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Foreigners Wishing to Buy Land in Brazil Have New Rules to Follow

Brazil Land Normative Ruling #1, which sets forth the administrative process for foreigners to request authorization to purchase or lease land in the country, was issued this past Friday, September 28, in the Diário Oficial, Brazil’s Official Gazette.

According to the ruling, foreigners living in Brazil or foreign companies with permission to operate in the country are to request authorization from the superintendence of the National Institute for Colonization and Agrarian Reform (Incra) in the state in which the land to be bought is located.

They must also submit documentation justifying the size of the desired area, an investment timetable, and project implementation plans, state whether official credit will be used in the purchase, and include proof of compliance with the criteria set by the Ecological Zone Map of Brazil (ZEE, in the Portuguese acronym), when applicable.

In the case of industrial projects, applicants will be required to prove that the industrial plan is compatible with the site.

The ruling involves the ministries of Agrarian Development, of Agriculture, Development, Industry and Foreign Trade, Tourism, and the Incra. The authorization request will be considered by one or more of the aforementioned organizations, depending on the activities to be performed at the site.

The ruling is in force since last Friday. The purchase of rural real estate is regulated by Act # 5,709, dating from October 7th, 1971.

ABr

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