Putting a property in your name in Brazil: deed, ITBI and registration

You saved up, chose the property, agreed the deal and paid. You still need to check that the acquisition is properly documented and registered. In an ordinary sale, signing a contract or deed and paying are not enough: until registration, the seller remains the registered owner, although the buyer may have contractual and possessory rights.

Understanding these steps helps avoid an incomplete purchase. This guide explains ITBI, a deed or equivalent instrument, registration, costs and exceptions, with a hypothetical São Paulo example. Inheritance, gifts, adverse possession and other acquisitions have their own instruments and effects; inheritance and gifts, for example, require examination of ITCMD rather than simply applying the ITBI rules for a sale.

What are the steps to transfer a property into your name?

After reviewing the property documents and parties, an ordinary sale involves three coordinated workstreams, depending on the instrument:

• 1. Review ITBI: check incidence, tax base, relief and deadline. Municipal Law 11,154 article 12 provides for payment before a public instrument and generally within ten days for a private instrument. This administrative requirement differs from STJ case law linking the taxable ownership transfer to registration. Challenging a demand requires legal assessment, not simply ignoring the payment slip.

• 2. Execute the transfer instrument: obtain a public deed where required, or another instrument legally permitted in its place.

• 3. Register the acquisition: submit the instrument to the Real Estate Registry covering the property, satisfy requirements and check the updated matrícula.

It is the third step that actually makes you the owner. Skipping or postponing registration means leaving the transfer half done — with serious risks, as we will see.

What is the difference between the deed and registration?

A public deed is a document drawn up by a Brazilian notary to formally record the transaction with official authenticity. Registration of the acquisition is a different act, performed by the Real Estate Registry in the matrícula. It should not be called averbação: although both involve registry entries, they have different legal functions.

For an ordinary sale, the deed alone does not transfer ownership: the instrument must be registered (Civil Code article 1,245). Delay may expose the buyer to disputes over enforcement or another sale, but does not automatically transfer every seller debt to the buyer. Depending on the facts and evidence, STJ Súmula 84 allows a third-party objection to enforcement based on possession arising from an unregistered purchase commitment. This protection is not registered ownership and does not guarantee success in every dispute.

How much does it cost to transfer a property into your name in São Paulo?

A 4%–5% allowance is only an initial illustration, not a standard price. São Paulo city’s general ITBI rate is 3%, with special rules for certain operations. The base is normal cash-sale market value. The city still describes using the higher of price and municipal reference value, but the demand must be assessed against STJ Theme 1,113: the declared price benefits from a presumption rebuttable through the proper procedure, and a unilateral reference value is not an automatic floor.

Under CTN article 38 as amended by Complementary Law 227/2026, valuation also uses technical criteria, which must be disclosed, with a specific procedure for the taxpayer to submit a counter-valuation. Review the transaction date, municipal rules and applicable case law; the reform neither automatically validates every reference value nor guarantees taxation at the declared price. Add deed fees where required, registration and certificates under the applicable schedules. Article 290 of Law 6,015 reduces fees for acts relating to a first residential property purchase financed through SFH by 50% when the requirements are met; it is not an automatic ITBI reduction.

Is the public deed always mandatory?

Unless a legal exception applies, Civil Code article 108 requires a public deed for transactions involving real rights over property valued above thirty minimum wages. If the value does not exceed the threshold, a qualifying private instrument may be accepted. Dispensing with a deed does not dispense with registration needed to transfer ownership.

There are legal exceptions. Article 38 of Law 9,514/1997 permits a public deed or a private instrument with its effects for covered transactions, including financing with fiduciary security. This does not make every bank document registrable or prohibit a public deed. Mortgage financing also has specific regimes; a separate notarized deed is not universally required. Fiduciary security registration creates the lender’s defeasible ownership, so the buyer does not hold unrestricted title free of the security. Electronic deeds are available through e-Notariado, subject to jurisdiction, identity and signature rules.

Where is each step done in São Paulo?

A practical detail that confuses many people: each step has its own place.

• ITBI: payable to the municipality using its official declaration and payment channels; the deadline depends on the instrument and applicable regime.

• Deed: for in-person deeds, parties can select a notary acting within the limits of the delegation. For e-Notariado, National Rules Code article 302 ties jurisdiction to the property or acquirer’s domicile, with specific permitted choices.

• Registration: must necessarily be done at the Real Estate Registry of the area where the property is located — this one you cannot choose.

This division explains why the deed and the registration are often done at different registries — and why registration, the final and decisive step, depends on the location of the property.

Practical example: Bianca's purchase

Fictional example: Bianca buys a São Paulo apartment for R$ 500,000 without financing. She signs the contract, pays and receives the keys, but leaves the formal documentation and registration pending for several months. The matrícula still identifies the seller, so she needs to review the records and complete the transfer.

Assuming a R$ 500,000 tax base and a 3% rate, ITBI would be R$ 15,000. Bianca would execute the required deed and submit it to the competent Real Estate Registry. A purely illustrative total budget of R$ 21,000 for tax, fees and certificates equals 4.2% of the price. It is not a current quote or client outcome: actual amounts depend on schedules, acts and tax treatment. Once registration is completed she would appear as owner; future sales, financing or succession still have their own requirements.

The most common (and costly) mistakes

• Not registering the acquisition. This may leave the purchase incomplete and increase risks of third-party disputes.

• Thinking the contract is enough. The contract and the deed formalize the agreement, but they do not transfer ownership.

• Not checking documents beforehand. Review encumbrances, taxes, condominium charges, litigation and the seller’s situation, without assuming automatic transfer of every debt.

• Accepting an ITBI calculation without review. Check price, market data, procedure, relief and possible challenges under the applicable law and case law.

• Not budgeting the costs. Generic percentages do not replace individual tax and fee calculations.

Checklist: transferring a property into your name

• Check the certificates of the property and of the seller (property record, encumbrances, lawsuits, debts).

• Budget for ITBI, a deed where required, registration and certificates, checking relief and conditions.

• Check ITBI and obtain the payment slip or evidence of applicable relief or non-incidence, observing deadlines and the proper challenge procedure.

• Execute a deed or another legally accepted instrument; do not assume every financed purchase dispenses with a deed.

• Register the transfer instrument on the property record, at the registry for the property's location.

• In the case of financing, inheritance, or pending issues, rely on a real estate lawyer.

Frequently asked questions about transferring a property into your name

How do I transfer a property into my name?

For an ordinary sale, review the documents and ITBI, execute a public deed or another legally accepted transfer instrument, and submit it to the competent Real Estate Registry. Ownership passes upon registration of the instrument in the property record, or matrícula (Civil Code article 1,245), not merely upon payment or signature. Inheritance, gifts, adverse possession and other acquisitions require review of their own instruments, taxes and legal effects.

What is the difference between the deed and registration?

A public deed is the notarial document recording the parties’ agreement. Registration of the acquisition is a separate act by the Real Estate Registry in the matrícula and transfers ownership in an ordinary sale. In Brazilian terminology, registro and averbação are different acts. The instrument must be registrable and any requirements must be satisfied.

How much does it cost to transfer a property into your name in São Paulo?

Budget for ITBI, a deed where required, registration and certificates. São Paulo city’s general ITBI rate is 3%, with special cases. The base is market value, not an amount freely chosen or an unchallengeable municipal figure. STJ Theme 1,113 and CTN article 38, amended by Complementary Law 227/2026, require assessment of the applicable regime and procedure. A 4%–5% allowance is only an initial illustration, not a guaranteed quote.

Is the public deed always mandatory?

Unless a legal exception applies, Civil Code article 108 requires a public deed for transactions involving real rights over property valued above thirty minimum wages. Staying within that threshold does not dispense with other instrument and registration requirements. Article 38 of Law 9,514/1997 allows private instruments with public-deed effects for covered operations. Not every loan or bank document can be registered without review.

Where do I pay the ITBI and register the property in São Paulo?

ITBI is municipal and handled through the city’s official channels, according to the instrument and applicable requirement. São Paulo provides for payment before a public instrument; other instruments have their own deadlines, and advance collection must be distinguished from the registration-based taxable event for ownership transfers. Parties can select a notary for an in-person deed within legal limits; e-Notariado has specific territorial rules. Registration belongs to the district covering the property.

Do I need a lawyer to transfer a property?

An ordinary notarized sale does not generally require a lawyer. Advice can review ownership, encumbrances, debts, the contract and taxation, without guaranteeing that no dispute will arise. Probate, divorce and particular court or out-of-court procedures may require legal assistance. The rule for an ordinary sale cannot simply be extended to every type of transfer.

An ordinary sale is completed through registration

In an ordinary sale, transferring the property into your name does not end at signature: submit a registrable instrument, satisfy requirements and check the updated matrícula. This records the acquisition but does not make the property immune from encumbrances, litigation or the requirements of a later transaction.

Coordinating ITBI, the instrument and registration helps identify obligations before making commitments. Financing, inheritance and incomplete records require the correct tax, document and procedure, not a single sequence applied to every transfer.

At Falchet e Marques Sociedade de Advogados, in São Paulo (Av. Paulista), we advise on property purchases, sales and title regularization through document review, contract analysis and assistance with formalization and registration. The aim is to reduce risks according to the circumstances.

Talk to our team on WhatsApp: +55 11 95901-1854 — discuss the documents and checks for your transfer.