What is and how the regularization of construction and the need to settle in 

The occupancy permit is one of the essential documents for the delivery of a property, as it attests to its living conditions. Without it, the developer will not be able to deliver the project to the acquirers, just as the acquirers will not be able to obtain real estate financing or deed the unit and register the property in their name.

To better explain this document and its importance, we have prepared this quick guide. Keep reading and check it out!

After all, what is Inhabit Yourself?

Occupation is a certificate issued by the city hall, which certifies that the work followed the construction standards, Municipal Legislation and that the property can be used for the purpose for which it was built.

Before issuing the occupancy permit, it is necessary to follow other steps, such as making a protocol of the project’s construction and submitting it for approval by the city hall. “After analysis of the construction project by the City and provided that the requirements of the Municipal Legislation are met, the City will issue an approval and an execution permit, which will remain in force during the work”, explains Adelina Vieira Xavier, a lawyer at Cyrela.

At the end of the work, a technician goes to the project and confirms that it was built as stated in the construction project. After this confirmation, the certificate is issued.

What does construction regularization mean?

After obtaining the occupancy permit, it is necessary to regularize the construction in the property registration, which will contain all the information, property registration, liens, modifications, etc. that have a connection with the property, that is, elements related to the real right of the property or of its owners.

These items must appear in the registration through Registration or Registration. In this way, it is possible to consult the changes that the property has undergone, which can be:

  • improvements;
  • buildings;
  • property transfer;
  • dismemberments;
  • assignment of real estate credit.

“The registration of the construction of the project is after the Occupation, so after the city issues the Occupation, we need to request the construction registration in the registration, as well as the specification of the autonomous units and the institution of the condominium and the opening of registrations for each of the autonomous units”, explains Adelina. “This procedure is done at the competent Real Estate Registry Office.”

In summary, we can say that the registration of the construction of the project consists of the registration of the property registration.

What is the relationship between occupancy and registration of the project’s construction?

“For a project to be considered completed, the city hall needs to certify the completion of the work through the Habite-se”, explains the lawyer. “With the occupancy permit issued, we took the information to the Real Estate Registry Office. In this case, we require the registration in the registration to inform that the construction has been completed”.

How important is property registration?

In Brazil, registration is required for any property, regardless of the city. “It works as a RG, being a document through which the registry registers the property’s information”, comments Adelina.

It will contain various information, such as who the owners are and whether the property was sold from one person to another. “The notary office certifies the construction after the occupancy permit, thus opening the registrations for each of the autonomous units (apartments)”, explains the lawyer.

In short, the construction company’s team goes to the notary’s office and requests the registration of the construction of the project and the opening of registrations for each autonomous unit.

What are the owner’s obligations in relation to the Occupation?

As Adelina reports, the person who will buy the property from the developer has no obligation in this regard, as it is the developer who requests the issuance of the occupancy permit.

What happens after the registration of the occupancy permit?

When Habite-se is released, the construction company’s team, in Cyrela’s case, manages to register the construction, specify the condominium and ask the registry to open a registration number for each apartment in the development. This is because, until then, there was a single registration for the property.

For example, in the case of a building with 400 apartments, each property will have its own private owner, so the registry opens 400 registrations. With this, the customer will be able — if he has paid off the unit (in cash) — to make the purchase and sale deed and transfer the Cyrela unit to his name.

If he makes a bank financing, after the stage of the notary’s office, he will be able to take the documentation to the bank and request the credit.

What support can the developer provide to the owner?

“We told our client that the occupancy permit was issued, that we have already registered the construction and the registrations are individualized”, comments Adelina in relation to what happens at Cyrela. “Based on this, we inform you that it is possible to obtain financing and then we advise our client on obtaining this credit.”

The internal department, which monitors each case, and a contracted external advisor provide buyers with a list of documents necessary to obtain financing. They also accompany the bank in issuing this contract and in its subsequent registration in enrollments.

“Regardless of the type of apartment, luxury or not, the documents are the same”, points out Adelina. “It is an analysis of the bank and there is a standard relationship”.

Regarding the time for requesting and issuing the occupancy permit and its registration, Cyrela sets up a schedule involving:

  • the completion of the protocol for the occupancy permit;
  • the date scheduled for the visit by the city hall technician;
  • the month in which the occupancy permit will be issued;
  • the month to register the construction;
  • the registration information.

The lawyer emphasizes that the delay in issuing the Habite-se means that the delivery of the work is delayed. Therefore, the schedule mentioned above is so important, as it aims to minimize the time involved in these processes. After all, it involves pre-defined steps, the prior survey of information and advances organization of the documents necessary for the registration of the construction and for other records.

Finally, it is worth emphasizing that the issuance of the occupancy permit and the regularization of the construction with the Real Estate Registry Office are necessary for the release of use and housing in the property. “Without this, the owner will not be able to make the financing or book it”, warns Adelina. “As long as the construction registration and the specification of the unit owner in the registration are not done, the owner cannot do anything”.