Public Deed and Purchase and Sale Registration Checklist

Detailed guide on essential documentation required for public deed execution and real estate purchase and sale registration under Brazilian civil law.

Última atualização:

Por Editorial Staff of the 5th Notary Office of Recife — AI-assisted legal writing staff · 5º Tabelionato de Notas de Recife

Context Note: This content describes Brazilian notarial and real estate registration law.

Document Checklist for Public Deed and Real Estate Purchase and Sale Registration

Document Checklist: Real Estate Deed & Registration

Complete checklist of documents required to execute a public deed and register a real estate purchase and sale in Brazil. Avoid registrar requisitions.

document-checklist-public-deed-real-estate-purchase-sale-registration

Questions answered in this article

  • Which documents are required to execute the public deed and purchase and sale registration?
  • What is the difference between executing a public deed and registering a purchase and sale?
  • Is proof of ITBI payment mandatory to execute a public deed and purchase and sale registration?
  • Who must present personal and tax certificates in the purchase and sale process?
  • What happens if the public deed and purchase and sale registration are not recorded at the real estate registry?

In summary

  • Real estate property transfer requires the execution of a notarial act and subsequent recording on the property title deed/property register (Código Civil [Brazilian Civil Code], art. 1º,245).
  • The document checklist includes personal identification documents, proof of marital status, an updated title certificate, and tax clearance certificates.
  • The registration qualification process analyzes the legality of title deeds and requires proof of payment of the Imposto sobre Transmissão de Bens Imóveis (ITBI - Property Transfer Tax).
  • The absence of recording at the real estate registry prevents the acquisition of in rem rights, maintaining the seller as the legal owner against third parties.

Executive summary

To safely acquire urban or rural real estate in Brazil, you must present complete documentation to both the notary office (tabelionato de notas) and the real estate registry (cartório de registro de imóveis) (Lei nº 8.935/1994 [Notaries and Registrars Law], art. 1º). The process requires checking the personal certificates of all parties, proof of tax clearance, and an updated property title certificate showing encumbrances. Property ownership transfer is only completed upon the recording of the translativo title at the competent real estate registry office (Código Civil, art. 1º,245).

Which documents are required to execute the public deed and purchase and sale registration?

To complete a real estate transfer, you must present to the notary office and real estate registry the qualification documents of buyers and sellers, property certificates, and seller clearance certificates (Lei nº 8.935/1994, art. 6º). Sending these documents in advance prevents registration requisitions (notas de exigência) and delays in registration qualification.

The qualification documentation of the parties includes an official photo ID (RG, CNH driver's license, or legally accepted professional identity card), CPF (Individual Taxpayer Registry), and an updated proof of residence. If a party is married or in a stable union, they must present the corresponding marriage or union certificate with the respective annotation of the marital property regime. For legal entities, an updated articles of incorporation or bylaws, proof of enrollment in CNPJ (National Registry of Legal Entities), and manager representation documents are required.

Regarding the property, you must request an updated property title certificate (certidão de matrícula) showing negative encumbrances and pending lawsuits, issued within the last 30 days by the real estate registry. A negative municipal property tax certificate (IPTU) issued by the municipality and a statement of clearance of condominium fees issued by the property manager (síndico) are also required. If the property is rural, the Certificado de Cadastro de Imóvel Rural (CCIR - Rural Property Registration Certificate) and proof of entry in the Cadastro Ambiental Rural (CAR - Rural Environmental Registry) are required.

The seller must present certificates of civil, criminal, labor, and state/federal tax distributions to demonstrate the legal security of the transfer. Payment of the Imposto sobre Transmissão de Bens Imóveis (ITBI - Property Transfer Tax) must be proved using the official receipt paid to the municipality where the property is located.

What is the difference between executing a public deed and registering a purchase and sale?

Executing a notarial act at the notary office formalizes the intent of the parties, while recording at the real estate registry transfers property ownership (Código Civil, art. 1º,245). The public deed and purchase and sale registration constitute two complementary phases of a legal real estate transaction.

At the notary office, the notary or notary clerk qualifies the parties, assesses civil capacity (Código Civil, art. 104), checks documentation, and drafts the declaratory instrument of the legal transaction (Código Civil, art. 215). The public deed is the appropriate instrument to confer public faith and security to the agreed contractual terms. The transaction can even be conducted digitally via the e-Notariado platform, as explained in our guide on electronic notarial acts via the e-Notariado platform.

After signing the deed at the notary office, you must present the official copy (traslado) to the real estate registry office where the property is registered (Provimento CNJ nº 149/2023 [CNJ Regulation nº 149/2023], Book I). The real estate registrar conducts a legality review—known as registration qualification—and performs the recording entry on the property title (Provimento CNJ nº 149/2023, Book II). Only through this registration act does the buyer acquire in rem title ownership.

| Stage | Competent Office | Objective of Act | Legal Consequence |

| :--- | :--- | :--- | :--- |

| Execution of Deed | Notary Office (Tabelionato de Notas) | Formalize intent and legal transaction | Creates an obligatory bond and generates a valid instrument with public faith (Código Civil, art. 215) |

| Title Registration | Real Estate Registry (Registro de Imóveis) | Conduct qualification and record entry on title | Transfers property ownership and creates in rem rights against third parties (Código Civil, art. 1º,245) |

Is proof of ITBI payment mandatory to execute a public deed and purchase and sale registration?

Yes. Payment of ITBI is an indispensable legal requirement for both executing the public deed and passing qualification at the real estate registry. Notaries and registrars have a legal duty to inspect the payment of taxes levied on acts performed by them.

ITBI is a municipal tax whose rates and payment deadlines are regulated by the legislation of the municipality where the property is located. The tax amount is calculated based on the assessed market value or transaction value of the property. For detailed insights on values and deadlines, see our article on ITBI and negative certificate requirements in real estate registration qualification.

If ITBI was paid based on a municipal assessment at the time of executing the public deed, but presentation to the registry occurs much later, the real estate registrar will verify tax receipt compliance. If municipal tax rules change or value discrepancies arise, the registry office may request additional payment or the issuance of a new clearance certificate from the municipality.

Who must present personal and tax certificates in the purchase and sale process?

Responsibility for presenting tax clearance, civil distribution, and labor lawsuit certificates rests primarily with the seller of the property. This verification protects the buyer against risks of fraud against creditors or fraud against execution.

The buyer must present personal identification and proof of marital status documents. If the buyer is a legal entity, it must demonstrate its valid incorporation and the scope of powers granted to its contractual representatives in its bylaws or articles of incorporation.

Certificates that must be presented by the seller include:

  • Negative certificate of federal tax debts and Active Debt of the Union (PGFN).
  • Negative certificate of state and municipal tax debts tied to their CPF or CNPJ.
  • Negative labor debt certificate (CNDT), obtained from the Labor Court system.
  • Certificates of distribution for civil, criminal, and tax execution lawsuits from the judicial district of residence and property location.

What happens if the public deed and purchase and sale registration are not recorded at the real estate registry?

If you fail to execute a public deed and record the corresponding entry at the real estate registry, you do not acquire property ownership (Código Civil, art. 1º,245). Private contracts, unrecorded receipts, or purchase and sale promises are strictly personal and obligatory in nature.

If a private contract is not registered on the property title, the seller remains listed on the title record as the formal legal owner of the property. This exposes the buyer to significant risks, such as property seizure or judicial freezing due to tax, labor, or civil lawsuits against the former owner.

Furthermore, upon the death of the seller listed on the title, the property will become part of the seller's estate and subject to probate, requiring costly judicial or extrajudicial procedures to regularize the situation. To learn more about prior contract effects, consult our article on the difference between promise of purchase and sale and definitive public deed.

---

Document checklist

Use this checklist to gather documentation before visiting the notary office and real estate registry:

Sellers and Buyers Documentation (Individuals)

  • [ ] Official photo ID document (RG, CNH driver's license, or professional ID card)
  • [ ] Individual Taxpayer Registry card (CPF)
  • [ ] Updated Birth Certificate (if single) or Marriage Certificate (issued within the last 90 days)
  • [ ] Proof of residence issued within the last 90 days
  • [ ] Registered prenuptial agreement (if married under a property regime other than standard partial community of property)
  • [ ] National Registry of Legal Entities enrollment card (CNPJ)
  • [ ] Consolidated Articles of Incorporation or Bylaws with current officer election minutes
  • [ ] Updated simplified certificate from the Commercial Registry (Junta Comercial)
  • [ ] Personal identification documents of officers or attorneys-in-fact

Property Documentation

  • [ ] Property title certificate (certidão de matrícula) showing negative encumbrances and in rem/personal lawsuits (issued within the last 30 days by the real estate registry) (Provimento CNJ nº 149/2023, Book I)
  • [ ] Negative municipal property tax certificate (IPTU) (or positive certificate with negative effect)
  • [ ] Condominium fee clearance statement signed by the property manager (with election minutes)
  • [ ] Paid ITBI tax slip and corresponding bank payment receipt
  • [ ] Current year IPTU tax statement showing assessed property value

---

In practice

Case 1: Property purchase from a seller facing active execution proceedings

A citizen purchased an apartment via a private contract without requesting seller clearance certificates and without executing a public deed and purchase and sale registration at the competent registry office. Three years later, while trying to formalize ownership, the buyer discovered that the property had been seized in a labor debt execution lawsuit against the seller. Because the title had not been recorded at the real estate registry (Código Civil, art. 1º,245), the property remained legally part of the former owner's estate. To protect possession rights, the buyer had to file third-party opposition proceedings (embargos de terceiro) in court, facing delays and attorney fees that could have been avoided had the transaction followed registration qualification at the proper time.

Case 2: ITBI value discrepancy due to delayed submission to the Real Estate Registry

A buyer executed a purchase and sale public deed for a home in 2022, paying the ITBI tax slip calculated by the municipality at that time. For personal reasons, the buyer stored the deed in a drawer and delayed submitting it to the real estate registry. In 2026, upon filing for entry to obtain property transfer, the registry qualification team identified local tax law changes and required updated tax clearance and receipt verification with City Hall. The user had to request a tax re-examination from the municipality to validate the old payment receipt before the registrar could perform the registration act safely.

---

Common mistakes

  • Believing that a private contract transfers real estate property ownership
  • Correction: Statutory civil law explicitly specifies that inter vivos property transfers of assets valued above 30 times the national minimum wage occur only upon recording the public deed and purchase and sale registration on the property title maintained at the real estate registry (Código Civil, arts. 108 and 1,245).
  • Failing to obtain updated personal clearance certificates for the seller
  • Correction: Requesting updated civil, labor, and tax execution distribution certificates from the jurisdiction where the seller resides and where the property is located is essential. Certificates prevent purchasing properties subject to fraud against creditors.
  • Ignoring the marital property regime and spousal consent
  • Correction: Except under absolute separation of property regimes, real estate disposal by a married person requires spousal consent (outorga uxória or marital). Omitting this formality makes the legal transaction voidable.
  • Delaying submission of the public deed to the Real Estate Registry after signing
  • Correction: Executing the deed at the notary office is only the first step. You must submit the deed copy to the real estate registry as soon as possible to ensure filing priority (prenotação), as detailed in our article on real estate registration qualification, deadlines, and prenotação.

---

  • Lei nº 10.406/2002 — Código Civil, art. 108 Lei nº 10.406/2002 (Código Civil), art. 108 — Establishes public deeds as an essential form for the validity of legal transactions creating or transferring real estate rights valued above 30 minimum wages.
  • Lei nº 10.406/2002 — Código Civil, art. 1º.245 Lei nº 10.406/2002 (Código Civil), art. 1º,245 — Mandates that inter vivos property transfers occur upon recording the translativo title at the competent real estate registry.
  • Lei nº 8.935/1994, art. 1º Lei nº 8.935/1994, art. 1º — Regulates notarial and registry services designed to ensure public notice, authenticity, security, and efficacy of legal acts at the federal level. Official source on the Planalto portal.
  • Lei nº 8.935/1994, art. 6º Lei nº 8.935/1994, art. 6º — Sets forth the exclusive attributes of notaries in document review and formalization of legal transactions.
  • Provimento CNJ nº 149/2023, Livro II Provimento CNJ nº 149/2023, Book II — Consolidates National Internal Affairs Service standards for notarial and registry services. Detailed guidelines on the CNJ portal.

---

Frequently asked questions

Which documents are required to execute the public deed and purchase and sale registration?

To formalize and register the transaction, you must present to the notary office and real estate registry personal identification documents of all parties (photo ID, CPF, proof of marital status and residence), an updated property title certificate showing encumbrance status (issued within the last 30 days), property tax clearance certificates (IPTU), and the paid ITBI tax slip. If the seller is a legal entity, articles of incorporation and proof of legal representation are also required.

What is the difference between executing a public deed and registering a purchase and sale?

A public deed is executed at a notary office (tabelionato de notas) to formalize the declaration of intent of the contracting parties under public faith. Registration, on the other hand, is performed on the property title record maintained at the competent real estate registry (cartório de registro de imóveis) to legally transfer in rem property ownership. Only completing the registration phase transfers the property to the buyer under statutory law.

Is proof of ITBI payment mandatory to execute a public deed and purchase and sale registration?

Yes. Notaries and registrars have a statutory duty to supervise the collection of taxes levied on legal acts executed and recorded by them. Presenting the paid ITBI tax slip and municipal tax clearance certificate is a binding tax requirement to issue and record the property transfer instrument.

Who must present personal and tax certificates in the purchase and sale process?

The seller (transferor) is responsible for presenting negative tax, labor, civil, and criminal lawsuit distribution certificates. This verification ensures there are no pending judicial liabilities against the owner that could jeopardize the transaction's safety. The buyer presents personal qualification documents or updated corporate charter documents.

What happens if the public deed and purchase and sale registration are not recorded at the real estate registry?

Without title registration at the real estate registry, the buyer acquires only factual possession or a personal contractual right. The property remains legally owned by the seller listed on the title record, leaving the asset vulnerable to judicial attachment for debts of the former owner or legal complications during probate proceedings.

---

Next steps

  • Gather identification documents: Check that birth or marriage certificates were issued recently and request full qualification details for all parties.
  • Obtain an updated property title certificate: Request a full-content property title certificate (certidão de matrícula de inteiro teor) with encumbrances and lawsuits from the real estate registry, issued within the last 30 days.
  • Request tax and lawsuit clearance certificates: Download municipal, state, and federal tax clearance certificates for both the property and the seller.
  • Schedule an appointment at the Notary Office: Send documents to your preferred notary office for draft review and execution of the purchase and sale public deed.
  • File the deed copy at the Real Estate Registry: After signing the deed, file the official copy and tax receipts with the real estate registry office where the property is registered.

---

Content prepared by the Editorial Staff of the 5th Notary Office of Recife based on current federal legislation and regulatory guidelines of the National Council of Justice (CNJ).

Last legal review: August 25, 2026.

Notice: This content is exclusively informative and technical-institutional in nature. It does not replace individualized notarial assistance or specific legal advice for concrete cases provided by the competent extrajudicial registry office.

Conteúdos relacionados

Próximos passos

Serviços do Tabelionato · Real Estate · Ver todos os conteúdos