In short
In Brazil you become the owner when the deed is registered at the Registro de Imóveis (property registry) of the district where the property stands, not when you sign it. Código Civil art. 1.245: “enquanto não se registrar o título translativo, o alienante continua a ser havido como dono do imóvel”, meaning that until the title is registered, the seller is still regarded as the owner. Once the deed is lodged, the registrar has 10 days to register it or issue a written list of objections, or 5 days for a plain sale deed with no objections and the fees paid. The prenotation of your deed lapses after 20 days if you do not satisfy the registrar’s requirements.
Why registration is the step that counts
The Civil Code treats ownership of real property as a matter of the registry’s entries. A buyer who signs the deed and does not register is not yet the owner. The registry law adds that an entry stays in force until cancelled: “o registro, enquanto não cancelado, produz todos os seus efeitos legais ainda que, por outra maneira, se prove que o título está desfeito, anulado, extinto ou rescindido” (Lei 6.015/1973, art. 252), which means the registered entry produces its legal effects even if it is proved otherwise that the title is undone, annulled or rescinded, until it is cancelled. That is why the owner shown on the matrícula is the person the registry will deal with.
The other protection that depends on registration comes from Lei 13.097/2015, art. 54, § 1: “não poderão ser opostas situações jurídicas não constantes da matrícula no registro de imóveis” to a buyer in good faith, meaning that legal situations not shown on the matrícula cannot be set up against a good-faith buyer, with reservations for two articles of the bankruptcy law and for ways of acquiring or losing ownership that do not depend on registration. The more complete the entries, the stronger your position.
Where and with what
Acts that must be registered “serão efetuados na serventia da situação do imóvel” (Lei 6.015, art. 169): the registry office responsible for the district where the property is located, whatever your residence. The registry admits only certain titles (art. 221). For a sale this means:
- the escritura pública, including a deed drawn at a Brazilian consulate; see the deed;
- a private instrument authorised by law, with signatures of the parties and witnesses and recognised signatures;
- foreign official acts with the force of a public instrument, legalised and translated and registered at the Registry of Titles and Documents.
You will also normally need the proof that the ITBI was paid. The tax is set by your city; see the ITBI guide. Some cities allow payment after the deed (Macapá, for example, up to the 20th day after registration), so ask your registry which proof of payment it will want.
The protocol, priority and deadlines
Registration runs through a daily log called the Protocolo. Each title lodged receives a number “em razão da seqüência rigorosa de sua apresentação” (art. 182), and “o número de ordem determinará a prioridade do título, e esta a preferência dos direitos reais” (art. 186): the first title lodged takes priority over later ones, even from the same person. That is why you should lodge the deed as soon as it is signed.
The clocks read in the law are:
| Step | Rule | Source |
|---|---|---|
| Registry response | 10 days from the protocol: register, or issue a written list of requirements (nota devolutiva) | Art. 188, caput |
| Plain sale deeds | 5 days, if there are no requirements and the fees are paid; also for electronic documents lodged through the national electronic system (Serp) and for titles that return within the prenotation | Art. 188, § 1 |
| Lapse of prenotation | 20 days from the protocol if the title is not registered because the party failed to meet the requirements | Art. 205 |
| Certificate of encumbrances used for the deed | Valid 30 days for that purpose | Decreto 93.240/1986, art. 1, IV |
After the 20 days the effects of the prenotation cease (art. 205), so the title no longer holds its place in the queue. Do not leave a nota devolutiva unanswered.
What happens after registration
The registrar enters the sale on the matrícula under the buyer’s name. The matrícula must identify the owner by name, domicile and nationality, and for an individual by marital status, profession and tax number or identity number (art. 176, § 1, II, 4). That is the point where a foreign buyer’s data and marital regime must match the deed. Ask for a new certificate of the matrícula after registration: it is the document that shows you as the owner. Certificates are issued within set times: 4 hours for a full-content certificate of an electronic matrícula during business hours, 1 day for an updated legal-situation certificate, 5 days for other cases (art. 19, § 10, counted from payment of the fees).
What it costs
The registration fee is set by each state; the tables read by Payotte are in notary and registry fees. The registry law gives a 50% cut in the fees “dos atos relacionados com a primeira aquisição imobiliária para fins residenciais, financiada pelo Sistema Financeiro da Habitação” (art. 290), a reduction for the first residential acquisition financed under the SFH; how each state applies it is in the first-home registry fee discount. The full cost picture is in closing costs in Brazil.
Which professional to consult
The oficial de registro de imóveis (registrar) qualifies the title and registers it. A lawyer registered with the OAB can follow the file and answer a nota devolutiva on your behalf; see the property-lawyer page. Many people ask the lawyer or the notary’s office to lodge the deed; ask whoever acts for you to confirm in writing the protocol number and date.
Frequently asked questions
Am I the owner once I sign the deed?
No. The Civil Code makes the seller the owner until the title is registered (art. 1.245).
How long does registration take?
The registrar has 10 days, or 5 for a plain sale deed with no requirements and the fees paid (Lei 6.015, art. 188). A list of requirements stops that clock.
Which registry do I use?
The one of the district where the property stands (art. 169).
What if I do not meet the registrar’s requirements?
After 20 days from the protocol, the prenotation lapses (art. 205) and the title no longer holds its priority; ask the registry how to lodge it again.
Do I need to register a preliminary contract?
Not to bind the parties, but a promise of sale without a right of regret, registered, gives the buyer a real right (Código Civil, art. 1.417); see purchase agreement and deposit.
More guides on buying
- Buying a home in Brazil step by step: the process
- Closing costs when buying a home in Brazil
- Due diligence in Brazil: which certificates to collect
- Escritura pública: the notarial deed in a Brazilian sale
- First-home registry fee discount (Lei 6.015, art. 290)
- ITBI in Brazil: the property transfer tax by city
- ITBI tax base: price, valor venal and reference value
- Notary and registry fees in Brazil, state by state
- Purchase agreement and deposit (sinal, arras) in Brazil
- Spousal consent (outorga conjugal) when buying in Brazil
- The matrícula: the Brazilian property record explained
Sources
- Lei 6.015/1973, Registros Públicos: arts. 169, 176, 182 a 188, 205, 221, 252, 290 (Câmara dos Deputados, texto atualizado) (consulted 15 October 2026)
- Código Civil, Lei 10.406/2002, art. 1.245 (Câmara dos Deputados) (consulted 15 October 2026)
- Lei 13.097/2015, art. 54 (Câmara dos Deputados) (consulted 15 October 2026)
- Decreto 93.240/1986, art. 1 (Câmara dos Deputados) (consulted 15 October 2026)