Certificate of Occupancy in Florianópolis: How to Regularize Already-Built Construction in 2026

Certificate of Occupancy in Florianópolis to regularize already-completed construction has been granted an extension through December 31, 2026. Lei Complementar 707/2021, known as Destrava Floripa, created a special procedure for buildings completed without building permits. Owners with unlicensed work can resolve the situation now, before the window closes.

Florianópolis contains thousands of constructions erected without municipal approval. A significant portion of the city’s 70,000 irregular lots—many concentrated in irregular neighborhoods across the island—involves some degree of construction irregularity, from unlicensed additions to entire homes with no approved plans.

The Municipality increased inspections in 2026. Owners who fail to meet the Destrava Floripa deadline will face fines, work stoppages, and in extreme cases, demolition orders.

Certificate of Occupancy in Florianópolis to Regularize Construction: What LC 707/2021 Allows

Lei Complementar 707/2021 opened a simplified procedure to obtain a certificate of occupancy for already-built structures in Florianópolis. The certificate of occupancy is just one piece of the process to fully regularize a property. The law recognizes a reality: a significant portion of the city’s construction occurred outside the regular urban licensing process.

Destrava Floripa does not grant amnesty for irregularities. It creates a legal pathway to regularize through submission of technical documentation, payment of fees, and compliance with minimum safety requirements.

Time Threshold: Constructions Through December 31, 2020

Lei Complementar 707/2021 establishes a rigid time threshold. Only constructions completed through December 31, 2020 can use the simplified procedure. Buildings completed after that date follow the standard process, with requirements for prior permits and full compliance with the Master Plan.

Accepted proof of completion date includes:

• Satellite imagery (Google Earth, Bing Maps)
• Utility bills (electricity or water) dated prior to December 31, 2020
• Property tax (IPTUIPTUVer tudo →) record showing built area
• Photos with date metadata
• Prior municipal inspection reports

Deadline Extended Through December 31, 2026

The program’s original deadline underwent extensions. The current version allows submissions through December 31, 2026. After that date, the Municipality will not accept new applications under the simplified procedure.

Note: This deadline guarantees only the initial filing, not completion of the process within 2026. Analysis and issuance of the certificate of occupancy may extend months after submission.

Who Can Use Destrava Floripa to Obtain a Certificate of Occupancy?

The program serves owners, possessors, and buyer-occupants of properties with unlicensed constructions completed through the time threshold. The conditions are:

• Construction completed through December 31, 2020
• Property located in an urban area of Florianópolis
• Building meeting minimum structural safety requirements
• Owner or possessor with proven legitimacy
• No construction in permanent preservation area (APP) or other absolute environmental restriction

Constructions in APP, marine terrain without authorization, and mapped geological risk areas are excluded from the program, even if they meet the time threshold.

Step-by-Step Process to Regularize Construction Without a Permit

The procedure involves technical and administrative stages. The owner needs a qualified professional (engineer or architect) to prepare the documentation.

Documents Required by the Municipality

The complete list for filing with the Municipal Urban Development Secretariat (SMDU):

• Standard completed and signed request form
• Architectural project *as built* (as constructed) signed by a qualified professional
• ART or RRT from the responsible technical professional
• Descriptive memorial of the building
• Structural stability report
• Fire safety report (for buildings over 200 m²)
• Proof of land title regularity (property registration record or recorded contract)
• Proof of completion through December 31, 2020
• Updated property tax (IPTU) receipt
• Negative certificate of municipal debts

Process Stages at SMDU

After filing the documentation, the procedure follows this flow:

• Filing — formal submission of the request (immediate)
• Document Review — verification of technical documentation (30 to 60 days)
• Inspection — municipal inspector verifies compliance on-site (15 to 30 days)
• Requirements — potential request for additional documentation (variable)
• Approval — acceptance of the regularization plan
• Fee Payment — payment of regularization and certificate of occupancy fees
• Issuance of Certificate of Occupancy — final document

The average total timeline in Florianópolis ranges from 4 to 12 months, depending on complexity and workload at SMDU.

How Much Does a Regularization Certificate of Occupancy Cost in Florianópolis?

Total investment depends on the size of the construction and the need for structural adjustments. The typical range is:

Estimated Cost Table

Larger constructions or those requiring significant structural improvements raise costs. For a general comparison, see regularization costs in Florianópolis. Simple buildings (single-family residential up to 200 m²) fall in the lower range.

What Happens If You Don’t Regularize the Construction?

Florianópolis Municipality has tightened inspection enforcement in 2026. Owners who do not regularize construction face concrete financial and legal consequences. Conversely, owners who regularize may see property value appreciation of up to 50%.

R$ 4,000 Fine Per Unlicensed Structure

Florianópolis’s Building Code provides for fines up to R$ 4,000 per building without a permit. The penalty may accrue repeatedly, especially for recurrence after notice.

Beyond the fine, the owner is prevented from:

• Selling the property with bank financing
• Obtaining a regularity certificate for estate proceedings
• Recording the construction on the property registration record
• Obtaining residential insurance
• Using the property as collateral in credit operations

Intensified Demolitions in 2026

The Municipality expanded demolition actions for unlicensed constructions in 2026. Focus falls on new work without permits—especially in preservation areas and public land. Older constructions also come under scrutiny when they present structural risk or occupy environmentally sensitive areas.

A demolition order generates additional costs for the owner. Beyond losing the building, the owner bears removal fees and potential environmental penalties.

Frequently Asked Questions About Certificate of Occupancy in Florianópolis

Can construction completed after 2020 use Destrava Floripa?

No. The time threshold in LC 707/2021 is rigid: only constructions completed through December 31, 2020. Later work requires prior permits and certificate of occupancy under the standard procedure.

Do I need the property registration record to request a certificate of occupancy?

The registration record facilitates the process but is not the only path. Possessors can present a recorded contract, formal property division document, or a possession certificate issued by the municipality. Land regularization can proceed in parallel—including through subdivision when the lot is part of a parent registration record.

Does the certificate of occupancy resolve land title irregularity as well?

No. The certificate of occupancy regularizes the structure with the municipality. Ownership irregularity (missing registration record, unrecorded sales contract (contrato de gaveta)) requires its own procedure: adverse possession (usucapião), REURB, or compulsory adjudication.

Can I sell the property during the regularization process?

Yes, but the buyer assumes the property in its current condition. Sale during an active certificate of occupancy process is legally possible but complicates bank financing.

Does an unlicensed addition also fall under Destrava Floripa?

Yes, as long as the addition was completed through December 31, 2020. The *as built* project must cover the entire structure, including the added section.

Regularize Your Construction Within the Deadline

Discover how to regularize your property. Fill out the form and receive a free analysis from a real estate regularization attorney in Florianópolis.

[RD STATION FORM]

• Tag: regularizacao-imobiliaria
• Fields: Name | Email | Phone | Property Location