The text of the project that modifies the zoning law of the most populous city in Latin America was approved in the first vote by the São Paulo City Council last week and, among the changes presented by the rapporteur Rodrigo Goulart (PSD), is the maintenance incentives for hosting services.
Initially, an extract of law 586/2023 provided a disincentive for short-term rentals, such as those offered through Airbnb, in the city of São Paulo.
Projects classified as “accommodation or lodging services” would no longer be considered “mixed use,” thus losing the benefits associated with this category.
But a substitute presented by the speaker proposes to limit the disincentive only to activities in apartments, apart-hotels, guesthouses or boarding houses. This means that other businesses, such as hostels, hotels and other short-term accommodation, would continue to be considered “mixed use” and, therefore, receive benefits for their construction.
“In my opinion, the replacement text is more favorable to platforms like Airbnb than the original text of PL 586/2023,” said Thiago Riccio, a lawyer specializing in real estate affairs. “These properties, which do not constitute apartments, apart-hotels, guesthouses or guesthouses, constitute a type of high-profile properties offered on platforms such as Airbnb.”
Since there is no regulation that classifies short-term rentals on online platforms, such as Booking or Airbnb, the activity would remain outside the categories subject to restrictions and, consequently, would not be affected.
The issue, which includes other changes, is expected to be discussed again in the second and final vote on Thursday.
Source: Terra

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