Does anybody know what licences projects need to start building in Brazil?

Discussion in 'Brazil Property' started by Jones Ralf, May 28, 2010.

  1. Jones Ralf

    Jones Ralf New Member

    I'm speakng to companies who sell in Brazil but need the name of the final licence needed before construction starts? Maybe a lawyer out there with info?
    thanks
     
  2. JMBroad

    JMBroad New Member

    For construction: Alvará de Construçao
    For sales: Registro de Memorial de Incorporaçao

    Have a look at the "Absolute Basics" thread
     
  3. Realclu1

    Realclu1 New Member

    Think environmental licence is most important to build!
     
  4. JMBroad

    JMBroad New Member

    The environmental license is the one license which you never know you'll get so often it is considered the most important hurdle in the licensing process. There are lots of important documents needed before you can build - the Alvará de Construçao is merely the actual "Building License" needed to start construction.
     
  5. globalinvestor

    globalinvestor New Member

    the Register is the final document i've read - make sure you don't look at anything without it because it can takes years!
     
  6. InvestinBrazil

    InvestinBrazil New Member

    The Alavara is neccessary as well as the environmental IDEMA (or SUDEMA) licence. It is always suggested to work very closely with the environmental licencing group within the state as they can kill a project.
     
  7. jimandsue

    jimandsue New Member

    Licenses

    Hello

    Who has a good contact for information on licences, seems too much misleading info from different agents?
    Sue
     
  8. JMBroad

    JMBroad New Member

    The best you can do is contact a lawyer who works with Brazil (or better yet a Brazilian lawyer). I can give you a couple of contacts of lawyers who have represented clients on our developments if you like who could give you more detailed information.

    Also, whereas there are many licenses needed, and while the environmental license (IDEMA and SUDAMA are merely two examples of Environmental agencies but there are numerous, for example IDEMA, IBAMA, OBAMA, SEMURB to name but a few)

    To BUILD as was the question, as a developer you need an Alvará de Construção. This is only granted after you have several other certifications, projects and licenses, including the environmental license.

    To SELL which is another thing entirely, you need something called a Registro de Incorporação (RI) - also sometimes referred to as the Memorial de Registro de Incorporação. This is the final license and proof that all the others are already in place. The tricky part is that while having the RI does mean that all the other licenses were in place, it is not a guarantee that the other licenses are still valid.

    As a rule, at least in the states I've looked at, developers won't start construction even if they have the Alvará de Construção, until they have also received the Registro de Incorporação because they want to make a certain number of sales to ensure that the development is financially viable.
     
  9. Sim_business

    Sim_business New Member

    SEMACE - Environmental License

    Hi,

    Does anyone know how long an Environmental License from SEMACE lasts for?

    And What the rules are exactly with regards to construction, say if you started construction while license was valid but then it expired during construction would you have to re-apply and or pay any fines etc?

    Thanks.
     
  10. Stephen Naish

    Stephen Naish New Member

    Licences

    As posted already, the Registro de Incorporação is I think the most important document and there are many steps to achieving this:

    In order for a development company to obtain planning permission to construct they first need to make an application to the local Town Hall. This is the first licence called an "Anuência". It is an authorization from the Town Hall that confirms that the project*conforms with the town legislation.

    The Brazilian Constitution of October, 5th of 1988, article 225, IV, states that in every development that may cause an environmental impact or risk, the developer is obligated to make an environmental study, that can be simple or complex, dependent upon the State environmental requirements.

    In fact this article means that an environmental agency is involved in almost all cases of development and the developer will be required to obtain three licences from the state environment agency.

    The second licence which will be required by a state environmental agency is the *"Licença Prévia". This is a preliminary authorization from the agency for the planning of the project, approving the location, conception,*environmental viability, studies and conditions to be met in the next stages of implementation. At this stage a request for an Environmental Impact Assessment may be made, if one has not already been carried out.

    The third licence required is the "Licença de Instalação". This authorizes the installation or construction of the project according to the specifications of the plans submitted, environmental studies, programs and approved proposals, including environmental control measures and other conditions.

    The final licence required by the environmental agency, the Fourth Licence, is the "Licença de Operação" which authorizes the*development to be operated, after the verification and compliance with the proceeding licences.
    *
    The final licence required from the Town Hall is the "HABITE-SE" which is authorization from the Town Hall confirming that the*construction*is in accordance with the planning applications.

    The first three permissions get you to the construction stage, but in most cases are only valid for a certain period of time.
     
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