Green and yellow house and land tenure regularization

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In order to minimize issues involving housing problems in Brazil, the Federal Government created in 2009 Minha Casa Minha Vida.

The program offered financing for houses and apartments in both urban and rural areas and negotiations involving States, DF, Municipalities and non-profit entities. The program embraced families with gross family income of up to R$9,000 a month and had no other house in their name. Subsidies and financing conditions varied depending on the family's income bracket. Yellow Green House Program

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One of the main differences between the Casa Verde Amarela Program and the Minha Casa Minha Vida Program is the end of Band 1, aimed at those with a monthly family income of R$1,800.00, in the current program, R$2,000.00. In the PMCMV, the builders and interested entities built houses and these were transferred to the beneficiary families subsidized considerably by the Federal Government, through resources from the Public Budget. This subsidy could reach 95% (ninety-five percent), 120 monthly installments (10 years) and the installments ranged from R$80.00 to R$270.00, based on the analysis of the family's financial capacity.

The apartments and houses of the PMCMV in Strip 1 were resettlement instruments, or were part of municipal and state housing access programs, responding to a pressing need in Brazil. It was a strategy to resettle communities that were removed or socially marginalized. Track 1 was also used by Construction Entities for their selected demand, whether in self-managed projects or subcontracting construction companies.

 

In the Casa Verde e Amarela Program, for this income group there is no longer the construction of houses and apartments, only for land regularization and housing improvements, as per the legal provisions:

  • Resolution No. 225, of December 17, 2020.
  • Normative Instruction No. 2, of January 21, 2021.
  • Annex of IN No. 2, instruction manual of the Land Regularization and Housing Improvement Program.

Land Regularization, in general terms, is the process that includes legal, notary, urban, environmental and social measures, with the purpose of integrating irregular settlements into the legal context of cities.

It is a "set of legal, urban, environmental and social measures aimed at the regularization of irregular settlements and the title of their occupants, in order to guarantee the social right to housing, the full development of the social functions of urban property and the right to an ecologically balanced environment”.

Land tenure regularization converts a situation of evident precariousness in the exercise of citizenship into the best expression of Brazilian dignity.

In the Casa Verde e Amarela Program, land title regularization ensures the issuance of a title guaranteeing real rights over the property to families with monthly income of up to R$5,000 reais and housing improvements will be made to families of up to R$2 thousand reais a month. These families are selected by the local government according to the socioeconomic characteristics and conditions of the property. This is how the standard is.

The housing improvement consists of the renovation, expansion of the property, such as: roof construction, extra bedroom, bathroom, electrical or plumbing installations, flooring and finishing in general. Equipment for solar heating or energy efficiency may be installed.
The forecast regarding the housing improvements aims at not harming the investments already made by the families. To have access to the subsidy involving land title regularization or housing improvements, it is necessary to be in the Federal Government's CadÚnico, not own other properties in the national territory and be over 18 years of age or emancipated.

The investment in land title regularization and housing improvement is much smaller (from R$500.00 to R$20,000) when compared to the resources needed to build a housing unit (an average of R$80,000).

Land regularization programs have been implemented since the 1990s by various state and municipal governments, including not only the land tenure dimension, but also the physical consolidation of neighborhoods. In 2004, the Federal Government instituted the “Paper Past Program”, nickname of the National Land Regularization Program (PNRF). The program aimed at “institutional articulation aimed at removing legal and legal obstacles to land regularization […] and financial and technical support to the states, Federal District and municipalities for structuring urban land regularization programs and actions”. With an initial goal of one million regularized homes, the program supported municipalities, states and civil society organizations to promote regularization actions.

Unfortunately, the operationalization of programs that involve land title regularization involves so many interests and “lobbies” that they end up not fulfilling their social, urban and economic role. These projects saw a “tug of war”, a test of strength and resistance of those interested and involved in the process.

Law 13,465/2017, approved by the Temer Government, provides for the possibility of regularizing properties in spaces with no conditions of habitability, without the urban infrastructure that States and Municipalities should provide. It is necessary for the viability, the Municipality's acquiescence and the willingness of the interested parties (residents) to bear the costs. In several cases and circumstances, there is a provision for a
constitutional guarantee regarding the exemption of these costs to citizens.

In the case of REUB-S – Land Regularization of Social Interest, residents will be able to promote regularization with their own resources, project costs and documentation through financing through the FDS – Social Development Fund. Still in 2020, the forecast is for the release of R$500 million in resources. The forecast is to serve 130 thousand families in these modalities of land title regularization and housing improvement, declared the MDR – Ministry of Regional Development. And it also provides that the average per contract is R$3,800, corresponding to small-scale interventions, without involving structural precariousness problems in properties and settlements.

At Minha Casa Minha Vida, the construction companies “controlled” the market, as it moved in dependence on their offer. In practice, there is no demand provided by the government, municipality and states. And much less quality control in processes, documents, regulations. It often happened that properties were offered without construction quality or urban, environmental and social commitment. Until then, a similar reality is outlined in Casa Verde and Amarela with regard to land tenure regularization. Private companies offer their services and projects to areas they have chosen that are of interest to them.

In the meantime, another important issue is that a regularization involves a range of dwellings and situations. And we are talking about properties and areas that are not legalized. Therefore, it is a contractual relationship between individuals. And a circumstance in which there is a risk of default, which needs to be accounted for, but which cannot prevent the regularization of the entire area included in the specific case. In other words, who bears this risk is not the government but the private agent. The Casa Verde e Amarela Program advances resources for these companies that proceed with land title regularization involving mediation (settling the collective bargaining agreements), projects and approval of subdivisions (without infrastructure). Soon,
It is essential to make insurance solutions that cover this default, which increases the cost of the process and may make it unfeasible in some communities.

This reality favored the development of “Home Equity” (loans with real estate under guarantee), enabling lower interest rates, expanding the reach of the credit market and making these regularizations feasible. Practice that started in the 90s in several countries, by the World Bank, for example.

The fact is that everyone involved needs to be imbued with means so that informality and document irregularities are actually fought. The policy needs to be one of joining forces and not a game of interests or pushing and shoving. The policy of social inclusion and constitutional guarantee of decent housing needs to go beyond paper, platforms and offices. The lobby needs to be such as to qualitatively develop and transform the real estate market. Unlocking, unlocking the informality of the land is an almost insurmountable barrier that prevents the expansion of the healthy economic-financial real estate ecosystem in cities. Since incorporation is possible if the documentation is regular, the area is duly registered.

At another point is the situation of the notary system. There is insecurity and a technological-structural imbalance between notary offices across Brazil. While in some services through blockchain technology (technology that made possible the existence of cryptocurrencies, such as bitcoins ), drawing up acts online, safely, bringing transparency, enabling the national integration of notary offices,
as well as speed and optimization of processes, many registries are not even computerized. They still operate manually, without minimal structural conditions. Remembering that the popularization of Home Equity is only made possible by e-notaries, by blockchain technology.

In practice, we see notaries of notes drawing up acts digitally and registry offices that only accept physical documentation or bureaucratize the completion of the act, with a list of requirements, contrary to the officiality of notarial acts and public faith of notaries. There is a nonsense, a mismatch between institutions, bodies and entities.

In addition, although in Brazil there are already around 2,000 utilities operating the system, there are notary offices in Brazil that are not even computerized. They still operate manually, without minimal structural conditions. Not to mention the number of notary offices with titleholders without approval in the competition as provided for in the law, which may imply the quality of the work and responsibility for its execution.

Thus, the land tenure regularization proposed by the Casa Verde e Amarela Program loses its identity when it does not provide security of tenure, gives the right to property, enables the constitutional guarantee of the right to decent housing for citizens. To indebt citizens or to make it easier for popular classes to take credit, aiming to favor banks, would not be the motivation in line with the original principle of land regularization. Right?

Source: Tajarat.com.pk

 

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