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In 2024, Fonseca's Tower, a mysterious development in Vila Olimpia, will celebrate 10 years since it was almost delivered and 20 years since the project began. Completely empty, without rental signs or even staff, the development is under a local embargo due to the lack of an occupancy permit, the "Habite-se".
The document, or its absence, prevents the Class B asset with 8,550 m² of private area from being occupied. To understand the importance of the "Habite-se", it is the municipal permit that certifies that the construction complies with legal requirements, such as safety, infrastructure, or environmental practices. Use of the property without proper authorization can result in some heavy fines.
Located 300 meters from Vila Olimpia train station and 100 meters from Vila Olimpia Shopping Mall, Fonseca's Tower could alter the Class B asset market in the region, which has seen no new developments of this class since 2018 and has seen its vacancy rate decreasing since 2021.
Owned by Marfon Real Estate Development, the property was incorporated by REM Construction. The REsource team was unable to contact the owner to understand what may have happened to the development. The construction company, when questioned, only commented that it followed the recommendations and acted according to the project.
"REM informs that it was contracted exclusively to carry out the development's construction work. It does not, therefore, appear as the property developer of the property. Regarding the construction, it highlights that the building was delivered in accordance with the specifications of the project approved by the competent authorities. With regard to the occupancy permit, its request is solely the responsibility of the company owning the development," the construction company said in a statement.
Before being sold to Marfon, the land housed Viação São Paulo and was owned by the Fonseca family, who sold to the Marta family in 1980, therefor creating Marfon - a combination of the names "Marta" and "Fonseca". Construction began in the late 2000s and was physically completed in 2014.
According to official documents provided by the São Paulo city hall, through GeoSampa, and with a cross-analysis with Market Analytics data, it is estimated that the development is about 55 meters high, in an area where the occupancy parameter establishes a maximum height limit of 28 meters.
Municipal Finance Secretariat data shows that the land area is 2,900 m², the maximum utilization coefficient is twice that size, meaning the development could reach 5,800 m², however, the result was 19,946 m² of built area.
Without a concrete statement from the owner, it is not possible to assert the real cause of the non-delivery of the development, but experts believe that the surplus space may play an important role in this.
According to real estate professionals that were interviewed by REsource team, this problem could be overcome by CEPAC (Certificates of Additional Construction Potential), which is a security issued by the City that, through an auction, allows the owner to expand the area of a particular development.
The mysterious development could fit into the 4B subset of Faria Lima, which would allow it to add 0.9 times the maximum permitted size of built area, reaching 11,080 m², yet this value would still not be enough to ensure that Fonseca's Tower.











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