Licensing

Project licensing

What licensing requirements and procedures apply to construction projects in your jurisdiction (eg, planning consents)?

Licensing requirements and procedures vary according to the nature of the project and the laws enacted by the municipality where the project is located.

Typically, a municipality must approve all construction projects before their commencement. The approval of a project requires compliance with:

  • zoning ordinances;
  • local construction codes;
  • health and safety regulations; and
  • other applicable regulations.

Compliance with environmental licences is also required, as discussed below.

Following approval of a project, the municipality issues a construction permission (according to its own laws and procedures), which must identify:

  • the project owner;
  • the engineer and architect responsible for technical aspects of the project; and
  • the delivery date.

On conclusion of the project and before it is commissioned, several licences must be obtained, including:

  • an occupancy permission;
  • an operation licence (environmental);
  • a fire department inspection licence; and
  • the registration of the construction with the real property registry office.

Professional licensing and qualification

What licensing requirements and procedures apply to construction professionals, including any required qualifications?

Professional licensing is required for engineers and architects, who must be registered with the Engineering and Agronomy Regional Council (CREA) and the Architecture and Urbanism Council (CAU). To be eligible for registration, these professionals must hold an engineering, agronomy or architecture degree from an existing and certified higher education institution or university in Brazil. Professionals who perform construction-related activities without complying with these requirements may face both civil and criminal penalties.

Do any special rules and restrictions apply to foreign construction professionals?

Under Law 5,194/1966 and Resolution 444/00 of the Engineering, Architecture and Agronomy Federal Council (CONFEA), foreign construction professionals can work in Brazil provided that they are registered with the CREA or CAU. To register with these councils, foreign professionals must:

  • hold a degree in engineering, agronomy or architecture from a foreign institution, which must be revalidated and certified in Brazil;
  • be a construction professional according to the requirements set forth in international exchange conventions; or
  • be a professional hired to work in Brazil due to national interest and a lack of professionals in the sector.

Such professionals are granted temporary registration at the discretion of CONFEA.