Would you live in 8 m²? Minimum allowed varies in capitals – 07/03/2023 – Market

The increase in the cost of housing and construction and the drop in income boost the presence of compact properties in the largest Brazilian capitals. Both through housing programs and the private initiative, houses and apartments of less than 30 m² have been an alternative to meet the housing needs of different income groups. However, the definition of the minimum square footage for housing is far from being consensual in the country.

Each municipality is responsible for establishing rules for the construction, renovation and use of buildings within its territory. Which includes the size of the houses.

In the five capitals where compact apartments have gained prominence, the minimum required for a residence ranges from 8 m² to 25 m².

In São Paulo, the capital with the highest number of compact property launches in the country, municipal legislation requires housing to have at least spaces for rest, living, toilets and kitchen. The layout of these rooms must occur from 8 m² in properties that are not of social interest. For popular housing, the useful area must be greater than 12 m², according to Complementary Law No.

“Law 16.642, of 2017, which guides construction in the capital of São Paulo currently establishes the minimum footage per compartment [cômodos]. The kitchen, for example, needs to have a diameter of 1.50 meters. Which would give something around 1.80 m². For the toilet, the requirement is a diameter of at least 90 centimeters. It is less than a square meter. As for the area for the bed, it should be from 5 m²”, says Pedro Serpa, professor at FGV and partner of the S2 office.

According to the complementary law, if there are more than one bedroom, one of them will be allowed a minimum area of ​​6 m², and with two bedrooms, a compartment of 5 m².

In 2022, compacts accounted for more than half of the properties launched in São Paulo. According to Secovi-SP Research of the Real Estate Market, the price range was between R$ 240,000 and R$ 500,000.

Compact apartments are also spread across Rio de Janeiro, mainly in neighborhoods close to the beaches and regions with a high concentration of commercial activities.

The minimum usable area of ​​residential units in multifamily or mixed buildings determined by Rio legislation is 25 m². “Excluding balconies and uncovered terraces” and neighborhoods in the south zone and Greater Tijuca, informs the text. For these locations, the minimum average area must be 35 m².

Complementary law 198, of 2019, says that apartments in Rio must have at least two habitable compartments, a bathroom and a kitchen.

“The common practice of municipal building codes is to demand that the rooms provide thermal and acoustic comfort and be safe, regardless of size”, says Serpa.

In the country’s capital, population growth has driven the supply of smaller properties. Brasilia legislation establishes a minimum area of ​​26 m² for studios. One-bedroom properties must be from 32 m². “Sole paragraph. The areas referring to the areas of parking spaces are disregarded for the calculation of the areas of main private use provided for in this article”, states the text of the Code of Works and Buildings of the Federal District.

To acquire an apartment with the minimum size in the third most populous city in Brazil, it is necessary to spend around R$ 200,000 in Sudoeste, a neighborhood considered upscale. In Asa Norte, a unit of 26 m² is around R$ 250,000, according to research by the report with local real estate agents.

The capital of Minas Gerais also follows the trend, with compact apartments present in different regions of the city. Limiting a minimum area of ​​24 m² for a residence, the law prohibits the construction of bathrooms with a door that opens onto the food preparation environment.

Based on data from QuintoAndar, Imovelweb and Wimóveis, a survey shows that, just like in Rio de Janeiro, in Belo Horizonte, the value of a micro-apartment is, on average, half the value of a one-bedroom apartment.

In Porto Alegre, the limitation for housing is 18 m², “in a way that allows tracing, on its floor, a circle with a minimum diameter of 2.40 meters”. The demand for compact cars is concentrated in the central region of the capital of Rio Grande do Sul.

According to a QuintoAndar study from earlier this year, compact car rental in Porto Alegre is one of the most accessible in eight surveyed capitals, second only to Fortaleza.

The average price for renting apartments of up to 30 m² in Porto Alegre is R$ 860. In the city, spending also does not exceed the percentage of 30% of the family income commitment, considered
by experts and international entities.

“The study shows, by the way, that, in some cities, this type of property is the only one that does not exceed the percentage limit”, says Vinicius Oike, economist at QuintoAndar.

For lawyer Marcelo Tapai, specialist in real estate law, although the percentage of investment in leasing or buying a compact car is smaller, it is still significant, especially for low-income families.

“In São Paulo, the master plan in force encourages the construction of social housing as a higher grant value for properties up to 30 m². But this function was lost with developers taking the concept to serve the middle class”, he says.

The popular 15 m² houses built by the City of Campinas to house families of up to eight people drew criticism from President Luiz Inácio Lula da Silva. In all, 116 units should serve 450 people from the Mandela Vive Occupation in the interior of São Paulo.

According to lawyer Pedro Serpa, Campinas legislation allows social housing to reach a minimum size of 12 m². “There are Brazilian cities that don’t even establish a minimum area for families to live in,” he says.