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Many people believe that having a deed is sufficient to own a property, but as explained by lawyer Priscila Gales, a specialist in Family Law, only the registration guarantees the property of the property legally and safely.
When buying a house or land, it is common for the buyer to receive the public deed drawn up in the notary office and believe that they are already the owner. However, this understanding is incorrect. According to lawyer Priscila Gales, the deed is merely a title that formalizes the will of the parties, but does not transfer ownership of the asset. What truly confirms legal possession is the registration of the deed in the property’s registration at the Registry of Real Estate.
This detail, often overlooked by buyers, can generate serious legal and financial damages.
Without registration, the property remains in the seller’s name, and the buyer may face disputes or even lose the property in litigation cases.
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Deed vs. Registration: Understand the Difference
According to Priscila Gales, the deed is just the first step: it proves that there was an agreement between the parties, but it does not guarantee the transfer of property.
The property registration is the document that gathers the entire history of the asset, including previous owners, possible liens, inventories, and donations.
Only when the deed is taken to the notary office and registered in the property registration does the effective change of ownership occur.
This process can take up to 30 days and only then is the buyer officially recognized as the owner.
Risks of Not Registering the Property
The lawyer warns that relying solely on the deed or private contracts can be risky.
Without registration, the property remains in the name of the previous owner, which opens the door to serious problems: duplicate sales, judicial blocks, heirs’ inventories, and even debt auctions that were unknown to the buyer.
Such cases are more common than imagined and lead to lengthy legal disputes.
Spending on document analysis and registration is always cheaper than dealing with a lawsuit in the future, emphasizes Priscila Gales.
What Guarantees Ownership
In short, deed ≠ ownership. The deed is an essential document, but the registration in the property registration is the only one that has legal power to guarantee the ownership of the property.
Only after this step can the buyer have full legal security over the acquired asset.
How to Issue a Property Deed: Step by Step in the Notary Office, Required Documents, and Deadlines
Knowing exactly how to issue a property deed prevents headaches and guarantees legal security when purchasing.
The process goes through the notary office and the property registration office, requires specific documents, and can take up to 30 days to complete.
The public deed is the official document that formalizes the purchase and sale of a property. Without it, the negotiation does not have full validity under the law.
However, issuing the deed of a property is not enough to become the owner: only the registration in the property registration, done at the Registry of Real Estate, effectively transfers ownership.
This detail is often overlooked, but it makes all the difference in protecting the buyer.
Step 1 – Sign the Purchase and Sale Contract
The first step in how to issue a property deed is the formalization of the private purchase and sale contract.
This contract lays out the conditions of the negotiation, values, deadlines, and responsibilities of each party. Although it does not replace the deed, it serves as a basis for the drafting at the notary office.
It is essential for both buyer and seller to keep signed copies and have their signatures notarized, ensuring that there is no dispute over the authenticity of the document.
Step 2 – Gather the Necessary Documentation
Before going to the notary office, all parties must separate the required documents. According to experts, the main ones are:
- ID and CPF (or driver’s license) of the buyer, seller, and spouses, if applicable.
- Updated birth or marriage certificate.
- Proof of residence.
- Updated property registration issued by the Registry of Real Estate.
- Negative certificates for tax, labor, and condominium debts.
- Proof of payment of the current year’s property tax (IPTU).
These documents serve to demonstrate the property’s regularity and ensure that there are no debts or legal pendencies linked to the asset.
Step 3 – Schedule and Attend the Notary Office
The deed must be drafted at a notary office. The buyer can choose any notary office in the country, regardless of the property’s location.
On the scheduled day, the notary checks all the documents and prepares the deed. This procedure formalizes the will of the parties and gives public faith to the transaction.
The signing can take place on the same day, and in some cases, the deed is released in a few hours.
Step 4 – Pay the ITBI
One of the most important points in how to issue a property deed is the payment of the ITBI (Tax on the Transfer of Real Estate). It is mandatory and varies from 2% to 4% of the property’s value, depending on the municipality.
Without this tax paid, the registry office will not accept the deed. In some cities, the ITBI slip is issued even before the deed is drafted, and the deed is only released after proof of payment is provided.
Step 5 – Register at the Registry of Real Estate
With the deed drawn up and the ITBI paid, the document must be taken to the Registry of Real Estate of the district where the property is located.
It is at this moment that the registration is updated and the buyer is recognized as the legal owner.
The average time for the registration’s conclusion is 15 to 30 days, depending on the complexity of the analysis. Until the registration is completed, the property still remains officially in the name of the previous owner.
Important Tips to Reduce Costs and Avoid Problems
- In financing cases, the registered bank contract can replace the public deed.
- Those buying their first property may receive a discount of up to 50% on notary fees.
- Always check the property’s registration before closing the deal to ensure that there are no judicial pendencies, liens, or hidden debts.
Did you already know this difference? Do you think notary offices should better clarify this process to avoid confusion among buyers? Leave your opinion in the comments—we want to hear your experience with property registration.
Hj em dia com tantos impostos, Itbi agora não é sobre o valor da negociação, mas a prefeitura estipula o valor do imóvel com base no metro quadrado do bairro, sem levar em consideração o estado do imóvel, a receita Federal vai cruzar informações com os cartórios e prefeituras, criação do CIB, ou seja, vão lançar no IR o valor de mercado do imóvel q vc comprou, independente se vc pagou menos, e se vender mais pra frente, e por um valor maior, vai pagar IR sobre o lucro, então o melhor é ter imóvel de posse, sem escritura.
Muita burocracia, as certidões precisam ser renovadas se passar de um mês, taxas altíssimas, absurdo!
Muito boa a reportagem, quem deveria informar o comprador deveria ser o corretor ou bancos.