Public Deed of Purchase and Sale: Complete Guide
The public deed of purchase and sale formalizes the will of the parties at a notary office, being essential for the validity of real estate transactions above 30 minimum wages.
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Por Equipe Editorial do 5º Tabelionato de Notas do Recife — Tabelionato de Notas · 5º Tabelionato de Notas de Recife
Context Note: This content describes Brazilian notarial law.
Public Deed of Purchase and Sale, Exchange, and Amicable Partition
Understand the requirements, documents, and rules for executing a public deed of purchase and sale, exchange, and amicable partition of real estate.
public-deed-of-purchase-and-sale-exchange-amicable-partition
This article answers
- What documents do you need to present to execute a public deed of purchase and sale?
- When is a public deed of purchase and sale mandatory in real estate transfers?
- How do property exchange and amicable partition work at a notary office?
- Does the ITBI paid when executing a public deed of purchase and sale require additional payment upon registration?
- What are the risks of using a private contract instead of a public deed of purchase and sale?
In summary
- A public deed of purchase and sale (escritura pública de compra e venda) is the notarial act by which the notary public formalizes the will of the parties in the purchase and sale of real estate Lei nº 10.406/2002 — Código Civil, art. 215.
- The document is essential to give legal validity to transactions valued above 30 minimum wages Lei nº 10.406/2002 — Código Civil, art. 108.
- Ownership of real estate is only transferred after the deed is registered with the competent Real Estate Registry (Oficial de Registro de Imóveis) Lei nº 10.406/2002 — Código Civil, art. 1º.245.
- Acts such as property exchange and amicable partition follow a similar notarial procedure to ensure asset legal security.
What documents do you need to present to execute a public deed of purchase and sale?
You must present complete personal documentation for buyers and sellers to the notary office (tabelionato de notas). This includes an official photo ID, CPF (Cadastro de Pessoas Físicas - Individual Taxpayer Registry), proof of residence, and an updated civil status certificate issued within the last 90 days.
For urban real estate, you must provide the certificate of real encumbrances with real and in rem personal actions issued by the Real Estate Registry (oficial de registro de imóveis). Also present the negative tax clearance certificate for IPTU (Imposto Predial e Territorial Urbano - Urban Property Tax) and the paid tax receipt for ITBI (Imposto sobre a Transmissão de Bens Imóveis - Real Estate Transfer Tax).
If the property is rural, add the Rural Property Registration Certificate (CCIR - Certificado de Cadastro de Imóvel Rural), proof of ITR (Imposto Territorial Rural) settlement, and the Rural Environmental Registry (CAR - Cadastro Ambiental Rural) receipt. The notary's review of this documentation ensures the effectiveness of the notarial act Lei nº 8.935/1994, art. 1º. To check the full list of documents, consult our guide on the public deed of real estate purchase and sale.
When is a public deed of purchase and sale mandatory in real estate transfers?
A public deed of purchase and sale is mandatory for any legal transaction aimed at transferring real estate valued above thirty minimum wages Lei nº 10.406/2002 — Código Civil, art. 108. The rule applies to cash or installment transactions carried out without bank financing under the Housing Finance System (SFH - Sistema Financeiro da Habitação).
The notary public acts by drafting the instrument to ensure that the parties possess civil capacity and full freedom of choice Lei nº 8.935/1994, art. 6º. The notary verifies the legality of all clauses contained in the legal transaction before collecting signatures.
Without the drafting of the notarial title, the transaction cannot gain access to the Real Estate Registry. The absence of the public deed prevents the transfer of the in rem right and leaves the acquirer in a situation of legal vulnerability.
How do property exchange and amicable partition work at a notary office?
A real estate exchange occurs when two parties decide to trade properties with each other. The notary public executes the public deed formalizing the exchange of assets. If there is a difference in property values, the parties pay a balance adjustment (torna), which is a complementary cash payment.
An amicable partition of property is used when two or more co-owners hold property in joint ownership (condomínio) and wish to individualize their shares. The deed of partition extinguishes the co-ownership and sets the territorial fractions for each titleholder autonomously.
Both procedures require calculating the taxes applicable to the operation. The parties must present negative tax certificates and proof of tax settlement before signing the act at the notary office. You can check details in the article on the difference between registration and annotation on the property record.
Does the ITBI paid when executing a public deed of purchase and sale require additional payment upon registration?
The ITBI collected upon execution of the public deed of purchase and sale may require additional payment at the time of title registration. This happens when the City Hall adjusts the property's tax assessment value in the period between the execution of the public deed of purchase and sale and its actual presentation to the real estate registrar.
Authority to collect and inspect transfer tax lies with the municipality where the property is located. The notary public requires the paid receipt to execute the public deed of purchase and sale, but the qualification performed by the registrar checks whether the tax paid matches the value of the property on the filing date (prenotação).
If there is a discrepancy between the receipt assessment and the current municipal tax schedule, the buyer must pay the difference. This additional payment ensures the correct transfer of ownership on the property record. To learn more about documentation requirements, access our document checklist for public deeds.
What are the risks of using a private contract instead of a public deed of purchase and sale?
A private purchase and sale contract does not transfer real estate ownership for properties valued above the legal limit of thirty minimum wages Lei nº 10.406/2002 — Código Civil, art. 108. It generates only personal obligations between buyer and seller, with no effect against third parties.
If the seller incurs judicial debts, the property held solely under a private contract may be subject to seizure or judicial freezing at the Real Estate Registry. The buyer risks losing the property to creditors of the former owner.
Another complication arises if the seller dies before granting the formal deed. The buyer will need to seek property regularization through probate (inventário) of the heirs or file a judicial lawsuit to obtain legal title. To consult federal civil legislation, access the official text of the Código Civil (Civil Code) on the Planalto portal.
Document checklist
To execute a public deed of purchase and sale at the notary office, provide the following items:
- [ ] Official identity document (RG or CNH) and CPF of the involved parties.
- [ ] Marriage or birth certificate issued within the last 90 days.
- [ ] Registered prenuptial agreement, if required by the marital property regime.
- [ ] Certificate of real encumbrances and in rem personal actions issued by the Real Estate Registry.
- [ ] Municipal IPTU tax clearance certificate issued by City Hall.
- [ ] Proof of payment for the ITBI tax receipt.
- [ ] Rural Property Registration Certificate (CCIR) and ITR tax clearance (for rural properties).
- [ ] Rural Environmental Registry (CAR) receipt (for rural properties).
In practice
Case 1: Urban property purchase and sale with updated ITBI
João bought an apartment in Recife for R$ 400,000.00. The parties appeared at the notary office with their personal certificates and the updated property record. The notary public executed the public deed of purchase and sale after presentation of the paid ITBI receipt. João brought the official copy (traslado) to the jurisdiction's Real Estate Registry, which recorded the public deed of purchase and sale on the property record (matrícula), completing the transfer of ownership Lei nº 10.406/2002 — Código Civil, art. 1º.245.
Case 2: Exchange of properties with unequal values and financial adjustment
Maria and Carlos decided to exchange their houses located in neighboring municipalities. Maria's house was valued by City Hall at R$ 300,000.00 and Carlos's at R$ 400,000.00. At the notary office, a public deed of exchange was executed with a cash balance adjustment (torna) of R$ 100,000.00 paid by Maria. Each party paid transfer tax based on the valuation of the received property and presented the title to their respective Real Estate Registries for annotation and registration of in rem rights.
Frequent errors
- Believing that a private contract transfers ownership: A private contract only creates a commitment between the parties. Ownership is only transferred upon registration of the public deed of purchase and sale at the Real Estate Registry Lei nº 10.406/2002 — Código Civil, art. 1º.245.
- Failing to update property certificates: Presenting outdated certificates may conceal recent attachments or mortgages on the property record.
- Not paying ITBI before signing: The absence of tax settlement proof prevents the notary public from completing the execution of the public deed of purchase and sale.
- **Forgetting spousal consent (outorga conjugal):** The lack of a spouse's signature, depending on the marital property regime, can cause the annulment of the legal transaction Lei nº 10.406/2002 — Código Civil, art. 166.
- Delaying deed registration: Keeping the public deed of purchase and sale in a drawer without taking it to the Real Estate Registry leaves the property registered under the seller's name on the property record.
Legal basis
- Lei nº 10.406/2002 (Código Civil - Civil Code), art. 108 — Requirement of a public deed for transferring real estate valued above 30 minimum wages Lei nº 10.406/2002 — Código Civil, art. 108. Source: Planalto.
- Lei nº 10.406/2002 (Código Civil - Civil Code), art. 1º.245 — Inter vivos real estate ownership transfer occurs through the registration of title at the Real Estate Registry Lei nº 10.406/2002 — Código Civil, art. 1º.245. Source: Planalto.
- Lei nº 10.406/2002 (Código Civil - Civil Code), art. 215 — A public deed executed at a notary office constitutes full proof of acts performed before the notary Lei nº 10.406/2002 — Código Civil, art. 215. Source: Planalto.
- Lei nº 8.935/1994 (Lei dos Serviços Notariais e Registrais - Notary and Registry Services Law), art. 1º — Regulates notary and registry service activities to ensure publicity and legal security Lei nº 8.935/1994, art. 1º. Source: Planalto.
- Provimento CNJ nº 149/2023, Livro II — Establishes general rules regarding notarial and registry acts in Brazil Provimento CNJ nº 149/2023, Livro II. Source: Conselho Nacional de Justiça.
Frequently asked questions
What documents do you need to present to execute a public deed of purchase and sale?
You must present identification documents for the parties, an updated marriage or birth certificate, a certificate of real encumbrances on the property, a municipal tax clearance certificate, and proof of ITBI payment. If the property is rural, the notary office also requires the CCIR and CAR certificate.
When is a public deed of purchase and sale mandatory in real estate transfers?
A public deed of purchase and sale is mandatory for real estate transactions valued above 30 minimum wages in force in the country Lei nº 10.406/2002 — Código Civil, art. 108. The rule ensures the validity of the legal transaction and the protection of in rem rights for the involved parties.
How do property exchange and amicable partition work at a notary office?
In an exchange, parties trade real estate within the same notarial act, paying due taxes based on each asset's valuation. In an amicable partition, co-owners extinguish joint ownership over the property, dividing the land into autonomous shares by mutual consent.
Does the ITBI paid when executing a public deed of purchase and sale require additional payment upon registration?
If the municipal tax assessment is adjusted or if the local tax rate changes between the execution of the public deed of purchase and sale and its filing with the real estate registrar, the tax authority may require a complementary tax payment prior to registration.
What are the risks of using a private contract instead of a public deed of purchase and sale?
A private contract does not transfer ownership at the Real Estate Registry for assets valued above 30 minimum wages Lei nº 10.406/2002 — Código Civil, art. 108. The buyer remains exposed to seizures for debts of the previous owner, death of the seller, and inability to obtain property registration in their name.
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Editorial Team: 5º Tabelionato de Notas do Recife
Date of last legal review: October 12, 2026
Document version: 1.0
Notice: This content is strictly informative and educational, aimed at reducing information asymmetry for citizens. It does not replace individualized legal advice or document analysis conducted directly at a notary office for specific cases.