- Home
- Industries
- Real Estate
Real estate lawyer for developers and builders in Brazil
For developers, builders, land subdividers and investors who need to take a project off the drawing board with legal certainty, from land to handover.
A real estate lawyer for developers in Brazil follows the project from land to handover: real estate due diligence, registration of the development (Law 4,591/1964), ring-fenced project assets, urban permits, purchase and sale agreements, contract cancellations (Law 13,786/2018) and land regularization. Call before buying the land, launching sales or changing the approved design.
A real estate lawyer for developers in Brazil joins the project before the first sales brochure. The choice of land, the way it is acquired, city approval and registration of the development define what can be sold, when and at what risk, and decisions rushed at this stage tend to resurface years later, when units are handed over.
The sector follows Law 4,591/1964 on real estate developments, the ring-fenced assets regime (patrimônio de afetação) introduced by Law 10,931/2004, Law 13,786/2018, which regulated contract cancellations, Law 6,766/1979 on land subdivisions, Law 13,465/2017 on urban land regularization and each municipality's zoning laws. On top of that come the Consumer Protection Code and lenders' requirements.
We work with developers, builders, land subdividers and investors, including foreign capital entering the Brazilian real estate market, connecting these rules to the project cycle: land due diligence, structuring through special purpose companies, permits, contracts with buyers and suppliers and defense in disputes over delays, construction defects and cancellations.
Industry challenges
Land with hidden liabilities
Encumbrances, lawsuits against sellers, environmental restrictions and discrepancies in the property record can block registration of the development or its financing.
Permits and design changes
Changes to the approved design, zoning requirements and permit deadlines affect schedule and sales. Changing without regularizing leads to embargoes and complicates the occupancy certificate.
Cancellations and delivery delays
Buyer withdrawals and construction delays are recurring sources of litigation. Law 13,786/2018 set rules, but the contract must be drafted in line with it for them to apply.
Construction defects and liability
Defects generate complaints from condominiums and buyers for years after handover, requiring technical and legal management of warranties and deadlines.
How we help
Land due diligence and acquisition
We review the property record, certificates, chain of title and zoning and environmental restrictions, and structure the acquisition through purchase, land swap or partnership with the owner.
Development and project structure
We prepare the documentation to register the development, assess the ring-fenced assets regime and organize SPVs and partnerships among developer, builder and investors.
Contracts with buyers and suppliers
We draft sale commitments with the summary table and cancellation rules required by Law 13,786/2018, as well as construction, contracting and service agreements.
Regularization and real estate litigation
We handle land and building regularization and act in disputes over delays, construction defects, cancellations and conflicts with licensing authorities.
Practice areas involved
Frequently asked questions
What is patrimônio de afetação in a real estate development?
It is the ring-fencing of a project's land, improvements and funds from the rest of the developer's assets, provided for in Law 4,591/1964 as amended by Law 10,931/2004. The project's assets and revenues are thus tied to its completion and to delivery of the units, which gives buyers and lenders more security.
How does cancellation of an off-plan purchase work?
Cancellation follows Law 13,786/2018, which amended Law 4,591/1964 and set rules for refunds and penalties when the buyer withdraws. Retention limits vary depending on whether the project is under the ring-fenced assets regime, and the contract must set out these conditions in the summary table.
When must the development be registered?
The development must be registered with the real estate registry before the developer sells the individual units, under Law 4,591/1964. Selling without registration exposes the company to sanctions and to challenges from buyers.
Do you advise foreign investors and real estate funds?
Yes. We advise investors, funds, developers and builders on acquisitions, partnerships, project structuring and disputes, with due diligence tailored to the risk profile of each transaction. Purchases of rural land by foreigners face specific restrictions, which must be checked before any commitment.
What is REURB and when does it apply?
REURB is urban land regularization under Law 13,465/2017, which allows informal urban settlements to be brought into the urban planning system and their occupants to receive title. It applies to consolidated subdivisions and settlements without proper registration and may involve the municipality, the occupants and the responsible developer.
Does your next development start on solid legal ground?
Talk to us before closing on the land or launching sales and get a clear reading of the project's risks.