Parcelamento do solo urbano

• Autor(a) principal: Silva, José Marcelo Tossi
• Data de Publicação: 2023
• Tipo de documento: Tese
• Idioma: por
• Título da fonte: Biblioteca Digital de Teses e Dissertações da Uninove
• Texto Completo: http://bibliotecatede.uninove.br/handle/tede/3448
• topic: parcelamento do solo urbano; loteamento; desmembramento; deveres; direitos; obras de infraestrutura; patrimônio de afetação; loteador; empreendedor; município; contratos; compromisso de compra e venda; consumidor; urban subdivision; subdivision; dismemberment; duties; rights; infrastructure works; appropriation assets; developer; builder; municipality; contracts; sales contract; consumer; CIENCIAS SOCIAIS APLICADAS::DIREITO

Dividing urban land, for the establishment and development of cities and the different centers that make them up, has relevant social and economic resonance. Through the division of their land, cities expand urban limits and change the shape and density of occupation of centers already established. Furthermore, through the division of urban land, new real estate units are built and placed on the market, consisting of lots that are intended for different uses. When meant for housing, the creation of lots from the subdivision of a piece of land makes it possible to meet the demands of all economic classes of the population, from the most advantaged to the most needy ones. The division of urban land aimed at the setting-up of industrial and commercial lots, or mixed-use ones, has equal effects as it represents an element for economic development, the production of new wealth and its distribution, having as one of its effects the improvement of the labor market. Leisure subdivisions also bring about changes that impact the economic and social aspects of cities, with the expansion of their limits to areas far from urban centers. It is an eminently business activity, with its practice regulated by mandatory rules that are meant for the legal protection of those purchasing the lots, for the urban protection necessary for the development of the city to meet the different needs of its inhabitants and those who travel there, and for the protection of the economically sustainable environment and historical and scenic heritage, as a way of materializing the dignity of the human person. The text addresses the division of urban land from a theoretical approach as well as based on the practical application of the legislation that regulates it, which is done through an assessment of topics relating to: the historical context of its regulation, legislative evolution and set of regulations in Brazil; definition and distinction between urban and rural properties; urban zoning; elements and requirements for carrying out the activity; presentation of a proposal to define the doctrine; registration procedure in the Real Estate Registry Office; constitution of the appropriation assets; implementation of the infrastructure by the developer and the municipality's responsibility for inspection and regularization; rights and duties of the developer; rights and duties related to contracts for sale of lots; the application of the Civil Code, the Consumer Protection Code and the rules governing the constitution of the defaulting buyer. The business nature of the activity, the civil liability of land developers who own land and non-owner builders, real estate development and its application to the developer who is compelled to construct a building on the lot are also analyzed. Finally, aspects of the building condominium, lot condominium, slab rights and simple urban condominium are discussed, to distinguish these doctrines from subdivision and dismemberment. It thus provides a broad view of urban land subdivision activity.