Can’t Own a Beach? Lease an Island Instead
In Brazil, no individual or legal entity can privately own a beach. Although the issue occasionally stirs debate, Brazilian law is clear: Brazilian beaches are public property with unrestricted access guaranteed to the general public. So, with your dream of owning a private beach off the table, perhaps you should consider an island instead.
Generally, the federal government owns ocean islands, though in some cases, they may be controlled by local governments. Yet unlike beaches, some ocean islands can be leased to private parties.
The most common types of arrangements are paid concessions (cessão onerosa) and public bidding (concorrência pública). These options may be open to foreigners, granting the right to occupy and use the land, but they don’t confer ownership rights.
A paid concession is similar to a license. Essentially, you pay for the right to use the island for a specified period. This method is typically suited to individuals wishing to use the land as a residence or for conservation purposes.
Meanwhile, public bidding functions more like a contract. If selected, you enter into an agreement with terms and conditions, including price, duration, permitted activities, and restrictions. This option is generally used by legal entities planning to develop the site.
Strict environmental regulations often govern these agreements, and any violations - such as failure to meet required environmental standards - can lead to a loss of rights to use the island.
If dealing with the government seems too complex, consider buying an island on a lake instead. Unlike ocean islands, lake islands can be owned like other real estate.