Registration of the building (averbação): how to regularize a house that does not appear on the property record (matrícula)?

It is a frequent surprise: someone builds a house, lives in it for years, but, when it comes time to sell or finance it, discovers that on paper, the house does not exist — the property record (matrícula) describes only the land. To the Real Estate Registry and to the bank, what is registered is an empty lot, not the building that is actually there.

The way to correct this is the registration of the building (averbação) — the act that "puts the house onto the property record". Without it, the property is irregular and cannot be formally sold or financed. In this guide, you will understand what the registration is, why it is so important, which documents are required (certificate of occupancy/habite-se, CNO, ART) and how to regularize — with a practical example.

What is the registration of the building (averbação)?

The registration of the building (averbação) is the registry act that makes the building — a house, an apartment block, an extension — appear on the property record (matrícula). It is provided for in art. 167, II, item 4, of the Public Registries Law (Lei 6.015/1973). In many cases, the land is duly registered, but the building erected on it was never registered — so, to the registry, the property is "just the land".

The registration corrects this gap between reality and the property record. After it, the property record begins to describe the property as it actually is: the land and the building. This is not a mere bureaucratic detail — it is what makes the property fit to circulate on the formal market, with security for those who buy, finance or take it as collateral.

Why is the registration (averbação) indispensable?

Leaving the building off the property record has concrete consequences:

• It prevents a formal sale: the buyer (and the Real Estate Registry) will see only the land; the sale "of the house" is not reflected in the registry.

• It prevents financing: banks require the building to be registered before granting real estate credit or accepting the property as collateral.

• It complicates probate and partition: an unregistered building makes the transfer of the property to the heirs more difficult.

• It creates tax issues: unregularized works may give rise to demands from the Federal Revenue Service and the city hall.

• It may give rise to fines: unlicensed buildings are subject to penalties and building regularization demands.

In short: a property with an unregistered building is worth less and moves poorly. The registration increases the value of the asset and brings it into compliance.

What documents are required to register a building (averbação)?

The registration depends, as a rule, on three documentation fronts:

• Certificate of occupancy (habite-se): the certificate of completion of the works, issued by the city hall, attesting that the building was completed in accordance with the approved plans and is fit to be inhabited.

• Regularization before the Federal Revenue Service: the enrollment of the works in the CNO (National Registry of Works, which replaced the former CEI registration) and the corresponding certificate, linked to the social security contribution on the construction.

• ART or RRT: the technical responsibility note (or record) of the professional in charge of the works.

With these documents, the registration at the Real Estate Registry of the location of the asset is requested. The exact list varies depending on the municipality and the type of works — in São Paulo, the municipal building legislation applies.

What if the works were carried out without a permit or without a certificate of occupancy (habite-se)?

This is the most common scenario in regularizations. Without a certificate of occupancy (habite-se), the building cannot be registered on the property record. So, before registering it, it is necessary to regularize the works before the city hall — approve what was built, settle any pending matters and obtain the certificate of completion.

In São Paulo, depending on the case, there are building regularization programs that allow buildings carried out without a permit or in disagreement with the plans to be regularized, within certain parameters. The exact path depends on the characteristics of the works (floor area, use, urban-planning compliance). That is why the registration, in these cases, starts at the city hall and only ends at the Real Estate Registry — and requires coordination between the technical professional in charge and the legal advisers.

Practical example: Dona Sônia's house

Dona Sônia bought a plot of land in São Paulo and, over the years, built a 120 m² house, where she lives with her family. She never regularized the works. Now, she wants to sell the property to buy a bigger one — and discovers that the property record describes only the land, without the house. The buyer, who intended to finance the purchase, cannot: the bank requires the building to be registered.

To regularize, Dona Sônia first has the building approved at the city hall and obtains the certificate of occupancy (habite-se) (taking advantage, in this case, of a regularization program). In parallel, she enrolls the works in the CNO and obtains the certificate from the Federal Revenue Service, and gathers the ART of the technical professional in charge. With everything in hand, she files the registration (averbação) at the Real Estate Registry. Once the registration is complete, the property record begins to describe the land and the house — and the property, now regular, can be sold and financed normally, at full market value.

The most common (and costly) mistakes

• Discovering the problem at the time of sale. Checking the property record beforehand avoids losing the buyer who needs financing.

• Building without a permit. Irregular works must be regularized at the city hall before registering them — which takes time.

• Forgetting the CNO/Federal Revenue Service. Without the social security regularization of the works, the registration cannot proceed.

• Not keeping the ART and the certificate of occupancy (habite-se). These are essential documents; without them, steps have to be redone.

• Underestimating the timeframe. Building regularization takes time; starting early avoids holding up a future deal.

Checklist: to register a building (averbação)

• Obtain the updated property record (matrícula) and confirm whether the building appears on it.

• Check the status of the works at the city hall (permit and certificate of occupancy/habite-se).

• Arrange the enrollment in the CNO and the certificate from the Federal Revenue Service.

• Gather the ART/RRT of the technical professional in charge.

• If the works are irregular, assess building regularization at the city hall.

• Rely on a Real Estate Law lawyer and a technical professional in charge to conduct the process.

Frequently asked questions about registration of the building (averbação)

What is registration of the building (averbação)?

It is the act that makes the building (house, apartment block, extension) appear on the property record (matrícula). Often the land is registered, but the building erected on it is not — to the Real Estate Registry, the property is still "just the land". The registration of the building corrects this, based on art. 167, II, item 4, of the Public Registries Law. It is indispensable in order to sell, finance or pledge the property as collateral, and so that the property record reflects what actually exists.

What documents are required to register a building (averbação)?

The main ones are: the certificate of occupancy (habite-se), issued by the city hall; the regularization of the works before the Federal Revenue Service, with enrollment in the CNO (National Registry of Works, which replaced the CEI registration) and the corresponding certificate; and the ART or RRT of the technical professional in charge. With these documents, registration is requested at the Real Estate Registry. The exact list depends on the municipality and the type of works — in São Paulo, the municipal building legislation applies.

What happens if the building is not registered (averbada)?

The property becomes irregular before the registry: the property record describes only the land, not the house. In practice, this prevents a formal sale, bank financing and the use of the property as collateral, and it also complicates probate and partition. It may also give rise to tax issues and, for unlicensed buildings, fines and demands from the city hall. Completing the registration increases the property's value and makes it fit to circulate on the formal market.

Do I need a certificate of occupancy (habite-se) to register the building?

Yes, as a rule. The certificate of occupancy (habite-se, also called certificate of completion) is the city hall document attesting that the works were completed in accordance with the approved plans and are fit to be inhabited. Without it, the building cannot be registered on the property record (art. 167, II, 4, of the LRP). If the works were carried out without a permit or without a certificate of occupancy, they must first be regularized before the city hall — in some cases, through building regularization programs — in order to then register them.

How do I register a building (averbação) in São Paulo?

First, the works are regularized at the city hall and the certificate of occupancy (habite-se) is obtained; in parallel, the works are enrolled in the CNO and the certificate is obtained from the Federal Revenue Service; and the ART/RRT of the technical professional in charge is gathered. With all the documentation, the registration request is filed at the Real Estate Registry where the property is located. In São Paulo, building regularization follows the municipal legislation and, depending on the case, specific programs. A lawyer and a technical professional in charge conduct the process.

Is it worth hiring a lawyer for the registration of the building (averbação)?

Yes, especially when the works were carried out without a permit, there are unapproved extensions, or there are pending matters before the city hall or the Federal Revenue Service. The registration involves coordination between the city hall (certificate of occupancy/habite-se), the Federal Revenue Service (CNO) and the Real Estate Registry (averbação), and each stage has its own requirements. A Real Estate Law lawyer in São Paulo coordinates the process, together with the technical professional in charge, identifies the regularization path and carries the registration through to the updated property record, leaving the property fit to sell or finance.

Putting the house onto the property record is what makes the property sellable

The registration of the building (averbação) resolves a common mismatch: the house exists in real life, but not in the registry. Regularizing it is what allows the property to be sold, financed and transferred with security — and what makes the asset worth its market value, rather than that of an empty plot of land.

The path goes through three doors — the city hall (certificate of occupancy/habite-se), the Federal Revenue Service (CNO) and the Real Estate Registry (averbação) —, and, when the works were carried out without a permit, it starts with building regularization. It is a process that rewards those who conduct it methodically and in good time.

At Falchet e Marques Sociedade de Advogados, a firm in São Paulo (Av. Paulista), we work in registration of the building (averbação) and property title regularization — coordinating, together with the technical professional in charge, the regularization at the city hall and the Federal Revenue Service and the registration at the Real Estate Registry, through to the updated property record. If the house on your property does not appear on the property record, it is worth regularizing before selling or financing.

Talk to our team on WhatsApp: +55 11 95901-1854 — and bring your property's building onto the property record.