Guide · Foreign buyers

Buying property in Brazil as a foreigner

What a foreigner, resident or not, may buy in Brazil, the three cases that are restricted, and the steps that differ for you, with links to each guide.

Checked on against the official sources at the bottom of the page.

In short

A foreigner, whether living in Brazil or abroad, may buy an urban home in Brazil: none of the federal texts Payotte read prohibits it or requires a general permit. Three cases are restricted: rural land (Lei 5.709/1971), rural land inside the 150 km border strip (Lei 6.634/1979) and federal land such as beachfront terrenos de marinha (Decreto-Lei 9.760/1946). In practice every foreign buyer needs a CPF (taxpayer number), a bank transfer through an authorised exchange institution and, if not present, a power of attorney apostilled abroad.

What the law says about owning

The Constitution (art. 5) guarantees the right to property “to Brazilians and to foreigners resident in the country”. The Migration Law (Lei 13.445/2017, art. 4) adds that a migrant has, “on an equal footing with nationals”, the inviolability of the right to property. The Introduction to the Brazilian Law Rules (LINDB, art. 8) says Brazilian law governs property located in Brazil, which includes the rules on the deed, the registry and taxes.

Payotte found no text that closes or opens the door expressly for a non-resident buyer of an urban home. The restrictions it did find concern only the three cases below. Owning does not give you a right to live in Brazil: art. 35 of the Migration Law says that possessing property “does not confer the right to obtain a visa or residence”, except through the investment route described in the investor visa guide.

The three restricted cases

CaseRule in forceGuide
Rural landLei 5.709/1971 provides for foreigners resident in Brazil; limits by area and by municipality; INCRA authorisation above 3 modulesRural land
Rural land in the border stripPrior consent of the Conselho de Defesa Nacional; acts without it are voidBorder strip
Federal land (terrenos de marinha and others)Presidential authorisation for a foreigner in listed zones, with exceptionsBeachfront and laudêmio and SPU

An ordinary apartment or house in a city, on private land and outside these zones, falls under none of them. A flat in a building on a terreno de marinha can fall under the third, which is why the property record should be read before you pay a deposit.

The steps that differ for a foreigner

The sequence of a purchase (offer, deposit, due diligence, deed, registration) is the same as for a Brazilian; it is described in buying a home in Brazil, step by step. What changes:

  1. CPF first. Federal rules oblige foreigners living abroad who carry out property transactions in Brazil, or who own registered property, to hold a CPF. A foreigner abroad applies in person at a Brazilian consular post. See CPF for foreigners.
  2. Bring the money in correctly. The exchange law requires that foreign currency enter “exclusively through an institution authorised to operate in the exchange market”. See sending money to Brazil.
  3. Sign remotely, if you cannot attend. A power of attorney made abroad must be apostilled or recognised by a Brazilian consulate, and translated. See power of attorney from abroad and sworn translation and interpreter.
  4. Declare your marital situation. The deed records the marital property regime. See buying with a foreign spouse.
  5. Mortgage. Housing finance is covered in mortgages in Brazil; eligibility of non-residents for a given product was not established by Payotte, so ask the lender.

After the purchase

Taxes follow the buyer for as long as the property is held, and they differ for a non-resident. These guides cover that side:

What it costs

The purchase taxes and fees (ITBI, notary and registry fees) are the same for foreigners and nationals; ITBI is set by each municipality and the fees by each state. Use the purchase costs calculator for the city you are looking at. Costs specific to a foreigner (translation, apostille, consular fees for a power of attorney, currency conversion) were not published as official fixed tariffs that Payotte could read, so ask each provider for a written quote.

Which professional to consult

A lawyer registered with the OAB who handles property can check the restricted cases against the property record and prepare the power of attorney. A tabelião (notary) records the deed and decides which documents it needs. A sworn translator handles the Portuguese versions. A real-estate broker registered with the regional council (CRECI) can find the property but does not give legal advice. See the property lawyer and real-estate broker pages.

Frequently asked questions

Can a non-resident foreigner buy an apartment in Brazil?

The texts Payotte read do not prohibit it, and they restrict only rural land, border-strip rural land and federal land. You still need a CPF, a bank transfer through an authorised institution and, if you cannot attend, an apostilled power of attorney.

Do I need a visa to buy?

Payotte found no text that makes a visa a condition of buying an urban property. Buying does not give you a visa either (Lei 13.445, art. 35).

Is the rule the same in every state?

Land ownership rules for foreigners are federal. Transfer tax, notary and registry fees differ by municipality and state, so check the city on the cities page.

Can I buy through a Brazilian company?

A Brazilian company in which foreigners living abroad hold most of the capital is subject to the same rural-land regime (Lei 5.709, art. 1, § 1). For urban property Payotte did not read a restriction, but a company brings its own tax rules, so seek professional advice first.

Where do I start?

Get your CPF, then confirm the property record shows no rural, border or federal-land issue, and only then sign a deposit.

More guides on foreign buyers

Sources

All guides · Payotte Brazil