Due diligence in Brazil: which certificates to collect

What the law requires for the deed

Lei 7.433/1985, art. 1, § 2, and Decreto 93.240/1986, art. 1, list the documents the notary records. In plain terms:

Ações reipersecutórias are, in plain terms, lawsuits that follow the property into the hands of whoever holds it. The notary notes in the deed that these papers were presented and, under the 2015 change to Lei 7.433, “ficando dispensada sua transcrição” (does not have to copy them). The seller must also state in the deed any other real action or encumbrance he knows of, under civil and criminal liability (Decreto 93.240, art. 1, § 3).

What the law says is not required

Lei 13.097/2015, art. 54, § 2 (added in 2022), says that for the validity or effectiveness of a transaction on real property, or to establish the good faith of the buyer, the following are not required: any certificates beyond those listed in Lei 7.433, art. 1, § 2, and “a apresentação de certidões forenses ou de distribuidores judiciais” (court or distributor certificates). Older advice often says the opposite. The effect is that a buyer’s protection comes mainly from what is on the matrícula: § 1 says situations not shown on it “não poderão ser opostas” to a buyer in good faith (cannot be set up against him), with two reservations: certain bankruptcy-law provisions (arts. 129 and 130 of Lei 11.101/2005) and ways of acquiring or losing ownership that do not depend on registration.

Court actions are made effective by being recorded. Art. 54 lists what must be on the matrícula to be effective against later deals: registered citations in real actions, annotated court restrictions, administrative or conventional restrictions and unavailability orders, and, since Lei 14.825/2024, any court restriction on the property or on the owner’s estate. This is why the first document to read is the matrícula.

What a buyer may still choose to ask for

The law removes a requirement; it does not forbid checking. Items a buyer may consider on top of the list above, none of which the texts read make mandatory:

• Court and distributor certificates for the seller in the places where the seller lives or lived. They are not required for good faith (art. 54, § 2, II), but may show claims that could lead to a dispute or to the bankruptcy-law reservations above.
• A condominium statement that the unit’s charges are paid. The law makes the buyer liable: “o adquirente de unidade responde pelos débitos do alienante, em relação ao condomínio, inclusive multas e juros moratórios” (Código Civil, art. 1.345). See condominium fees and rules.
• City tax certificates even if you could waive them: waiving them makes you liable for the debts (Decreto 93.240, art. 1, § 2). The IPTU is explained in the IPTU guide.
• Evidence of the building’s regularity, such as the occupancy certificate (habite-se) and the recording of construction on the matrícula. The federal texts read for this guide do not list them as deed documents; ask the city and the registry what applies locally.
• Marital status and the spouse’s consent: see spousal consent.

For a property in a coastal strip, a rural property or one near a border, additional documents apply: see beachfront properties, rural land and border-strip rules.

How to order and how fast

Anyone may request a registry certificate without giving a reason (Lei 6.015, art. 17). The registry law sets maximum times from payment of the fees: 4 hours for a full-text certificate of an electronic matrícula in business hours, 1 day for an updated legal-situation certificate, 5 days for the other cases (art. 19, § 10). Time the order so that the certificate is less than 30 days old at the signing; if the signing slips, order again.

Which professional to consult

A lawyer registered with the OAB can order the certificates, read them and report on what they show; see the property-lawyer page. The notary checks that the statutory documents are present but is not there to advise you on the others.