Newsletter Real Estate | São Paulo Municipal Law No. 17,340/20 and Decree No. 59,396/20

Municipal Law No. 17,340/20 and Decree No. 59,396/20, published, respectively, on 01/05/2020 and 05/05/2020, both of São Paulo, defines, among other subjects, measures for the extension and suspension of permit validity periods of construction and operating licenses and regulate the use, by the Public Authorities, of hotels, inns, guest houses and similar for social purposes.

Aiming to regulate economic activities during the period of public calamity, the municipality of São Paulo enacted Law 17,340 of May 1, together with Decree nº 59,396 of May 5. In this newsletter, we will highlight the main legal implications brought by the normative acts in the sectors of civil construction and accommodation.

1.  Civil Construction

Regarding the civil construction sector in the Municipality of São Paulo, Law nº. 17,340/2020 stipulated the extension, for 1 (one) year, of the validity period of all issued licenses, as well as of the licenses to be issued within the period of 6 (six) months from the date of publication of the Law.

The extension and dilation of the terms are applicable to the following licenses, set forth in Law No. 16,642/2017:

i)   Approval Permit;

ii)   Execution Permit;

iii)  Approval and Execution Permit;

iv)   Project Amendment;

v)    Security Certificate;

vi)   Approval Permit: (a) installation of siding over part of the public sidewalk; (b) installation of a crane over public space; (c) installation of a construction site in a property other than that in which the construction works will be carried out; (d) installation of a sales stand in the same location where the construction is located or in a property other than the one where the construction works will be carried out;

vii)  Equipment Registration: (a) registration of the Special Security System; (b) registration of tanks, pumps and related equipment; (c) registration of mechanical equipment for permanent transportation;

viii)  Equipment Maintenance: (a) maintenance of storage tank equipment, pump, fuel filter and related equipment; (b) maintenance of mechanical equipment for permanent transport already installed and which remains unchanged in its characteristics, must renew the registration of equipment by issuing the Annual Inspection Report (RIA), provided by specific legislation; (c) maintenance of Special Security System Equipment in the building.

The extension and dilation of deadlines will also apply to licenses provided by the following laws:

i)    Law No. 10,205/86, which governs the issuance of an operating license;

ii)   Law No. 16,402/16, which governs the subdivision, use and occupation of soil in the Municipality of São Paulo (LPUOS);

iii)  Decree No. 49,969/08, which regulates the issuance of functioning license self, operation license, permit for public and temporary events and an operating consultation term;

iv)  Law No. 15,499/11, establishing the Conditional Operating License: (a) Operating License; (b) Operating Permit of Meeting Place; (c) Permit for Public and Temporary Events; (d) Conditioned Operating License; (e) Revalidation of Operating License of Meeting Place; (f) Renewal/extension of permit for public and temporary events; (g) Renewal/extension of the Conditional Operating License.

v)  Helipad Operation License referred to in Law No. 15,722/2013 and Decree nº 58,094/2018, regarding the installation and operation of heliports and helipads in the Municipality de São Paulo.

Finally, the Municipal Licensing Secretariat and the Municipal Subprefecture Secretariat may regulate, within the scope of their competences, the necessary procedures for the execution of the measures provided in art. 18 do Decree No. 59,396/2020.

1. Accommodation and Hotel Management

Regarding the objectives and guidelines for the assistance measures that affect the accommodation and hotel management sector, the Municipal Law establishes, in art. 13, that Public Authorities may make use of available bed-places in hotels, inns, guest houses and similar establishments for the following persons:

i)    Health professionals;

ii)   Homeless people; and

iii)  Women victims of violence.

Such measures, which have social finality, will be applied together with Decree No. 59,396 of May 5, 2020, which aims to regulate the Municipal Law. In this case, § 1º of art. 16 of the aforementioned Decree establishes that it will be up to the Municipal Secretariat of Assistance and Social Development, with the support of the Municipal Secretariat for Human Rights, to provide lodging spaces in hotels, inns, guest houses and similar establishments for homeless people and women victims of violence, as long as the necessity is duly proven.

§2º of the same article provides that the hiring of vacancies referred to in § 1º may be carried out by means of public bidding through call notice that considers objective selection criteria. In addition, the Municipal Secretariat of Assistance and Social Development will be responsible for regulating, by ordinance, the necessary procedures to comply with the measures mentioned above.

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MATERIALS

Full Content of Municipal Law n. 17.340/20 (In Portuguese): http://www.docidadesp.imprensaoficial.com.br/NavegaEdicao.aspx?ClipID=a4a2f7ab193752f5a8450ef07165f670&PalavraChave=LEI%20N%C2%BA%2017.340

Full Contento f Decree nº 59.396/2020 (In Portuguese): http://www.docidadesp.imprensaoficial.com.br/NavegaEdicao.aspx?ClipID=73f001e26a7ef3fd77116653cfa5f40d&PalavraChave=Decreto%20n%C2%BA%2059.396

 

CONTACTS:

Bernardo Schiller
Patner
T: +55 21 3262-3004
E: bschiller@cmalaw.com

Theo Keiserman
Patner
T: +55 21 3262-3021
E: theo.abreu@cmalaw.com

Ivandro Trevelim
Patner
T: +55 11 3077-3561
E: ivandro.trevelim@cmalaw.com

Cristiano Schiller
Associate
T: +55 21 2217-2014
E: cristiano.schiller@cmalaw.co