The application of the Compulsory Subdivision, Building or Utilization of Land (CSBU)

Abstract

This paper provides an analysis regarding the application of Compulsory Subdivision, Building or Utilization of Land (CSBU), one of the main urban planning instruments foreseen in the constitution of 1988 and in the City Statute in order to comply with the social function of urban property. It presents the results of a research concluded in 2014 that was based on the analysis of eight municipalities that have experimented this instrument after the approval of the City Statute, identifying strategies and administrative procedures that were adopted while implementing CSBU. Our research reveals a key role of defining a space-temporal strategy that provides a guiding framework for the application of the instrument, in order to reach its objectives in terms of territorial organization and the democratization of access to land. In some of the municipalities, CSBU does not articulate with the infrastructure conditions and the demand for an effective utilization of the total land areas that have been notified. Moreover, there are few cases where CSBU has been combined with other urban planning instruments, for example special low-income housing zones. In conclusion, by arguing that the planning and management of the application of CSBU, in particular procedures related with the monitoring and controlling of activities after the notification of land, which is marked by complexities, has not been received the proper attention from municipal managers, therefore generating additional challenges for reaching the instrument’s objectives.

Keywords:
CSBU. Master plan. City Statute. Urban law.