The matrícula: the Brazilian property record explained

What the law says it contains

Lei 6.015/1973, art. 176, § 1, II, lists the requirements of a matrícula:

1. the order number and the date;
2. the identification of the property: for an urban property, its characteristics and boundaries, location, area, street, number and cadastral designation if any; for a rural one, the property code, the data in the rural-property certificate (CCIR) and its name, boundaries, location and area;
3. the owner: name, domicile and nationality, and for an individual the marital status, profession and the CPF tax number or, failing that, the identity number; for a company, the registered seat and company tax number;
4. the number of the previous registration.

Each registration in the registry book requires, among other things, the date; the names, domicile and nationality of the seller and buyer with their marital status, profession and tax numbers; the title of the transfer or encumbrance (a deed, for instance); its form and origin; and “o valor do contrato” (the contract value), terms and conditions (art. 176, § 1, III). The acts that are entered include the sale itself (“da compra e venda pura e da condicional”, art. 167, I, 29), the mortgage and other rights listed in art. 167.

Two practical points follow. The owner’s marital status appears on the record, so it points you to spousal consent. And the matrícula describes a property by its registry data, which can differ from what the city holds for the IPTU; the city’s register is not proof of title.

Matrícula, transcrição and the old books

Older titles were recorded in a different way, by transcrição. The text of art. 176, § 1, I, lets the registry open a matrícula “por ocasião do primeiro ato de registro ou de averbação caso a transcrição possua todos os requisitos elencados para a abertura de matrícula”, meaning when the first registration or annotation is made if the old transcription has all the elements required to open one. In an older building you may therefore meet a property whose chain of title runs through transcription entries; ask the registry to explain it and have a lawyer read it.

Which registry holds it

The registry of the district where the property stands (art. 169). A property that lies in two districts gets a matrícula in each. A certificate from another registry is not a substitute. Its fees are set by the state; see notary and registry fees.

How to get a certificate

The certified copy is a certidão. Three kinds matter to a buyer:

• Certidão de inteiro teor (full text of the matrícula): everything entered since it was opened.
• Certidão da situação jurídica atualizada (updated legal-situation certificate): the current state, meaning ownership, liens and restrictions in force.
• Certidão de ônus reais (certificate of encumbrances) and of “ações reais e pessoais reipersecutórias”, meaning actions about the property, which the notary requires for the deed (Decreto 93.240/1986, art. 1, IV, valid 30 days for that purpose); see due diligence certificates.

The registry law sets issue times in art. 19, § 10, counted from payment of the fees: 4 hours for a full-text certificate of an electronic matrícula requested in business hours, 1 day for the updated legal-situation certificate and 5 days for other cases. Electronic certificates are valid and carry public faith when issued under the registry law’s electronic rules. Art. 17 says: “Qualquer pessoa pode requerer certidão do registro sem informar ao oficial ou ao funcionário o motivo ou interesse do pedido”, meaning anyone may request a certificate without stating a reason, so you do not need to be the owner. Requests and submissions made over the internet must be signed with an advanced or qualified electronic signature, as the national justice council sets (art. 17, § 1).

What to check on it

• Owner: the name, nationality and marital status must match the person selling. If two names or a company appear, ask who holds the power to sell.
• Description: area, address and number must match the property you have visited.
• Encumbrances: a mortgage, fiduciary lien, usufruct, court seizure or administrative restriction is shown as an entry. An entry is cancelled by another entry; an entry for a loan that has been repaid still stands until it is cancelled, so have it cancelled before the deed (see fiduciary lien).
• Notes on court actions: since Lei 13.097/2015, art. 54 (as amended in 2022 and 2024), actions and court restrictions are effective against later deals when they are recorded on the matrícula, and a buyer in good faith is protected against situations not recorded there (§ 1).
• Date: ask for a certificate issued within days of the signing, not an old photocopy.

The matrícula tells you the legal situation of the title. It does not tell you the physical state of the building, the condominium debts, the zoning, or whether the building works have been declared; those need other documents.

Which professional to consult

The registry office issues the certificates. A lawyer registered with the OAB reads them with you; see the property-lawyer page.