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National Justice Council Decision Defines That Deeds of Purchase and Sale of Properties Cannot Be Conditioned on the Presentation of Negative Certificates, Changing the Practice of Notaries and Opening Space for Greater Dynamics in the Real Estate Market
The National Justice Council (CNJ) has decided that notaries and courts can no longer block the purchase and sale of properties due to the absence of negative debt certificates. The measure affects common requirements such as Negative Debt Certificate (CND) and Positive Certificate with Effect of Negative (CPEN), which are often requested as a prerequisite for registering or annotating deeds.
The decision was made by the Plenary in a process reported by counselor Marcello Terto, and aligns with an understanding already established by the Supreme Federal Court (STF), which considers the practice an indirect form of tax collection. For specialists, this measure may significantly change the operation of the market, reducing bureaucratic hurdles and speeding up negotiations.
What the CNJ Decided and Why
According to counselor Marcello Terto, conditioning the registration of the purchase and sale of properties to the absence of tax debts represents a “political impediment” and a form of undue collection.
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The CNJ reinforced that this practice violates the Constitution and has already been deemed irregular in previous STF rulings.
From the decision, it is clear that no notary can refuse to register a deed due to a lack of tax certificates.
This does not eliminate the importance of these documents, but prevents them from being used as a legal barrier to completing a transaction.
Certificates Remain Relevant, but Without Preventive Character
Although the formal requirement is prohibited, the CNJ emphasized that tax certificates can still be requested for informational purposes.
This means that the buyer can and should know the seller’s tax situation, but cannot be prevented from registering the deed even if there are outstanding issues.
This change transfers greater responsibility to the parties involved in the negotiation, who will need to assess risks more directly.
For buyers, it will be essential to verify the conditions of the property and the seller to avoid future surprises, but without the bureaucracy that previously hindered registration.
Impact on the Real Estate Market
The purchase and sale of properties market is likely to become more agile with this decision.
Without the need for certificates as a registration requirement, the process becomes faster and less costly.
This could stimulate transactions, especially in areas where notaries used to impose stringent requirements.
On the other hand, the change also requires greater legal attention from the parties involved.
Without the notarial barrier, lawyers, brokers, and buyers will have a more active role in risk analysis, checking for debts that may eventually fall on the transacted assets.
Legal and Institutional Repercussion
The CNJ also clarified that state or municipal laws that attempt to impose the requirement for negative certificates are invalid, reinforcing the national nature of the decision.
In practice, this standardizes procedures and eliminates regional differences that used to confuse buyers and sellers.
Specialized lawyers remind us that the measure aligns with the principle of social function of property and free circulation of goods, strengthening legal security in the sector.
However, they highlight that the parties’ oversight must be doubled, as tax issues can impact the property’s market value.
With the CNJ decision, the purchase and sale of properties becomes less bureaucratic but also more dependent on the diligence of the parties.
The measure promises to bring more fluidity to the market, but presents new challenges for buyers and sellers who will have to be more vigilant.
What about you, do you believe that the CNJ decision will accelerate the real estate market or could it generate more risks for those who buy without knowing the seller’s tax situation? Leave your opinion in the comments and share your experience on how this change may impact the sector.
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