Parque Augusta and the multiplication of construction potential: the Transfer of Building Rights for the implementation of Municipal Parks in the 2014 São Paulo Master Plan

Abstract

The Transfer of Building Rights (TDC) is an urban policy instrument which allows the transfer or alienates the right to build of a property with public interest. In the City of São Paulo, the TDC for Public Parks has strike attention, especially after its use in the agreement regarding Parque Augusta between City Hall, Public Ministry, civil society, and the construction companies Cyrela and Setin. This article aims to analyze the transfers from the Declarations of Transferable Construction Potential issued to the lands of Parque Augusta. For this, based on the data collected up to July 2020, the study carried out TDC simulations for the parks of the city of São Paulo in order to show the exacerbated multiplication of construction potential resulting from this modality. It also points out the possible effects of such multiplication and indicates the legal provisions that led to such distortion, exclusive of the TDC modality for Municipal Parks.

Keywords:
Transfer of Building Rights; Augusta Park; City Statute; Master Plan; Urban Policy; Urban Legislation