Full Copy vs Encumbrance Certificate: Which to Request?

Understand the operational differences between a full copy certificate and an encumbrance certificate at the Real Estate Registry to request the correct document.

Última atualização:

Por Dr. Fernando Vasconcelos — Substitute Notary at the 5th Notary Office of Recife · 5º Tabelionato de Notas de Recife

Note: This content describes Brazilian notary and public registry law.

This article answers

  • What is a full copy certificate (certidão de inteiro teor) from the Real Estate Registry?
  • What is an encumbrance certificate (certidão de ônus reais e ações reipersecutórias)?
  • What is the difference between a full copy certificate and an encumbrance certificate?
  • Which certificate should I request to execute a public deed of purchase and sale?
  • Does the encumbrance certificate still exist under current legislation?
  • How to request an updated legal status certificate (certidão de situação jurídica atualizada) for a property?

In summary

  • The full copy certificate (certidão de inteiro teor) fully copies the property's record page (matrícula), detailing its complete history. The encumbrance certificate (certidão de ônus reais) declares whether there are active encumbrances, such as judicial attachments (penhoras), fiduciary assignments (alienações fiduciárias), or mortgages (hipotecas).
  • When you execute a public deed of purchase and sale at a notary office (tabelionato de notas), the standard requirement is the issuance of a full copy certificate combined with a negative certificate of encumbrances and in rem personal actions (certidão negativa de ônus reais e ações reipersecutórias).
  • The modernization of registry legislation allows requesting an updated legal status certificate (certidão de situação jurídica atualizada), combining the property record history and active encumbrances into a single official document.
  • Requests can be made in person at the Real Estate Registry (Registro de Imóveis) office competent for the property's jurisdiction or 100% digitally through the Electronic Public Registry System platform (Sistema Eletrônico dos Registros Públicos — SERP).

What is a full copy certificate (certidão de inteiro teor) from the Real Estate Registry?

A full copy certificate is a faithful and complete copy of all acts recorded on the registry card or ledger (matrícula) of a real property. It is issued by the real estate registrar (oficial de registro de imóveis) of the jurisdiction where the property is registered. This document describes the complete history of the asset, from its creation to the most recently registered act.

Upon obtaining a full copy certificate of the property record, you receive the location, neighboring properties (confrontantes), exact square footage, and the historical chain of owners. The document details all transfers, sales agreements, and registration updates over time. General guidelines governing notary and registry services aim to ensure public notice, authenticity, security, and effectiveness of legal acts (Lei nº 8.935/1994 [Notaries and Registrars Law], art. 1º).

This certificate acts as the birth certificate of the property. Any change in ownership or modification of the owner's marital status results in a registered act (registro) or annotation (averbação) on the property's card. To better understand how each entry is made on the record, see our guide on the difference between registration and annotation on the property record.

What is an encumbrance certificate (certidão de ônus reais e ações reipersecutórias)?

The certificate of encumbrances and in rem personal actions (certidão de ônus reais e ações reipersecutórias) is the public document that formally attests to the existence or absence of legal restrictions affecting the property. The indication of encumbrances (ônus reais) refers to limited real rights that encumber the property, preventing or conditioning its free disposition.

Among the most frequent encumbrances registered on a property record are:

  • Conventional or judicial mortgage (hipoteca);
  • Fiduciary assignment as collateral to financial institutions (alienação fiduciária em garantia);
  • Life or temporary usufruct (usufruto);
  • Registered purchase and sale agreement, which grants a real right to the promising buyer (Código Civil [Civil Code], art. 1º.417);
  • Easements (servidões de passagem) and judicial attachments (penhoras).

On the other hand, in rem personal actions (ações reipersecutórias) are lawsuit proceedings in which possession or ownership of the property itself is disputed. If the property is subject to an adverse possession lawsuit (usucapião), deed annulment, or repossession action, this pending litigation must be annotated on the property record. A negative certificate attests that no such claims or disputes encumber the property.

What is the difference between a full copy certificate and an encumbrance certificate?

Questions regarding whether to request a full copy certificate or encumbrance certificate stem from the specific purpose of each document. While the full copy certificate reproduces the complete narrative and descriptive history of the asset, the encumbrance certificate acts as a negative or positive declaration regarding the property's current legal status.

In registry practice, these two types of certificates are routinely issued together on a single document. The registrar transcribes the property record in full text (inteiro teor) and, at the end, includes the certificate of encumbrances and in rem personal actions, certifying whether the property is free and clear of encumbrances at that exact moment.

The table below compares the main characteristics of both documents:

| Comparison Criterion | Full Copy Certificate (Inteiro Teor) | Encumbrance Certificate (Ônus Reais) |

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

| Main Content | Full historical copy of the property record card (matrícula). | Declaration of existence or absence of active encumbrances. |

| Scope of Analysis | Entire real estate history and chain of owners. | Current legal status of the asset (free or encumbered). |

| Lawsuits | Displays lawsuits only if annotated on the record. | Expressly certifies the presence of in rem personal actions. |

| Joint Issuance | Frequently unified with the encumbrance certificate. | Issued as a negative or positive declaration certificate. |

| Mandatory Use | Required for executing public deeds (Código Civil, art. 108). | Required for bank financing and real estate collateral. |

When determining whether to request a full copy certificate or encumbrance certificate, you should confirm the requirements of the requesting institution or notary office. In complex real estate transactions, conducting a proper real estate title qualification depends on reviewing both sets of information.

Which certificate should I request to execute a public deed of purchase and sale?

To execute a public deed of purchase and sale at a notary office (tabelionato de notas), you must request a **full copy certificate of the property record with encumbrance and in rem action certificates** (or an updated legal status certificate). The notary public must confirm that the seller is the registered legal titleholder on the property record, following the rule for inter vivos property transfer set forth in the Civil Code (Código Civil, art. 1º.245).

Presenting an updated certificate ensures legal certainty for all contracting parties. The validity period of this document for executing a public deed is 30 days from its issuance by the Real Estate Registry office. If the period expires before the notary act is signed, a new certificate must be presented to the notary office.

In addition to verifying ownership, a negative encumbrance certificate proves that the property has no legal impediments to being transferred. To review the complete list of documents required for property transfers, consult our article on the document checklist for public deeds and registry.

Does the encumbrance certificate still exist under current legislation?

Yes, the encumbrance certificate remains fully valid under the Brazilian legal system. Articles 19 to 21 of the Public Registries Law - Lei nº 6.015/1973 guarantee any person the right to request certificates from the Real Estate Registry, which may be issued as full copy (inteiro teor), summary (em resumo), or specific queries (por quesitos).

With the enactment of Lei nº 14.382/2022, which created the Electronic Public Registry System (Sistema Eletrônico dos Registros Públicos — SERP) Lei nº 14.382/2022, art. 3º, the issuance of real estate certificates was modernized. The system introduced extract certificates (certidão em extrato) and updated legal status certificates for property records (certidão de situação jurídica atualizada).

Thus, although the term "encumbrance certificate" (certidão de ônus reais) remains widely used by the public and financial institutions, it is now part of the broader concept of an updated property legal status certificate. Consolidated general rules under Provimento CNJ nº 149/2023 harmonize the issuance of these certificates across the national territory (Book II).

Requesting an updated legal status certificate or a full copy certificate with encumbrances is a simple procedure open to the public. Any citizen can request registered information without needing to show a specific interest or hire intermediaries.

You can submit your request through two main channels:

  • In-person service: Visit the competent Real Estate Registry Office (Oficial de Registro de Imóveis) responsible for the property's zone. Provide the property record number (número da matrícula) or full address to locate the real estate index entry.
  • Digital service: Access the official Shared Electronic Service platform operated by real estate registrars (ONR/SERP). Enter the city, registry office, and record number to request the document in digitally signed PDF format.

The fee (emolumentos) charged for issuing the certificate varies according to the official fee table established by state law in each state. The statutory timeframe for issuing electronic real estate certificates ranges from a few hours up to a maximum of 4 business days, depending on the type of certificate and request method chosen.

Document checklist

To request a full copy certificate or encumbrance certificate at the Real Estate Registry, follow these steps:

  • [ ] Identify the competent Real Estate Registry office where the property is registered.
  • [ ] Obtain the property record number (matrícula), found on municipal property tax bills (IPTU), prior contracts, or older certificates.
  • [ ] Present an official photo ID of the requester (RG or CNH) and individual taxpayer registry number (CPF).
  • [ ] Provide the complete property address if the exact record number is unavailable.
  • [ ] Choose the certificate format: physical (printed on security paper) or electronic (PDF file with digital validation).
  • [ ] Pay the official registry fees (emolumentos) set by the current state fee table.
  • [ ] Await the statutory issuance period and collect the document within its 30-day validity window for use in notary acts.

In practice

Case 1: Sale of financed urban property

Marcos decided to purchase an apartment from Helena and requested only a simple certificate to verify the owner's name. Upon arriving at the notary office (tabelionato de notas) with basic documentation, the notary public noted the requirement to submit an updated full copy certificate together with encumbrance and fiduciary transfer declarations. When obtaining the certificate from the Real Estate Registry, it was discovered that the apartment still had an active fiduciary assignment (alienação fiduciária) in favor of a bank. With this information provided by the encumbrance certificate, Marcos and Helena arranged for the debt payoff and registered the satisfaction of mortgage before signing the definitive public deed of purchase and sale.

Case 2: Securing credit with rural property collateral

A rural producer needed a bank loan to fund her crop season and offered a property she owned as mortgage collateral. The financial institution required an encumbrance or full copy certificate issued within the last 30 days. The property owner requested an updated legal status certificate through the SERP online portal. The document expressly certified the absence of active encumbrances and in rem personal actions, allowing the financial institution to finalize the credit agreement and register the mortgage with complete legal security.

Common errors

  • Confusing a full copy certificate with a standalone encumbrance certificate: Requesting only an encumbrance statement without the full property record copy may prove insufficient for executing a public deed of purchase and sale, which requires a complete description of the asset.
  • Using expired certificates: Real estate certificates have a legal validity of 30 days for executing notary deeds and registry acts. Presenting outdated documents results in title rejection during notary or registry qualification.
  • **Requesting the certificate at a Notary Office (Tabelionato de Notas)**: The notary office prepares public deeds, powers of attorney, and wills, but property ledger books are maintained and certificates issued by the Real Estate Registrar (Oficial de Registro de Imóveis) (Lei nº 8.935/1994, art. 6º).
  • **Failing to verify in rem personal actions**: Reviewing only active mortgages or fiduciary assignments while ignoring pending judicial lawsuits annotated on the record may expose the buyer to risks of execution fraud or ownership litigation.
  • Lei nº 8.935/1994, art. 1º — Notary and registry services are intended to guarantee public notice, authenticity, security, and effectiveness of legal acts Lei nº 8.935/1994, art. 1º. Available at: https://www.planalto.gov.br/ccivil_03/leis/l8935.htm
  • Lei nº 8.935/1994, art. 6º — Establishes the duties of notary publics regarding the execution of deeds and acts within their competence Lei nº 8.935/1994, art. 6º. Available at: https://www.planalto.gov.br/ccivil_03/leis/l8935.htm
  • Lei nº 10.406/2002 (Código Civil), art. 1º.245 — The transfer of real property ownership inter vivos takes place by registering the title at the Real Estate Registry Lei nº 10.406/2002 — Código Civil, art. 1º.245. Available at: https://www.planalto.gov.br/ccivil_03/leis/2002/l10406compilada.htm
  • Lei nº 10.406/2002 (Código Civil), art. 1º.417 — Governs the creation of real rights for promising buyers through registration of the purchase agreement on the property record Lei nº 10.406/2002 — Código Civil, art. 1º.417. Available at: https://www.planalto.gov.br/ccivil_03/leis/2002/l10406compilada.htm
  • Lei nº 10.406/2002 (Código Civil), art. 108 — Defines public deeds as essential to the validity of real property transactions valued above thirty times the national minimum wage Lei nº 10.406/2002 — Código Civil, art. 108. Available at: https://www.planalto.gov.br/ccivil_03/leis/2002/l10406compilada.htm
  • Lei nº 14.382/2022, art. 3º — Establishes the Electronic Public Registry System for dematerializing services and issuing electronic certificates Lei nº 14.382/2022, art. 3º. Available at: https://www.planalto.gov.br/ccivil_03/_ato2019-2022/2022/lei/l14382.htm
  • Provimento CNJ nº 149/2023, Book II — Regulates general standards and procedures applicable to notary and registry services in Brazil Provimento CNJ nº 149/2023, Livro II. Available at: https://atos.cnj.jus.br/atos/detalhar/5243

Frequently asked questions

What is a full copy certificate (certidão de inteiro teor) from the Real Estate Registry?

A full copy certificate is an exact and complete reproduction of the property record card (matrícula) at the Real Estate Registry. It shows all registered entries and annotations made throughout the asset's history, starting from its opening.

What is an encumbrance certificate (certidão de ônus reais e ações reipersecutórias)?

An encumbrance certificate attests whether active legal restrictions affect the property, such as mortgages, fiduciary assignments, usufruct, or registered purchase agreements, as well as pending lawsuits disputing property ownership or possession.

What is the difference between a full copy certificate and an encumbrance certificate?

A full copy certificate displays the complete descriptive history of the property record. An encumbrance certificate focuses on the property's current legal status, explicitly confirming the presence or absence of active encumbrances and legal restrictions.

Which certificate should I request to execute a public deed of purchase and sale?

You should request a full copy certificate combined with a negative certificate of encumbrances and transfers (or an updated legal status certificate). Notary offices require this documentation to confirm seller ownership and ensure transaction security.

Does the encumbrance certificate still exist under current legislation?

Yes, the encumbrance certificate remains established under the Public Registries Law (Lei nº 6.015/1973). With Lei nº 14.382/2022 and the Electronic Public Registry System (SERP), encumbrance information is integrated into the property's updated legal status certificate.

You can request the certificate in person at the Real Estate Registry office where the property is registered or digitally through the Shared Electronic Service portal (ONR/SERP) by providing the property record number (matrícula).

Author: Dr. Fernando Vasconcelos — Substitute Notary at the 5th Notary Office of Recife (5º Tabelionato de Notas do Recife)

Technical review: Dra. Maria Clara Andrade — Specialist in Real Estate and Registry Law

Date of last legal review: August 29, 2026

Document version: 1.0 — In compliance with current Brazilian federal legislation.

Content produced by CartorIA based on official regulatory sources, indicating territorial scope and date of last legal review.

Informational content; does not replace legal advice for specific cases.

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