Currently, a striking feature of urban space has been the privatisation of previously public spaces. However, that process does not take place in a random manner. On the contrary, it is essential that the public authorities take action in the construction of a legal framework in order to legitimise such a climate. In that sense, the article seeks to rescue historically how that legal arcade responsible for the establishment of enclosed residential areas in the city of São Carlos, in particular the Damha condominiums, was built. In order to achieve the proposed objective, we use the relevant federal legislation (Law 4.591/64 and 6.766/79), as well as the Municipal Laws (Law 12.731/00 13.691/05) on the subject. We conclude that the municipal public authority of the city of São Carlos has favoured the establishment of such projects through the legal framework.