Maria Flavia Seabra and Marina R. Cavalli
It is no news that the current mayor has been concerned with the development of an urban policy that can improve the quality of life in São Paulo. His main target is to update the laws that provide for urban city rules, such as the revision of the Master Plan, the Zoning Law and the São Paulo Building Code.
In 2014, an "urban planning race" was kicked off, with the publication of the new wording of the Strategic Master Plan (PDE), which defined principles that will govern the development of the city by 2029. At the end of 2013, the city government started a legislative process to revise the Zoning Law (LPUOS). After discussions and amendments, the bill was voted in the House of Representatives of São Paulo in December 2015, and in February of this year. Mayor Fernando Haddad sanctioned it on March 23, 2016.
Among the significant changes is the higher densification of areas nearby subway stations and bus lanes, inspired by international urban policies of countries like Singapore, Spain and Japan. Commercial, residential or mixed-use buildings may be erected with an area of up to four times the square meters of the land, including as a result of public-private partnerships. In addition, the tax incentives provided for in the PDE for the construction of mixed-use buildings have been kept, with small shops on the ground floor.
Another positive aspect is the unification of the urban code, given that, with the approval of the law, all rules regarding the division of urban land by subdivision or parceling, use and occupancy are arranged in only one single code, facilitating the population′s access to information.
Other beneficiaries, in this context of red tape cutting, will be small business owners. Those activities that fit into the category of low risk of damage to physical integrity, discomfort and traffic flow will have their licensing process simplified.
However, not everything is perfect.
The new maximum height of buildings in the so-called Centralized Zones (i.e. Rua Cardeal Arcoverde and Rua Teodoro Sampaio), established by the Zoning Law as up to 48 meters, and the possibility of more than one parking space in certain developments close to major avenues, have caused quite a controversy during voting and are already under review by the Judiciary. This is because the São Paulo Master Plan has fixed a maximum height of 28 meters for buildings, and established that each building shall only have one parking space.
Another point that generated a lot of discussion was the expansion of trade in some typically residential areas. Neighborhoods like Jardins, Pinheiros and City Lapa would become part of Corridor Zones, in which the development of small businesses would be allowed. After much discussion, including with popular participation, these neighborhoods were considered as Special Cultural Preservation Zones due to listing as historic places or unique features that require special care in case of densification or mischaracterized preservation.
Despite all the controversies and discussions on this topic, the new law came into force on March 23, 2016. Some say that the change will consolidate the neighborhood centers and protect core areas, as well as help the city to overcome the current economic crisis affecting the country. However, the goal in modernizing urban life and improving social and environmental quality may only be achieved with a significant contribution of the Government, which includes investing in services, advanced technology, public transport and housing programs, combined with the effective economic development of certain regions. The restricted or permitted use and occupancy of areas may not be sufficient to raise São Paulo to the level of modernity and quality of life desired by its citizens.
