São Paulo Court annuls heritage revision in Jardins district

The Court of Justice of São Paulo (TJ-SP) has unanimously upheld the annulment of a heritage protection revision that would have allowed the construction of horizontal condominiums in the Jardins district.

The ruling favors the Coletivo Jardins, a group representing residents of Jardim América, Jardim Europa, Jardim Paulista, and Jardim Paulistano. These neighborhoods have been protected since 1986, with current regulations limiting properties to single-family homes to maintain the 'garden neighborhood' character. The contested revision by the State Heritage Defense Council (Condephaat) would have permitted residential buildings up to 10 meters in height.

Judge Cynthia Thomé noted that the court's decision does not address the technical merits or convenience of the heritage changes, but rather focuses on the fact that Condephaat failed to follow the mandatory procedural steps required by its internal regulations. The revision had reportedly been approved 'automatically' after an alternative rule change was rejected. Condephaat stated it will take appropriate measures once officially notified of the decision.