Recording a building in Brazil: updating the property record (averbação)
Recording a building by averbação: purpose, municipal, tax and technical documents, exemptions and updating the property record. Based on art. 167 of Law 6,015/1973.
Recording a building by averbação updates the property record to include construction or an extension (Brazilian Law 6,015/1973, article 167(II)(4)). An omitted entry may hinder negotiations and financing, but does not make every sale impossible. Municipal documents, tax status and technical responsibility are generally examined, with exceptions such as the specific habite-se waiver in article 247-A.
Someone may build a house and live there for years before finding that the property record still describes only land or a smaller building. The house physically exists, but the registered description is outdated. This should be disclosed and assessed before a sale, financing or probate division; the building is not legally nonexistent for every purpose.
The way to update that description is averbação de construção, the Brazilian registry entry for a building or extension. This guide explains its role, usual municipal, tax and technical documents, exceptions and the São Paulo procedure through a fictional example. The entry does not replace ownership checks or resolve every irregularity.
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 (Law 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".
Averbação brings the registered description closer to the proven construction. It can record an entire house or an extension to an existing building. It is not registration of a purchase, approval of land use or subdivision, or certification that the building is defect-free; those require separate checks.
Why keep the building description up to date?
Leaving the building off the property record has concrete consequences:
It may hinder a sale: outdated descriptions can cause registry requirements, contractual risks or a need for prior regularization, without a universal prohibition on transfer.
It may block the intended loan: lenders usually check that records match the building, under the relevant product and assessment. Averbação does not ensure approval.
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.
An updated description helps identify what is being sold and may reduce obstacles to contracting. Appreciation is not guaranteed, and a house without averbação is not always worth only the land: price, lending and acceptance depend on the circumstances and the relevant assessment.
What documents are required to register a building (averbação)?
The registration depends, as a rule, on three documentation fronts:
Municipal document: the applicable habite-se, completion or regularization certificate, or proof of exemption. Names and effects depend on the procedure.
Construction tax status: check CNO, the works register that replaced CEI for construction, and Sero assessment where required. CND and CPEND have equal legal value for averbação; registration alone does not pay contributions. Exemptions from registration, tax and certification are different and require a legal basis.
ART or RRT: the technical responsibility note (or record) of the professional in charge of the works.
Also assemble the application, identity records, matrícula and other required documents. The Real Estate Registry covering the property examines the request and may require more evidence. Requirements depend on the building, municipal and registry rules, and any statutory exemption; CNO does not replace a tax certificate or municipal approval document.
What if the works were carried out without a permit or without a certificate of occupancy (habite-se)?
Unlicensed works need technical and planning assessment; not every building can be approved, and alterations may be necessary. Yet habite-se is not invariably required for averbação: Public Registries Act article 247-A waives it for an urban, single-family, single-storey residence completed more than five years ago in an area predominantly occupied by low-income residents. All conditions require proof. This registry-document waiver is not automatic building approval or a blanket tax exemption.
São Paulo Law 17,202/2019 covers certain buildings completed by July 31, 2014, subject to its conditions. Decree 59,164 article 33, in the official version checked on September 5, 2026, gives August 30, 2026 as the filing deadline under Decree 65,148/2026. Do not present that elapsed window as open: check later changes, existing applications, automatic regularization and any available ordinary route. Eligibility depends on area, use and planning conditions, not simply paying fees.
Practical example: Dona Sônia's house
Fictional example: Sônia buys land in São Paulo and builds a 120 m² house for her family without updating the records. When she plans to sell to buy a larger home, the matrícula still describes only land. Suppose the prospective buyer’s lender requires averbação for this loan: the transaction remains pending that step.
Sônia needs to establish whether the building qualifies for regularization and which municipal document applies, without assuming access to an exceptional programme. She also checks Revenue Service registration and obligations, technical documents and any exemptions. If the requirements are met, she applies for averbação and obtains a record of the land and 120 m² house. This may remove one lender requirement, but credit approval, completion of the sale and price remain separately assessed.
The most common (and costly) mistakes
Discovering the problem at sale. An earlier check can identify requirements that might delay or prevent the transaction.
Building without a permit. Alterations and municipal regularization may be required; the specific registry-document waiver does not legalize all works.
Ignoring Revenue Service requirements. Check the applicable registration, assessment, contributions and certificate, or evidence of an exemption.
Not retaining technical and municipal documents. Obtaining copies and proving the facts may require additional work.
Underestimating time. Requirements and alterations may take time; organize records before negotiating.
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).
Check CNO, Sero and CND/CPEND where required, or establish the exemption.
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)?
Averbação records a building or extension in the property record (matrícula), under Brazilian Public Registries Act article 167(II)(4). It updates a description that may show only land or an older built area. It is not registration of the purchase and does not, by itself, legalize use, construction or subdivision. It matters for sales, financing and security, but its absence does not make every possible transfer legally impossible.
What documents are required to register a building (averbação)?
Requirements depend on the building and procedure. They generally include an application, property and identity records, an appropriate municipal completion or regularization document (or evidence of an exemption), technical data and ART/RRT where applicable, and the required tax status evidence. CNO is a works register, not tax clearance: Sero assessment, a return and a CND or CPEND certificate may be required, subject to legal exemptions. Confirm the list with the competent Real Estate Registry.
What happens if the building is not registered (averbada)?
The property record may not match the building, causing registry requirements, valuation difficulties and obstacles to lending or negotiation. Probate documents should disclose the building; it should not be omitted or assumed that inheritance failed to pass. Unlicensed works or debts may require separate regularization. Recording the building does not guarantee a loan, a higher price or correction of every defect.
Do I need a certificate of occupancy (habite-se) to register the building?
An appropriate municipal document is generally required, but there are exceptions. Public Registries Act article 247-A dispenses with habite-se for an urban, single-family, single-storey residential building completed more than five years ago in an area predominantly occupied by low-income residents. All conditions require proof. Dispensing with this document for the registry entry is not a blanket tax exemption or automatic approval of any works.
How do I register a building (averbação) in São Paulo?
Compare the property record, plans and actual building; check permits, the appropriate municipal document, technical responsibility and Revenue Service obligations. Arrange CNO/Sero and a certificate when required, or establish the exemption. File with the competent Real Estate Registry, respond to requirements and check the final record. Municipal programmes have specific conditions and deadlines: do not assume an exceptional application window remains open or that every building can be approved.
Is it worth hiring a lawyer for the registration of the building (averbação)?
Advice can help with unlicensed works, extensions, area discrepancies, registry requirements or tax issues. A lawyer examines the legal route and coordinates with the qualified technical professional, without replacing plans, reports, ART or RRT. A lawyer is not compulsory for every ordinary averbação application. Engagement does not guarantee approval, appreciation or bank lending.
Update the property record and assess other outstanding issues
Averbação documents the building in the matrícula and helps align the record with technical and municipal evidence. It does not by itself resolve every legal issue or secure a particular price or loan. Identifying the precise problem helps plan the remaining work before making new commitments.
The procedure usually involves the municipality, Federal Revenue Service and Real Estate Registry. Distinguish CNO registration, Sero assessment and tax certification, as well as completion documents, regularization certificates and evidence of exemptions. Coordinated planning can help avoid incomplete applications and unnecessary steps.
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 — discuss the documents and procedure applicable to your building.