Uma avaliação da disposição a pagar pelo direito de construir na Cidade de Fortaleza

Abstract

This research analyzes the willingness to pay for the right to build in the city of Fortaleza, considering national urban policy guidelines and municipal legislation that regulates the use and occupation of urban land. The study comprehended all events that involved the urban instruments of onerous grants of the right to build and to change the use of urban land, from 2016 to 2024. Usually developed by architects, urban planning, according to Bertaud (2023), ignores market forces in decisions about cities’ design. This research studied the real estate market demand for "created land", analyzing, in licensing processes that required onerous concession, the amounts paid by entrepreneurs and the parameters for evaluating the grants, such as type of activity, urban area, and building restrictions whose flexibilization was conceded. Considering the value of the grant as the dependent variable of the econometric model, the mentioned parameters were taken as explanatory variables to determine the willingness to pay for “created land”. Data from the Municipal Department of Finance’s real estate registry regarding the Urban Property and Territorial Tax (IPTU) and the Real Estate Transfer Tax (ITBI) were also studied, as well as data from the Municipal Department of Urbanism and Environment concerning the onerous grants revenue collected by the Municipal Fund for Urban Development. The methodological approach was based on the estimation of an empirical model of multiple regression, with variance correction by the Newey-West (1987) method. The research found inefficiency in the collection of the Onerous Grant of the Right to Build in relation to the Onerous Grant of the Change of Land Use. Notably, regarding the variable referring to the type of use, the Multifamily Residential activity demonstrated high relevance for the willingness to pay, as well as the flexibility of the height, associated with the increase of the construction potential. Activities suitable for vertical solutions showed greater demand for onerous grants. The urban areas with highest land value are locations with highest demand for “created land”, fulfilling the purpose of these instruments, since regions with higher real estate valuation should be the main sources of funds from onerous grants. However, urban planners must consider the risks of gentrification of areas where the intense use of onerous grants fosters densification. The association with other urban instruments must be applied to avoid the deleterious effects of the concentrated use of "created land". Although this research focusses on the willingness to pay and the efficiency in collection, the instruments have an urbanistic purpose. The objectives of the onerous grants should be to recover, for the community, the "added value", the appreciation of urban property due to public investments, to mitigate inequalities in access to the benefits of urbanization. The resources should be allocated to urban improvements for the most vulnerable population. It is essential to identify the variables that influence the demand for "created land", but the instrument’s efficiency resides, as determined by the City Statute, in the "fair distribution of the benefits and burdens of the urbanization process".