The key change is digitalization. With fewer inspectors available and the possibility of submitting photos and documents through apps, the process has become faster. But the question remains: is it safe to authorize occupancy of an unfinished property?

For Augusto Oliveira, CEO of Constremat Engenharia, digitalization has brought undeniable gains in speed and traceability, while reducing bureaucratic errors such as lost paperwork. Still, he notes that this shift has transferred part of the responsibility to document verification.

“Today, the project, the ARTs/RTs, and the photos carry the same weight as a physical inspection, as long as the city requires digital signatures, test evidence, and minimum standards. The real gain is operational, but safety only exists if the digital process is designed to capture reliable technical evidence — not just PDFs submitted,” he says.

According to Oliveira, it is possible to issue the document in specific cases, such as partial or provisional Certificates of Completion, which authorize use of independent sections of a building, like a tower or a floor, provided critical systems are operational. Another option is conditional approval, where issuance depends on later submission of additional reports or certifications.

This practice has become viable due to three main factors:

• mandatory technical checklists including electrical tests, pump and sprinkler inspections;

• digital signatures from licensed engineers, who assume professional responsibility;

• supporting evidence such as photos, videos, and certified test reports.

Even so, Oliveira adds caveats. In his view, the certificate should only be issued if essential safety and habitability elements are complete, since aesthetic finishes are not required for occupancy. He also stresses that physical inspections remain indispensable.

“The submission of photos and digital documents speeds things up, but it cannot fully replace in-person inspections, which detect hidden issues like cracks, compaction flaws, or defects. There are also risks of image manipulation or incomplete records. To mitigate, one could require geotagged photos, guided videos, digitally signed reports, and certified test results. Still, for critical items like foundations and retaining walls, on-site inspections remain essential.”

From a legal standpoint, attorney Daniel Viana Melo, partner at Viana Melo Advogados, explains that early issuance is legal as long as local rules are followed.

“Called a Partial Certificate of Completion, it is regulated by municipal law. It allows the use and occupancy of a finished portion of the property, provided it complies with regulations and does not hinder ongoing construction.”

“In São Paulo, for example, the Building Code (Law 16.642 of 05/06/2017) states in Article 33, §1, that the Certificate of Completion — another term for the Certificate of Occupancy — may be granted on a partial basis when requirements of the Building Law, the Master Plan, and the Land Use and Zoning Law are met.”

According to Melo, liability for the builder and the responsible engineer is the same as for a full Certificate of Completion, both civil and criminal, in case of construction failures. He warns, however, that in the case of a partial certificate, there may be an additional risk: obtaining the document based on inaccurate information about the continuation of the works.

Legal consequences can vary. A buyer may file a Specific Performance action if the deadline for completing the remainder of the project is not met. In more serious cases, damages claims or even contract annulments may occur if demolition is required and the partial certificate is revoked. Another possibility is a Possession Claim if the certificate has already been granted but keys are not delivered to the buyer.

The São Paulo City Hall also commented on the issue. In a statement sent to REsource, it said:

“The Municipal Secretariat of Urbanism and Licensing (SMUL) informs that, to authorize construction or issue the Certificate of Completion, applicants must comply with current urban legislation, especially the Master Plan, the Zoning Law, and the Building Code. The Certificate of Completion confirms, through documents and declarations presented to City Hall, that the building was constructed according to the approved project and legal requirements for land use and occupancy. The qualified execution of the work is the technical responsibility of the construction company and the professionals involved, who are accountable to their professional councils.”