If you have already bought or sold a property, you know that there is a lot of bureaucracy to be followed based on legislation and you have probably heard about property registration.
So that you understand better about the subject, we will explain to you everything you need to know, so that when you need to do something in the registry, you will have more knowledge about the subject.
What is property registration?
Annotation is a term that must be done after the registration of the property and which aims to make any type of change that changes the content initially contained in the property registration legal.
When you record all changes made such as constructions or demolitions, there is a guarantee of security to the owner when he needs to do some validation on the property.
In short, the registration of the property is a way of judicially formalizing the way in which the property is currently located.
What must be registered?
Any changes relating to the property or owner must be noted. The most common changes to be registered are as follows:
- Structural changes, improvements and dismemberments;
- Change such as street name or house number;
- Lease agreement;
- Civil changes of owners;
- Division of land into lots;
- Financing, assignment of real estate credit and also promise to buy and sell the property.
Where to register the property?
To register the property, you must go to the Real Estate Registry Office, where various types of documents and information about the changes made will be required.
The documents will vary according to the type of registration that will be carried out, so if, for example, you register a demolition carried out on the property, you will need to present the permit, the demolition certificate from the city hall and also the specific application for this signed registration by the owner.
What documents are required to carry out the annotations?
So that you are not surprised at this time, we have separated some types of registration and their respective necessary documents. Are they:
Here, a statement from the municipality with the specified matches and a request for the match update request is required.
Public address registration
A declaration from the city hall with the name of the street that is on the property’s registration and the current name will be required, as well as the request to request the change of the street name.
Registration of municipal registration
For this, it is necessary to have the declaration from the city hall with the registration number and the registration number, as well as the application to request this registration.
It is necessary, for this type of registration, to have a certified or original copy of the marriage certificate and its application.
In this type of registration, it is necessary to have the ART duly registered in the CAU or CREA, the certificate of completion of the work, with the commercial value and the city hall’s occupancy permit, the INSS CND, the declaration of the company that supplies the that the property has a water connection, the property plan with the signatures of the engineer and the owner and, finally, the application with the mention of the value of the work, with a notarized signature.
Registration of usufruct cancellation
Here it is necessary to have the application with the notarized signature of the owner or interested party, a certified copy of the death certificate or deed of usufruct renouncement, and the original guide of the Causa Mortis Transmission Tax and Donation (ITCMD).
For the demolition registration, you must have the following documents: the demolition permit, the demolition certificate from the city hall, the INSS CND, and the application signed by the owner.
Separation or Divorce Registration
For this type of registration, you will need the marriage certificate updated with the registration of the divorce, here you can present both the original and the copy. You will also need the application signed by the landlord requesting the registration of the divorce.
Upon dismemberment, the necessary documents are ART with proof of payment, certificate of approval from the city hall, map signed by the owner and the responsible engineer, descriptive memorial of the areas that were deployed, and finally, the list of certificates according to Law No. 6776/79, art. 18.
How long does it take to register the property?
If all documentation and procedures are correct and nothing else is requested, the registration process takes, on average, 30 days from the moment the registration protocol is generated.
How much does it cost to register the property registration?
As with any registration, annotation also has a cost to be carried out. The cost of this varies depending on the city, the size of the property, and the move made.
The registration of the property comes at a cost.
It is always important to verify this information with the responsible registry so that it can better assess the situation and give you the correct price. Another good tip is to have the help of a lawyer who is specialized in the matter.
Registration with a declared value
As mentioned earlier, the cost of registration varies according to the value of the property, the state and the city in which it is located. This type of registration occurs when there is any construction, demolition, purchase and sale or any other type of modification that has been carried out in the property.
Registration without declared value
When there is no declared value in the registration, a fixed value is applied. This type of annotation is normally carried out when there are changes in the owner’s marital status or issues related to inheritance.
Are you interested in buying a property and want to have as much information as you need? Check the article Purchase and sale agreement, deed, and property registration – What is the difference?