Property Certificates in Brazil: What Buyers Need to Check

How to Obtain Certificates of Clearance When Buying a Property in Brazil Property Certificates in Brazil: What Buyers Need to Check

The main concerns related to the property are unpaid taxes, claims against the property, and lawsuits (or possible lawsuits). Some of the certificates obtained at this stage will assess if taxes are paid to date. Other certificates will help you assess if the property has outstanding debts or disputes by third parties.

Reviewed by Luciano Oliveira, Esq., LL.M. · October 2026

1. Check the documents before you sign or pay

Certificates take different amounts of time to obtain. There is no single five-day deadline for all of them. Realtors may provide such certificates as part of their services.

Some sellers and realtors will want to provide you with the certificates only after the Purchase and Sale Agreement has been signed and the downpayment provided. Have a licensed Brazilian lawyer review the documents before you sign or pay.

The buyer can generally obtain public property records without the seller’s permission. Other documents may require the seller’s help.

Sources: Public Records Law, arts. 17–19

2. Main certificates related to the property

The actual list of certificates needed for a real estate transaction in Brazil will depend on the state where the property is located, the city, and the type of property. One checklist will not fit every purchase.

Your lawyer should check which documents the notary and property registry require. Buyers are free to ask for more certificates than this minimum. Don’t forget to check the sample list of seller-related certificates here.

Sources: Decree 93.240/1986, art. 1 · Law 13.097/2015, art. 54

Certidão de Ônus Reais: This certificate provides information about the property’s financial and legal status, like liens, mortgages, or other claims recorded against it.

A lien is a legal claim against the property, often linked to a debt. The certificate does not guarantee that the property is free from every claim.

Certidão de Inteiro Teor: This is a detailed extract of the property’s registration, providing information about its history, ownership changes, and other relevant data. It reproduces the matrícula — the property’s official record. Earlier records may be needed to understand its full history.

Certidão Negativa de Débito Municipal: This certificate covers local taxes such as IPTU (Urban Property Tax).

Given that rules can vary significantly from one city to another, check which taxes and property it covers, its date, and what it says. Having a certificate does not always mean there is no debt.

Sources: São Paulo: certificate scope and results

Certidão de Débitos Condominiais: Before buying a property, especially in a condominium, it’s essential to confirm there are no outstanding condominium fees. Ask the condominium manager for a current statement of monthly dues and other financial obligations, including extra charges approved for repairs or improvements.

A clear record is a good indication of the property’s financial standing within its community. But check its date and what it covers: the buyer may have to pay the seller’s unpaid condominium fees, fines, and interest.

Sources: Civil Code, art. 1.345

3. Permission to sign is not proof that it is safe to buy

Being allowed to sign does not mean it is safe to buy. Brazilian law allows certain property purchases to proceed without certificates showing lawsuits involving the seller. But those checks may still reveal problems worth knowing about before you commit your money.

Your lawyer should explain which checks matter for your purchase and what risks remain if you skip them. That includes who occupies the property, whether building work has the required approvals, and whether the documents are genuine and up to date.

Source: Law 13.097/2015, art. 54.

4. Watch what the deed says you accept

The public deed, called an escritura, is prepared by a notary’s office, or Tabelionato de Notas. It may say you agree to go ahead without certain seller certificates, accept the documents provided, or take responsibility for checking the risks. These words can affect what you are agreeing to take on.

The law allows some documents to be skipped. For example, a buyer may agree to proceed without certain property-tax certificates and become responsible for existing tax debts under the law. That does not make skipping the check safe. Nor does such wording automatically remove the notary’s own legal duties.

The version on signing day matters

Ask for a draft in advance, but do not assume it is the final version. Wording about missing certificates or accepting documents may be added or changed shortly before signing — even when everyone is already at the table.

Have your lawyer compare the document you will sign with the draft already reviewed. Do not sign a statement saying you received or accepted documents unless it accurately describes what happened and your lawyer has explained the consequences.

Pause if an important change has not been checked. Everyone being ready to sign is not a reason to accept an unexplained risk. This is why having your own Brazilian lawyer involved through the signing is so important.

Sources: Decree 93.240/1986, art. 1 §2 · Law 8.935/1994, arts. 1, 6 and 7.

Frequently asked questions

What are ‘Certidões Negativas’ in the context of Brazilian real estate?

‘Certidões Negativas’ are certificates confirming the absence of debts, liens, or other legal issues related to a property or individual within the records checked. They help you look for hidden problems, but they do not cover every possible risk.

Why are these certificates essential for foreign citizens buying property in Brazil?

For foreign citizens, these certificates offer an additional layer of security and transparency. They help identify debts or legal problems which might not be immediately evident. Brazilian buyers need these checks too.

Is the ‘Certidão de Débitos Condominiais’ always necessary?

It’s primarily needed for properties within condominiums. A current statement helps identify unpaid dues. The paper itself does not cancel a debt or protect you if the information is wrong.

Are property taxes covered in these certificates?

Yes, the ‘Certidão de Débitos de Tributos Imobiliários’ shows the tax information it covers. Read the result carefully: some unpaid property taxes can become the buyer’s responsibility.

Sources: Tax Code, arts. 130 and 206

Can a tax certificate be accepted even when a debt exists?

Yes. A certidão positiva com efeitos de negativa can be accepted as tax clearance even though a debt exists — for example, when the authorities’ right to collect it is temporarily on hold. This does not mean the debt has been paid. Ask your lawyer what remains unpaid and how it could affect you.

Sources: Tax Code, arts. 130 and 206

How does the ‘Certidão de Inteiro Teor’ help you understand a property’s history?

It offers a comprehensive view of the property’s past, including ownership changes recorded in that document. It does not tell you whether the building is in good condition or reveal everything outside the property records.

Are there certificates for properties outside condominiums regarding monthly dues?

While the ‘Certidão de Débitos Condominiais’ is mainly for condominiums, other properties might have maintenance or community fees. It’s always wise to check for any community-specific financial records. Ask your lawyer whether those fees are legally owed; the rules may differ from condominium fees.

Finally, with so many certificates, should I consult with a local legal expert?

Absolutely. Given the complexity and the importance of these certificates, especially for foreign citizens unfamiliar with Brazilian processes, having a licensed Brazilian attorney guide you can be invaluable in your transaction. Get that advice before signing or sending money. Collecting documents is only the start; you need to understand what they mean for your purchase.