Although the name sounds like something complicated, property registration can be understood in a very simple way. Check out everything you need to know about the subject in this post!

What is property registration?

Registering a document means registering some change. According to dictionaries, “annotation is writing in the margin of a document in order to make public a modification in a previous record”.

Thus, the registration of a property is a change of information in its registry at the registry office – such as the owner’s name, structural reforms carried out, among other cases.

Why is it important to register?

Failure to update property data can cause major inconveniences, such as delays during a purchase or sale transaction. In addition to keeping everything formalized, the registration brings legal security and transparency to anyone connected to the property.

The great value of the registration is the history of all important and relevant events that occurred with the property. To consult this list of updates, simply request the registration of the property, as it brings in sequential order everything that is registered and registered in that property, as well as the rightful owner and the conditions of the property.

When is it necessary to register the property?

When buying or selling a property, the transfer of property to another person will only be legitimized after registration at the Real Estate Registry Office. In addition, changes in the owner’s marital status must be formalized in the registry (marriage, annulment, divorce or death).

Registration is also required when there are changes in the characteristics of the property. Any and all modifications, whether reform or expansion, must be duly registered. So if you are planning to demolish or build your home, for example, you should be prepared to insert these changes into the documentation.

Check other situations that require registration:

• Lease contract, for the purpose of exercising preemptive rights;

• Notification for compulsory subdivision, building or use of urban property;

• Termination of the concession for special use for housing purposes;

• Termination of the urban property surface right;

• Termination of the concession for special use for housing purposes;

• Assignment of real estate credit;

• Mortgage notes;

• Mortgage cancellation;

• Subrogation of debt, of the respective fiduciary or mortgage guarantee and of the alteration of the contractual conditions, in the name of the creditor that will assume such condition;

• Collateral and fiduciary assignment of rights relating to real estate;

• Dowry separation sentences; – Re-establishment of the conjugal society;

• Judgments of legal separation, divorce and nullity or annulment of marriage, when in the respective shares there are real estate or rights in rem subject to registration;

• Prenuptial agreements, in the records referring to real estate or rights in rem belonging to either of the spouses, including those acquired after the marriage;

• Cancellation, extinction of liens and rights in rem;

• Change of denomination and numbering of buildings, construction, reconstruction, demolition, dismemberment and subdivision of properties;

• Change of name by marriage or divorce, or even in other circumstances that, in any way, have an influence on the registration or on the persons interested in it;

• Occupation (document attesting that the residence was built in accordance with the norms established by the local city hall. The occupancy permit is necessary for both new constructions and for works and renovations).

• Here we mention just a few cases that are provided for annotation, in accordance with the Public Records Law (art. 167). For more information, consult your Real Estate Registry Office.

How to register the property and what documents are required?

The registration must be carried out at the same Property Registry Office of the property. Documentation varies for each type of registration. Here are some examples:

Marriage Registration

• Application requesting the registration of marriage, signed by the owner(s) (with CPF, profession, address, marital status and marriage regime), with notarized signature;

• Marriage certificate (original or certified copy).

Mortgage Cancellation/Fiduciary Alienation Registration

• Application signed by the owner or interested party (with CPF, profession, address, marital status) with notarized signature;

• Authorization of cancellation granted by the creditor (BANCO) or his successor, containing registration data, registration number and statement of discharge, if signed by a legal representative, the authorization must be accompanied by proof of representation (attorney by public instrument), with notarized signature for authenticity, accompanied by proper documentation proving powers to cancel the charge. It is possible to consult some types of registration on the website of the Association of Notaries and Registrars of Brazil, but for more information on documentation, consult your registry.

What are the costs of a registration?

The costs of an annotation are variable, as they take into account fees, annotation of technical responsibility (which depends on the size of the property), city hall fees and INSS. These values ​​are subject to aliquots corresponding to the property’s length range.

How long does it take to register a property?

In general, annotation can take place within 30 days from the date of the protocol, if the documentation is up to date. It is always worth consulting your Real Estate Registry Office about the deadlines to schedule.