In the legal context of land regularization in Brazil, the Federal Constitution of 1988 (Articles 182 and 183 - social function of property) stands out, as well as Federal Laws No. 11.952/2009, No. 11.977/2009, and No. 13.465/2017.
Rural land regularization consists of a set of legal, environmental, and social measures aimed at regularizing rural properties within the legal framework and processing the titling of their occupants. This ensures the social function of rural property, the right to housing, and the right to an ecologically balanced environment. Thus, regularization is an important instrument for guaranteeing the territorial security of rural property owners and is an effective act to curb land grabbing and illegal deforestation in the national territory.
Main Actions for Land Regularization in Brazil
Thus, assess the physical, environmental, social, ownership, and legal situation of the area to be regularized to promote the regularization of rural properties. Through a multidisciplinary diagnosis, the feasibility of regularization is verified, as well as the possibility of complying with all formal and legal procedures.
Similarly, to regularize occupations of rural properties located on federal public lands, the occupant becomes the property owner, provided they meet the requirements set forth in Federal Law 11.952/2009. Occupations in conservation units, indigenous lands, quilombola territories, agrarian reform settlements, and areas with recorded land conflicts will not be regularized.
Required Documentation
After following the necessary steps, gather the pertinent documents and produce the required technical pieces to formalize the legalization of the property with public agencies and the local land registry office.
Salienta-se que, além da garantia do título de propriedade, o processo de regularização fundiária poderá contemplar uma análise das condicionantes ambientais e sociais, bem como mapear as intervenções físicas necessárias para assegurar as condições regulares de ocupação e consolidação da área em questão.
Subsequently, with the land registry in hand, it is possible to fully exercise the right to property, enabling access to rural credit, facilitating the acquisition of machinery, agricultural implements, and rural insurance, providing accurate and publicly certified information about the property, and valuing the asset with the receipt of the definitive land title.
However, in addition to the information described in this article, the main obligations and processes applicable to rural properties are detailed, such as: land regularization; environmental permissing; water use grant; Rural Environmental Registry (CAR); Rural Territorial Tax (ITR)); Environmental Declaration Act (ADA);Federal Technical Registry of Potentially Polluting Activities and/or Users of Environmental Resources (CTF/APP); Certificate of Rural Property Registration (CCIR), and Georeferencing of Rural Properties.
Above all, Clam has a multidisciplinary team specialized in rural land regularization and other related obligations. Get in touch our commercial department for more information about solutions for your enterprise/property.
