Regulation of platforms: distortions in urban planning and zoning in São Paulo

TAVOLARI, Bianca; PUPPIO, Marcella

doi:10.1590/2236-9996.2025-6469495-pt

Tabla de contenido Anterior Actual Siguiente

Tabla de contenido

Original article • Cad. Metropole 27 (64) • July 2025 • https://doi.org/10.1590/2236-9996.2025-6469495-en linkcopy

Regulation of platforms: distortions in urban planning and zoning in São Paulo

Authorship SCIMAGO INSTITUTIONS RANKINGS

This article examines the impact of home-sharing platforms such as Airbnb on urban planning in São Paulo. Based on the hypothesis that the lack of specific regulation has contributed to urban and housing distortions, the study combines legislative analysis, both in Brazilian and foreign cities, with a literature review on territorial impacts. It argues that, even without systematized data for São Paulo, it is possible to identify evidence in the urban policy, specifically in the Urban Transformation Structuring Axes, incentivized mixed-use, zoning, and social housing. The comparison with international experiences highlights key aspects missing from Brazilian legislative initiatives. The article concludes that specific, data-driven regulation is essential to mitigate the negative impacts of these platforms on cities.

Keywords:
regulation; platform urbanism; Airbnb; urban planning and zoning

City	Legislation and year	Duration limits	Licensing and permits	Zoning	Entire space / shared room
Amsterdam	Wet toeristische verhuur van woonruimte (2017, amended in 2018)	Maximum of 60 days/year (reduced to 30 days in 2018)	Mandatory license, for both entire units and private rooms	Prohibited in certain areas	No specific information
Berlim	Lei Zweckentfremdungsverbot-Gesetz (ZwVbG, 2014; amended in 2018)	Secondary residences: maximum of 90 days/year	Mandatory license, except if the rented area is less than half of the property	No specific information	Primary residences: rental allowed under certain conditions
Londres	Deregulation Act 2015	Entire residences: max. 90 days/year without a permit	License required for listings of entire spaces exceeding 90 days/year	No specific information	No time limit for rooms, as long as the owner is present
Nova York	Local Law 18 (2022; effective as of 2023)	Stays under 30 days allowed only if host is present	Mandatory license	No specific information	Host must be present, limited to 2 guests per property
Copenhague	Lov om korttidsudlejning (2018)	Maximum of 70 days/year	Mandatory licensea	No specific information	No specific information
Paris	Proposition de loi n. 1176 (2023; approval expected in 2024)	Maximum of 120 days/year (reduced to 90 days in 2024)	Mandatory license	High-demand areas may be reserved for permanent residents	No specific information

Regulated aspects	Description and details
Definition as a lodging contract (Art. 4), in accordance with Ordinance n. 100/2011 of the Ministry of Tourism (Art. 1).	“Bed and breakfast”-type accommodations are defined as residences with up to three housing units intended for tourist use, requiring that the owner reside on the premises. The bill expressly characterizes such contracts as lodging contracts, thereby subjecting them to the requirements of the General Tourism Law (Law n. 11,771/2008).⁴
Classification as a non-residential activity (Art. 2)	The nR1-12 typology is classified as non-residential use, belonging to subgroup 1, which covers activities compatible with the residential neighborhood, falling within the group of activities called “lodging or housing services”.
Obtaining operating licenses (§1 and §2, Art. 2 and Art. 3)	Compliance is required with zoning laws and nuisance parameters (Law n. 16,402/2016). However, the Economic Freedom Law (Law n. 13,874/2019) loosens licensing requirements for low-impact activities, and the exemption from permits in certain cases may hinder control over listings in residential buildings. Bill 232/2017 ties licensing to condominium approval and the condominium bylaws.
Access to data (§1 and §2, Art. 4 and Art. 5)	Requires a Classification Certificate, data sharing with Cadastur, and the implementation of a “whistleblower hotline” service to report irregularities such as unlicensed lodgings
Platform taxation (Art. 6)	Requires lodging platforms (such as Airbnb and Booking.com) to register with São Paulo’s Municipal Taxpayer Registry (CCM), ensuring that these companies contribute to municipal taxes.

City	Legal Instruments	Status
Caldas Novas	Complementary Law n. 99/2017	Approved Not regulated
Ubatuba	Law n. 4.050/2017 Bill n. 131/2018 Law n. 4.140/2019	Approved 2017 law was repealed by the 2019 law
Fortaleza	Recommendation n. 304/2017 Bill n. 44/2017 Complementary Law n. 41/2017	Approved Only one article included in the Municipal Tax Code
Rio de Janeiro	Bill n. 935/2018 Bill n. 1.001/2018	Shelved

nRI-12: lodging or housing services	Nursing homes, geriatrics, or collective residences with assistance service	Q	8711-5	All	Assistance activities for the elderly, physically disabled, immunocompromised, and convalescents provided in collective and private residences
		Q	8730-1	All	Social assistance activities provided in collective and private residences
	Flats, apart-hotels, boarding houses or inns	I I I		5510-8-02 5590-6/03 5590-6/99	Apart-hotels Inns (lodging) Other lodging not previously specified
	Hotels	I		5510-8/01	Hotels
	“Hostels”, guesthouses, inns	I I I		5510-8-01 5590-6/01 5590-6/99	Hotels Hostels, except those providing social assistance Other lodging not previously specified
	Motel	I		5510-8/03	Motels
	Student lodging services, such as student houses or dormitories	I		5590-6/99	Other lodging not previously specified
	Spa with lodging	I		5510-8/01	Hotels

location_on

Pontifícia Universidade Católica de São Paulo Rua Ministro de Godói, 969 - 4° andar - sala 4E20 - Perdizes, 05015-001 - São Paulo - SP - Brasil , Telefone: (55-11) 94148.9100 - São Paulo - SP - Brazil
E-mail: cadernosmetropole@outlook.com

rss_feed Acompañe los números de esta revista en su lector de RSS