within 90 days or registry update (DAC).

  5. 5

    Registry corrected

    Request decided and data updated in the IPTU.

IPTU area larger than the one on the deed? The IPTU adds uncovered terraces, pools and, for apartments, a share of the common areas.

Illustrative diagram, based on Law 10.235/1986 (area measurement), Law 10.819/1989 (reporting within 60 days) and Law 14.107/2005 (challenge within 90 days). The Municipal Finance Department decides the request.

What sets your IPTU

One wrong item changes the assessed value and the tax.
  1. 01 · AreaBuilt area and lot area, with frontage
  2. 02 · UseResidential or non-residential
  3. 03 · StandardType and finish of the construction
  4. 04 · AgeYear of completion or renovation
Most common situations:Expansion not on recordExtra area on the billNew annex or roofed areaPool and terraceHouse turned into a businessDemolished part still on record

What goes into the calculation and where the error usually is

The assessed value (valor venal) is the sum of the land and the building, and every item in the registry affects the result. The IPTU area follows its own measurement rules, different from those of the approved plan.

Registry dataHow the law treats itCommon error
Built areaHow the law treats it:Covered areas, measured along the outer outline of the walls or columnsCommon error:Expansion, annex or roofed area not on record, or a demolished part still on record
Terrace, balcony and sports courtHow the law treats it:Uncovered and paved, counted along the outer outlineCommon error:Uncovered area added without an on-site check
PoolHow the law treats it:Along the inner outline of the wallsCommon error:Pool built after the last registration, or already filled in
Condominium unitHow the law treats it:Private area plus the share of the common areasCommon error:Comparing it with the private area on the deed and concluding there is an error
Lot and frontageHow the law treats it:Total area and street frontage, which define the depthCommon error:Measurements different from the real lot or the property record
Type and standardHow the law treats it:Classification in the law's tables, according to the features of the buildingCommon error:Standard that does not match the finish
Year of constructionHow the law treats it:Age since the work was completed; renovation and expansion change the calculationCommon error:Year of renovation or expansion entered incorrectly
UseHow the law treats it:Residential or non-residential, which defines the type of constructionCommon error:A house turned into a business, or the other way around, without an update

The IPTU area can be larger than that of the approved plan, because uncovered terraces and pools count in the tax calculation. The difference is only an error once it has been checked on site.

Source: Law No. 10.235/1986, arts. 4 to 17 (assessed value and built area)(opens in a new tab)

Why review the area

From a bill that does not match to a registry that matches the property

Tap a problem to see how it is solved.

What happens when the registry does not match the property

City Hall cross-checks the registry against aerial images and construction completion declarations. When it finds a difference, the path at the agency is usually as follows.

  1. 1

    Difference found

    Aerial images or declarations show a larger area than the one in the registry.

    What can be done

    Check the area and report the change before an inspection.

  2. 2

    Supplementary assessment

    Difference for the years still within the 5-year limit, with monetary adjustment.

    What can be done

    Check the assessed area and challenge it within 90 days if there is an error.

  3. 3

    Violation notice

    A fine of 50% of the tax that was not assessed, with 30 days to file a defense.

    What can be done

    Defense within the deadline, with the technical part ready.

  4. 4

    Overdue debt (dívida ativa)

    Overdue, unpaid debt is sent for collection by the City Attorney's Office.

    What can be done

    Negotiate or dispute the debt with the client's lawyer.

Beyond the tax: what a wrong registry costs

In a sale

  • Wary buyerIPTU, property record and property with different areas.
  • Debt on the propertyOverdue IPTU stays with the property when it is sold.

In finances

  • Unexpected expenseDifference from previous years, with monetary adjustment.
  • Overpaid taxAn area above the real one is charged every year.

In the paperwork

  • Outdated useA business registered as a house, or the other way around.
  • Half-finished regularizationRegular area that has not yet reached the IPTU.

Got an IPTU bill with a different area or expanded the property? Contact MTC before requesting the correction.

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What the area review brings

  • Tax based on the real property

    Calculated with the data the property really has.

  • Fewer surprises

    Changes reported before any inspection.

  • Deadline met

    Challenge filed within the 90 days.

  • Consistent documents

    Differences between the IPTU, the plan and the property record explained.

  • Smooth sale

    The buyer receives verified data.

  • Technical evidence

    Measurement and descriptive report with an ART or RRT.

When it is needed

  • IPTU bill with an area different from the real one
  • Expansion, annex or pool not reported
  • Demolition of part of the building
  • Change of use, from house to business or the other way around
  • Supplementary tax assessment notice
  • Regularization or Amnesty completed

Documents that help you get started

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

  • IPTU notice (bill)
  • Owner's ID document
  • Updated property record
  • Approved plan, Habite-se or Certificate of Regularization, if any
  • Current photos of the property
  • Supplementary assessment or violation notice, if any

How we handle your case

  1. 1

    Bill check

    City Hall data compared with the property.

  2. 2

    Survey

    On-site measurement under the IPTU rules.

  3. 3

    Sketch and descriptive report

    Areas, photos and technical responsibility.

  4. 4

    Request at the Finance Department

    Registry update or challenge, depending on the deadline.

  5. Registry corrected

    Request decided and property data updated.

Important
  • The Finance Department decides the request: submitting the declaration does not mean the data has been accepted.
  • Extra area in the registry can lead to charges for previous years still within the 5-year limit.
  • The 10% annual increase cap does not hold back an increase that comes from the updated area.
  • Legal defense arguments and court actions are handled by the client's lawyer; MTC takes care of the technical part.

Questions about the IPTU area review

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

See all questions

The correction is requested from the Municipal Finance Department through the Registry Change Declaration (Declaração de Alteração Cadastral, DAC), with the IPTU notice, the owner's document and the plan or sketch of the area. A change of use also requires photos and a recent water or electricity bill. The Finance Department reviews the request before changing the registry.

Source: São Paulo City Hall (Finance Department): changing the valuation data in the registry (DAC) (opens in a new tab)

It is 90 days, counted from the regular due date of the 1st installment or of the single payment. If City Hall issues a new notice, the deadline restarts on the due date of the new charge. While the challenge is under review, the charge is suspended; if it is denied, the original amount is charged with interest and a fine.

Source: São Paulo City Hall (Finance Department): challenging the IPTU notice (opens in a new tab)

Yes. When a fact it did not know about comes to light, such as an undeclared expansion, City Hall revises the assessment as long as the 5-year limit has not passed, counted from the 1st day of the year after the one in which the tax could have been assessed. Under Law 6.989/1966, tax assessed later comes with monetary adjustment.

Source: National Tax Code (Código Tributário Nacional), arts. 149, 165, 168 and 173 (opens in a new tab)

Law 10.819/1989 sets a fixed fine for a declaration filed late or not filed, with adjusted amounts, and a fine of 50% of the tax that was not assessed because of data not declared or declared inaccurately. The fine comes together with the charge for the tax difference.

Source: Law No. 10.819/1989, arts. 3 to 6 (IPTU registry and fines) (opens in a new tab)

Because each document measures in its own way. The IPTU counts covered areas along the outer outline of the walls, paved uncovered terraces and balconies, and pools; for apartments, it adds the private area and the share of the common areas. Only after measuring under the IPTU rules is it possible to know whether there is an error.

Source: Law No. 10.235/1986, arts. 4 to 17 (assessed value and built area) (opens in a new tab)

No. The law states that the IPTU assessment does not presume the property is regular and serves no purpose other than taxation. The expansion becomes regular with the permit, the Certificate of Regularization or the Amnesty, and is then recorded on the property record.

Source: Law No. 6.989/1966, arts. 2, 14 and 19 (IPTU) (opens in a new tab)

The National Tax Code gives the right to a refund of tax overpaid because of an error in the facts about the property. The request must be made within 5 years of the payment date and depends on proof of the error, such as a measurement and a sketch. The Finance Department decides.

Source: National Tax Code (Código Tributário Nacional), arts. 149, 165, 168 and 173 (opens in a new tab)

Yes. When the work is completed or regularized, the Construction Completion Tax Declaration (Declaração Tributária de Conclusão de Obra, DTCO) provides the data to update the IPTU registry. Until the Finance Department updates the assessment, CEDI may show an area different from the one on the bill.

Source: São Paulo City Hall (Finance Department): Construction Completion Tax Declaration (opens in a new tab)
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