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Change In Notarial Fees In Espírito Santo Reignites Dispute Among Government, Judiciary, And Real Estate Market, After Approval Of New Schedule Of Fees With Higher Values, Partial Veto From The Governor And Criticism About Impact On Costs, Legal Security And Business Formalization.
The Governor Of Espírito Santo, Renato Casagrande (PSB), Sent A Partial Veto To The Bill That Changed The Fees Charged By Notaries For Property Deeds And Registrations To The Legislative Assembly In December 2025.
In His Dispatch, He Removed The Main Provisions That Modified The Values And Kept Only Two Sections Of The Text Approved By The Deputies.
According To The Government, The Decision Took Into Account The Potential Impact Of The New Fees On Users Of Notarial And Registration Services.
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The Debate Intensified After The Assembly Approved, In The First Half Of December, A Proposal Originally Sent By The Court Of Justice Of Espírito Santo (TJES), But Substantially Altered By An Amendment Proposed By Deputy Alexandre Xambinho (Podemos).
The Approved Version Provided For, Among Other Ranges, A Fee Of R$ 5.2 Thousand For The Deed Of Properties Valued At Up To R$ 200 Thousand And R$ 3.4 Thousand For The Respective Registration, Values That Provoked Reactions From Real Estate Sector Entities.
Since December 19, The Association And Syndicate Of Real Estate Companies Of Espírito Santo (Ademi-ES/Secovi-ES), The State Construction Industry Union (Sinduscon-ES), And The Regional Council Of Real Estate Brokers (Creci-ES) Have Been Issuing Public Statements Arguing That The Approved Text Could Generate “Legal Uncertainty” And Raise The Cost Of Real Estate Transactions.
The Entities Argue That The New Structure Of The Fee Schedule Tends To Raise Costs And May Encourage Irregular Practices, Such As Undervaluation Of Properties, An Argument Made In Official Communications.
Historical Deficiency In The Fee Schedule
The Origin Of The Controversy Lies In The Deficiency Of The Intervals Used To Calculate The Fees.
Although The Values Are Adjusted Annually, The Reference Limits Of The Current Schedule Have Remained The Same Since 2001.
At That Time, According To TJES, A Property Valued At R$ 200 Thousand Was Considered High Standard, Which Justified The Application Of The Maximum Fee From That Value.
Under The Schedule Valid In 2025, The Fee For Deeds Of Properties Above R$ 200 Thousand Reaches R$ 6.9 Thousand, Not Considering Additional Charges Intended For Funds Of The Judiciary, The Public Ministry, The Public Defender’s Office, And The Attorney General’s Office.
In The Case Of Property Registration, The Limit Is R$ 4.3 Thousand, Similarly Applied To Any Asset That Exceeds This Reference Value.
Original Proposal From TJES Called For New Scaling
The Proposal Sent By TJES Sought To Revise This Logic.
The Court Suggested Raising The Reference Limit From R$ 200 Thousand To R$ 1.15 Million, With The Declared Objective Of Adjusting The Intervals To The Current Market Reality.
In This Model, The Maximum Cost Of The Deed Would Be R$ 7.3 Thousand, While Properties Valued At Up To R$ 210 Thousand Would Pay Just Over R$ 3 Thousand.
For The Registration, The Proposed Limit Was R$ 4.6 Thousand, With A Charge Of R$ 1.1 Thousand For Assets In This Same Value Range.
Representatives Of The Real Estate Market Stated At The Time That This Scaling Would Significantly Reduce Costs For Properties Close To The Current Limit Of R$ 200 Thousand And Distribute The Increases More Gradually Up To A Limit More Commensurate With Prices Practiced Today.
Amendment In The Assembly Alters Values And Triggers Reactions
The Scenario Changed With The Approval Of The Substitutive Amendment In The Legislative Assembly.
In The Final Text, It Was Established That Properties Valued At Up To R$ 200 Thousand Would Pay R$ 5.2 Thousand In Fees For The Deed And R$ 3.4 Thousand For The Registration.
Above This Threshold And Up To R$ 1.2 Million, The Schedule Provides For Increases Of R$ 50 For Every R$ 5 Thousand Of The Calculation Base.
For Properties Between R$ 1.2 Million And R$ 10 Million, The Increase Becomes R$ 100 For Every R$ 150 Thousand.
According To Sector Entities, Although There Is A Reduction In Costs In Specific Ranges, Mainly For Lower-Value Properties, The New Scaling May Significantly Raise Expenses In Operations Above This Range.
In Public Statements, Representatives Stated That, In Certain Situations, The Amount Charged May Be Multiple Times What Is Paid Today.
Justification Of The Reporter And Criticism From The Real Estate Market
When Justifying The Amendment, Deputy Alexandre Xambinho Argued That The Proposal Is Part Of A Movement To Reduce Costs For The Lower And Middle Classes, Providing For A Reduction Of Up To 21.36% In The Fees For Properties Valued At Up To R$ 300 Thousand.
The Deputy Also Cited The Intention To Simplify Access To The 50% Discount Provided For The Purchase Of A Home Through The Housing Finance System And Ensure The Financial Sustainability Of The Judiciary.
Another Highlighted Point Was The Need To Consider The Economic Differences Between Notaries Located In Major Centers And Those Located In Smaller Municipalities.
Entities From The Real Estate Market, In Turn, Contest The Scope Of This Reduction.
According To Sector Representatives, Only A Small Portion Of The Properties Negotiated In The State Is Below The R$ 300 Thousand Threshold, Which Would Cause Most Transactions To Be Impacted By Increased Costs.
In Interviews With The Local Press, Leaders Of Ademi-ES And Sinduscon-ES Stated That, In Practice, The Change May Pressure The Sector And Affect A Segment That Accounts For Tens Of Thousands Of Direct And Indirect Jobs In Espírito Santo.
Partial Veto And Uncertainty About The Application Of The New Schedule
In The Partial Veto Sent To The Assembly, The Governor Highlighted That The Update Of The Schedule Is Necessary, But Noted That The Approved Text Could Raise The Costs Of Operations And Generate Effects On The Formalization Of Real Estate Transactions.
The Executive Also Advocated For Increasing Dialogue With The Involved Sectors Before Defining A New Model.
With The Veto Under Review, It Will Now Be Up To The Deputies To Decide Whether They Maintain Or Overturn The Governor’s Position.
Until A Decision Is Made, There Remains Uncertainty About Which Values Will Actually Serve As The Basis For Charging The Fees From The Next Validity Cycle Of The Schedule.
Sempre a populacao explorada em beneficio da carreiras jurídicas.
Lamentavel!
Até quando este roubo descarado, amparado pelos Tribunais de Justiça e aprovados por um bando de deputados corruptos, seguirá extorquindo o(a) cidadão (ã) brasileiro(a)???
Uma turma de ****!! Uma quadrilha!!
Se o governo tivesse coragem para agir, facilmente transformaria o sistema de registro de imóveis uma função de governo, faria tudo eletronicamente, como faz com o ITCMD, cobrando valores justos, revertendo o serviço para a população, e acabaria com essa máfia!