Right-of-Way (Federals)

It is the set of areas declared to be of public utility, expropriated (by decree or administrative seizure) and necessary for the implementation of road or highway works and their operational devices, such as drainage, marginal roads, returns, interchanges, tolls and other support activities to users, in accordance with Law 9503/97, Brazilian Traffic Code, Annex I, excluding the remaining areas, as seen in the image above, with the area in red corresponding to the right-of-way of this highway segment.

As the name itself says “area non aedificandi”’, in Latin it means “space where it is not allowed to build”. In accordance with Decree-Law 13,626/43, of October 21, 1943, which: "Prevents construction less than 15 meters (Non Aedificandi lane) from the limit of the domain lanes of state roads, therefore, analysis is necessary for approval and subsequent inspection of the works on land adjacent to the granted highways.”

Still according to Federal Law 6,766/79, the destination and use of the non-building area are a guarantee of space for future works of duplications or expansions that may bring road

improvements. Therefore, housing construction, invasions or building in these areas are not allowed. The owner can use this strip for agricultural purposes, uncovered parking lots, uncovered sports courts, gardens, swimming pools, among others, but it is not possible to build. However, on November 25, 2019, Federal Law 13,913 was published, which amended the wording of Federal Law 6,766 of 1979, to ensure the right to permanence of buildings in this area, provided that they are proven to be inserted in urban areas or areas likely to be included in the urban perimeter. Also, as of this date, the municipality was allowed to reduce this range through municipal or district laws, provided that the minimum limit of 5 meters is obeyed. Thus, as of November 2019, this decline became variable between regions, and should always be verified with the municipality and Concessionaire of the area under study.