Property registration: what it is, how and when to register

Buying or selling a property requires some care with the law. Even so, not all people understand the importance of taking care of these aspects and end up leaving a lot of things aside.

Therefore, today we are going to explain to you what property registration is – an important term for property owners and for the real estate market.

What is the registration of the property?

Although the name sounds like something complicated, the registration of the property can be understood in a very simple way. Annotation is the act of modifying the content of a record. It can refer to a property, divorce, contribution time, etc. Thus, the registration of a property refers to the formalization of all changes made to its registration; a history of all changes that have occurred in a property or in the condition of the owners, duly formalized in their registration. For example: if you build more rooms, demolish others or make any changes to the house, lot, room or apartment, it is necessary to insert these changes in the documentation. Any civil change by the owners – marriage, divorce, death – cancellation of mortgage, write-off of financing, among others, also require an annotation. These changes need to be included in the registration so that anyone has access to the property’s history.

Therefore, whenever there is any type of change in which the procedure is required by law, it is necessary to make the registration.

The enrollment

The registration (registration) is an identification document of the property. It gathers information such as description, location, owners, built area, among others. In the registration are registered all the changes that occurred in the property and in relation to it, such as the date of the first registration, former owners etc. It is important to remember that the registration must also include the acts that convey ownership.

What is the registration for?

The registration is made to make public all the changes related to the property and its registration. This brings legal certainty, because if an amendment is not registered, it will not have legal validity before the courts. We can list your benefits as follows:

  • Safety;
  • Access to information;
  • Protection of rights;
  • Property valuation;
  • Feasibility of the buying and selling process.

How to register a property

When to register properties?

Now that you know what registration is, you need to know when it should be done. There are 32 cases that are provided for in art. 167, inc. II of the Public Records Law. Check out some of these cases as recorded by law:

  • the prenuptial agreements and the property regime other than the legal one, in the registers referring to real estate or real rights belonging to any of the spouses, including those acquired after the marriage;
  • by cancellation, the extinction of liens and rights in rem;
  • the change of denomination and numbering of buildings, construction, reconstruction, demolition, dismemberment and subdivision of buildings;
  • the alteration of the name by marriage or by divorce, or, still, of other circumstances that, in any way, have influence in the registry or in the people interested in it;
  • mortgage notes;
  • collateral and fiduciary assignment of rights relating to real estate;
  • dowry separation sentences;
  • the reestablishment of the conjugal society;
  • judgments of judicial separation, divorce and nullity or annulment of marriage, when in the respective shares there are real estate or real rights subject to registration;
  • lease agreement, for the purpose of exercising preemptive rights.
  • the notification for compulsory subdivision, building or use of urban property;
  • the extinction of the concession for special use for housing purposes;
  • the extinction of the surface right of the urban property;
  • the extinction of the legitimacy of possession;
  • the extinction of the concession for special use for housing purposes;
  • termination of the concession of real use rights.

It is also important to remember that, in addition to art. 167, inc. II of the Public Records Law that indicates the cases that must be registered, art. 246 of the Public Records Law determines that “subrogations and other occurrences that, in any way, change the registration will be recorded in the registration.”

How to register the property and what are the necessary documents?

To register, you must go to the same real estate registry office as your property. It is necessary to present the requested documentation, which varies according to the type of registration that needs to be made. For example, if the registration is for a demolition, you will need the permit; if it is a marriage, the certificate; and, in the case of a construction, you will need to take the certificate of venal value, the negative certificate of debts with the Federal Revenue and the INSS and Habite-se (document issued by the City Hall when the work is completed).

The tip is: as soon as the need for registration is verified, go to the registry office to request the registration and already find out about the necessary documentation.

Although the act of registering consists of registering these changes in the registration, registration and registration are different actions. Let’s say that in the real estate and civil construction segment, registration and registration are part of the same category and complement each other. While the registry proves ownership of the property, that is, it shows who the owner is, the annotation will list all occurrences that modify it, altering or deleting certain information from the registry, including the transfer of a legitimate owner.

How much does property registration cost?

The cost of registration varies according to the type of registration that will be made in the registration of the property. In addition, there are two types of registration: with declared value and without declared value.

Declaration with declared value: the cost will be proportional to the value of the property. These values ​​may vary according to the city and even the type of registration to be made. Applies in cases of construction or demolition of the property, purchase and sale etc.

Endorsement without declared value: it has a fixed value and is intended for situations such as changes in marital status, death, issues related to inheritance and others.

How long does it take to register a property?

If the documentation is up to date and there are no other requirements, an average of 30 days from the date of the title protocol can be considered.

Why is the registration important?

The registration of the property is a mandatory and extremely important action. However, it is quite common to find cases with problems in the documentation. To give you an idea, it is not possible to buy and sell a property if it is not up to date. If a modification is not registered with the courts, it will not be legally valid. Especially because, if there is any doubt about you (former owners, IPTU debt , discharge, actual measures and others) the registration and consequently the annotations will be consulted. In other words, keeping your property documentation up-to-date is a way of guaranteeing security and valuing not only your property, but also what you are thinking of purchasing.