Registration of Incorporation Memorial & Ground Rent

Context Note: This content describes Brazilian notary and real estate registry law.

Registration of Real Estate Incorporation Memorial and Ground Rent Regime

Registration of Real Estate Incorporation Memorial & Ground Rent

Learn how the registration of a real estate incorporation memorial works on ground rent property, land buyout, and Real Estate Registry requirements.

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Registration of Real Estate Incorporation Memorial and Ground Rent Regime

This article answers

• How does the registration of a real estate incorporation memorial work on ground rent properties?
• What does the indication of beneficial domain (domínio útil) on the property register mean?
• How to carry out the buyout of the ground rent (remição do foro) to obtain full ownership?
• What documents are required by the Real Estate Registry for incorporation on ground rent property?
• What happens if the developer does not register the real estate incorporation memorial?

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FAQ

How does the registration of a real estate incorporation memorial work on ground rent properties?

The registration of a real estate incorporation memorial on ground rent properties requires proof of ownership of the beneficial domain by the developer and settlement of emphyteutic obligations, such as the annual ground rent and transfer fee (laudêmio). The real estate registrar qualifies the documentation to ensure that construction and the future individualization of units comply with the existing ground rent regime.

What does the indication of beneficial domain on the property register mean?

The indication of beneficial domain (domínio útil) on the property register demonstrates that the holder possesses the rights to use, enjoy, and transfer the asset, while legal ownership (domínio direto) belongs to the landlord, such as the Federal Government, Municipality, or Church. In real estate, the beneficial domain holder can proceed with the registration of a real estate incorporation memorial provided legal and contractual emphyteusis requirements are met.

How to carry out the buyout of the ground rent to obtain full ownership?

The buyout of ground rent (remição do foro) occurs upon payment of the transfer fee (laudêmio) and consolidation fee set by the direct landlord, allowing the beneficial domain holder to acquire full ownership. After payment and issuance of the administrative term or buyout certificate, the interested party submits the document to the Real Estate Registry to record the consolidation of ownership on the property's record.

What documents are required by the Real Estate Registry for incorporation on ground rent property?

Required documents include the incorporation descriptive memorial, updated emphyteusis certificate, proof of payment of annual ground rent, certificate or authorization from the direct landlord with proof of transfer fee payment, tax clearance certificates, and municipality-approved building plans. Complete documentation must be submitted for registrational qualification at the competent Real Estate Registry Office.

What happens if the developer does not register the real estate incorporation memorial?

The absence of registration of a real estate incorporation memorial prevents the legal sale of future off-plan autonomous units. Failure to comply subjects the developer to administrative, civil, and criminal sanctions, and prevents opening individual property records (matrículas) for undivided shares at the Real Estate Registry Office.

Base legal

• lei_federal 10.406 2002 — Lei nº 10.406/2002 (Código Civil)
• provimento_cnj 149 2023 — Provimento CNJ nº 149/2023
• codigo 10.406 2002 — Lei nº 10.406/2002 — Código Civil
• lei_federal 8.935 1994 — Lei nº 8.935/1994
• lei_federal 14.382 2022 — Lei nº 14.382/2022

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