Overview of the Onerous Grant of the Right to Build in the Metropolitan Region of São Paulo

Abstract

This paper investigates the hypothesis that municipalities with real estate dynamics may have been more interested in regulating the instrument of the Onerous Grant of the Right to Build (OGRB) in São Paulo Metropolitan Region. It uses a cartographic method, produces spatialized analyses of real estate production (EMBRAESP launches); identifies and analyzes urban regulation and its parameters. The results show that among the 31 municipalities with real estate production in the period analyzed, 20 regulated, indicating that today, the idea of charging for the right to build is conceptually, theoretically and empirically robust. However, we found 11 cities with real estate dynamics and no regulation, others with none of them, parameters permissive, or ineffective, with many exemptions and discounts in the charge. The permissive calibration of the parameters suggests a move away from “command and control” parameters of zoning or definition of “urban form” - such as height, etc. - and an approximation of economic and market logics. The study suggests that there should be cooperation between cities, a “metropolitan rule”, going beyond the limits of the municipality given by urban planning after the City Statute, avoiding the “parameter war” that the economic logic of the instrument imposes.

Keywords:
Onerous Grant of the Right to Build; Metropolitan Region of São Paulo; Real estate; Urban development; Urban regulation