Sao Paulo’s Ordinance sets forth the Certificate of License of Conditioned Operation, Ordinance No. 15,499 of December 7, 2011.
Tatiana Metran (Lawyer of Corporate Team)
São Paulo’s Ordinance No. 15,499 of December 7th, 2011, creates a new kind of license known as “operating license”: Certificate of License of Conditioned Operation. According to this legal provision, companies with commercial, industrial, institutional and service provision activities, compatible or tolerable to residential neighborhood, whose activities are performed within a total area of 1,500m² in a building in a irregular situation, located in areas considered as of “non-residential use” are able to apply for the Certificate of License of Conditioned Operation.
The new ordinance also provides for a number of other requirements so that companies can request such a license, for example, to meet the parameters of health and safety which will be certified by a legally qualified technical officer. Moreover, the activities of the companies must meet the parameter laid down by Ordinance No. 13,885 of August 25, 2004.
On the other hand, according the new ordinance, the following are exempt from obtaining the Certificate of License of Conditioned Operation: i) individuals performing their professional activities in their own residences situated in any area, except in Exclusively Residential Zone (ZER), with no more than one employee;
iii) individual Micro-entrepreneurs duly registered as such in the performance of non-residential activities in any area except in Exclusively Residential Zone (ZER) and in Exclusively Residential Zone of Environmental Protection (ZERp).
The Certificate of License of Conditioned Operation will be sent electronically no later than 60 days after the date of filing of the application. The license must be requested by the person responsible for the activities to be performed in the area and will be valid for two years. This period may be renewed for an equal period as long as the person concerned proves the regularization procedure of the building before the competent organ has already been initiated.
The expedition of the final Certificate of License of Conditioned Operation can only be granted when the regularization of the building by its owner or possessor is obtained through the submission of all the required documents. Finally, the ordinance that sets forth the Certificate of License of Conditioned Operation provides for the imposition of a fine of $ 10,000.00 (ten thousand reais), which will be doubled in case of recidivism, with as a consequence the invalidation of the certificate, should it be found that there has been a misuse of electronic system of licensing activities or the provision of false information for the application for such license.