Lincoln Institute in the News

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Brazil is the protagonist in forum urbanism solutions on land use

Status of legislation allowing cities and central areas of occupation by the poor are praised for Latin American Forum on Instruments Notable Urban Intervention

by Guilherme Alpendre, especially for the RBA published 11/05/2013 10:25


Quito - Brazil stood out - positively - the Latin American Forum on Urban Intervention Notable instruments, held this week in Quito (Ecuador) by the Lincoln Institute of Land Policy. The meeting condensed in three days, 22 remarkable experiences of urban intervention successful in Latin America (four were Brazilian).


The projects presented sought to correct and interfere with some sensitive points of the training and development of Latin American cities. An example is the need to recover the investment in infrastructure (which values ​​property, but does not reflect a return to the public). Another case is that of combating speculation in urban land and strategies to force the use of land and buildings. In both examples, the Brazilian law (Statute of the City in particular) has been cited by experts from across the continent as "sophisticated" and "Advanced". But a law professor at the State University of Rio de Janeiro, Sonia Rabello, this forum, mused: "The legislation provides the tools, but municipalities still do not apply."


The city of São Paulo had one of the most sophisticated tools of the continent: the Certificate of Additional Construction Potential, or simply Cepac. It is a document that gives the owner of land the right to build beyond basic determined by film master plan. Ie: the developer can climb a tower higher than anticipated in the plan (to some extent), but need to buy this right of city hall.


The innovation in this case, which is what sets this instrument onerous grant, is the use of the stock exchange to negotiate these permissions, which are held by real estate agents in public auctions. "It is the first time that the rights to build are treated as shares, is a very sophisticated," said Professor Paulo Sandroni, FGV, responsible for the presentation. For now the Cepac is restricted to areas of urban operations Faria Lima and Water Espraiada but Sandroni argues that the method is extended to the entire city of São Paulo: "With Cepac you can capture more features than the method used today, a value close to the market and sometimes higher. "


Another instrument was presented paulistano the Special Zone of Social Interest (ZEIS). A professor at FAU-USP and UN Rapporteur on the Right to Adequate Housing, Raquel Rolnik, celebrated ZEIS as resistance to urban ruling that says the land value is given by the highest and best use. "Usually those who occupy the more central areas are those that pay more, trades or residences for high-income families. This generates a process of 'export' the poor to the peripheries. What ZEIS does is say 'center is also the best use', ie, that the best use is not necessarily the most profitable, "argues Rolnik. The mechanism that determines a certain area of ​​urban sprawl may only be erected houses of social interest - which holds the value of the land and allow people to remain in the regions where they are already installed or holding areas before coveted by major developers. The slum Coliseum, in the Faria Lima, Edith and Garden, next to the cable-stayed bridge, are examples of organized social groups that resist gentrification process under protection ZEIS.


Alongside Brazil, stood instruments used by administrators in Colombian cities like Bogotá and Medellín. The country also has an advanced legal framework with regard to the social use of property and recovery of infrastructure investments that lead to enhancement of properties of individuals. Bogotá has applied stringent policies over the last decade, as the forced auction. For this instrument, the City determines that an owner take to use idle land or building in two to three years. If the order is not met, the property is put up for auction with a minimum price below market.

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