How to transfer a property into your name? Deed, ITBI and registration explained step by step

You saved up, chose the property, closed the deal, and paid. What is missing is the most important part — and the one most people get wrong: putting the property in your name. Many people think that simply signing the contract or the deed and paying is enough to become the owner. It is not. Until there is registration, the property still legally belongs to the seller.

Understanding the right steps avoids the costliest mistake in the real estate market: postponing (or skipping) registration. In this guide, you will see, step by step, how to transfer a property into your name — the ITBI, the deed, and registration —, the crucial difference between deed and registration, how much it costs, and when the deed is mandatory. With a practical example in São Paulo.

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

Transferring a property involves, as a rule, three steps, in this order:

• 1. Pay the ITBI: the municipal Real Estate Transfer Tax is a condition for the following steps — it must be settled before the deed.

• 2. Execute the public deed: at the notary's office, the sale and purchase is formalized with public faith (when the deed is required — see below).

• 3. Register the deed: the deed is taken to the Real Estate Registry of the property's location, to be entered on the property record (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?

This is the most important distinction — and the most misunderstood. The public deed is the document, drawn up at the notary's office, that formalizes the sale and purchase agreement with public faith. Registration is the entry of that deed on the property record (matrícula), made at the Real Estate Registry.

The difference is decisive: the deed, on its own, does not transfer ownership — registration is what transfers it (art. 1,245 of the Brazilian Civil Code: "ownership between living persons is transferred through the registration of the transfer instrument at the Real Estate Registry"). "Whoever does not register is not the owner." For this reason, after executing the deed, it is essential to register it: until that happens, the seller remains the owner on paper — and the property may be seized for the seller's debts, or even resold.

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

The total costs generally amount to 4% to 5% of the property's value. The largest item is the ITBI: in the city of São Paulo, the rate is 3% (Municipal Law 11.154/1991), calculated on the higher of the transaction price and the City's reference market value (valor venal de referência) — so, in high-value areas, the tax may fall on an amount higher than the one paid.

Added to this tax are the fees: those for the deed, at the notary's office, and those for registration, at the Real Estate Registry — both set by an official schedule and proportional to the value of the asset —, plus the certificates. For this reason, it is worth budgeting these expenses in advance of closing the deal, so as not to be caught off guard. In some cases (a first home under the housing system), there are reductions in the registry fees.

Is the public deed always mandatory?

As a rule, yes, for properties worth more than 30 minimum wages (art. 108 of the Brazilian Civil Code) — which covers the vast majority of properties. Below that value, transfer by private contract is allowed.

There are important exceptions. In fiduciary alienation (alienação fiduciária) (the most common form of real estate financing), there is no public deed: the bank's own contract is registered directly on the property record. In financing with a mortgage, the bank takes part in the deed as an intervening party. And, since 2020, the deed can also be executed digitally, through the e-Notariado platform. If you have doubts about your case, it is worth checking with a lawyer or at the registry.

Where is each step done in São Paulo?

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

• ITBI: paid to the City — the payment slip is issued by the registry, the bank, or on the City's portal —, before the deed.

• Deed: can be drawn up at any notary's office, including in another city (you choose).

• 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

Bianca bought an apartment in São Paulo for R$ 500,000, paid in full. Happy, she signed the sale and purchase agreement, paid the seller, and received the keys — and, for months, thought "everything was settled." But the property was still in the seller's name: the formal steps were missing.

To regularize it, Bianca paid the ITBI (3% on R$ 500,000 = R$ 15,000, given that the reference market value was not higher), executed the deed at a notary's office, and then registered the deed on the property record, at the Real Estate Registry of the apartment's neighborhood. Adding fees and certificates, the total cost came to around R$ 21,000 (about 4% of the value). Only after registration did Bianca actually become the owner — able, in the future, to sell, finance, or pass on the property as an inheritance with security. Had she postponed registration, she would have run the risk of the property being seized for a debt of the seller.

The most common (and costly) mistakes

• Not registering the deed. The most serious mistake: without registration, you are not the owner, and the property may be seized or resold.

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

• Not checking certificates beforehand. Debts of the seller and of the property (IPTU, condominium fees, lawsuits) may fall on the buyer.

• Calculating the ITBI only on the price. In SP, the base is the higher of the price and the reference market value.

• Not budgeting the costs. The expenses (4% to 5%) must be factored into the purchase.

Checklist: transferring a property into your name

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

• Budget the costs (3% ITBI in SP + deed + registration + certificates).

• Pay the ITBI and issue the payment slip before the deed.

• Execute the deed at the notary's office (or register the bank's contract, if it is financing).

• Register the deed 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?

As a rule, there are three steps: (1) pay the ITBI, the municipal transfer tax; (2) execute the public deed of sale and purchase at the notary's office; and (3) register that deed on the property record (matrícula), at the Real Estate Registry where the property is located. Only registration transfers ownership (art. 1,245 of the Brazilian Civil Code). Without it, even after paying and signing everything, you are still not the formal owner of the property.

What is the difference between the deed and registration?

The public deed is the document, drawn up at the notary's office, that formalizes the sale and purchase agreement with public faith. Registration is the entry (averbação) of that deed on the property's record (matrícula), at the Real Estate Registry. The difference is decisive: the deed alone does not transfer ownership — registration is what transfers it (art. 1,245 of the Brazilian Civil Code). For this reason, after executing the deed it is essential to register it; otherwise, the seller remains the owner on paper.

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

The costs generally total 4% to 5% of the property's value. The largest item is the ITBI, which in the city is 3% (Municipal Law 11.154/1991), calculated on the higher of the price and the City's reference market value (valor venal de referência). Added to this are the fees for the deed at the notary's office and for registration at the Real Estate Registry, both set by an official schedule and proportional to the value, plus the certificates. It is worth budgeting before closing the deal.

Is the public deed always mandatory?

As a rule, yes, for properties worth more than 30 minimum wages (art. 108 of the Brazilian Civil Code) — which covers the vast majority of properties. Below that value, a private contract is allowed. There are also exceptions, such as financing with fiduciary alienation (alienação fiduciária), in which the bank's own contract is registered directly, dispensing with the public deed. When in doubt, it is worth checking with a lawyer or at the registry whether your transaction requires a deed.

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

In São Paulo, the ITBI is paid to the City (the payment slip is issued by the registry, the bank, or on the City's portal) and must be settled before the deed is executed. The deed can be drawn up at any notary's office, including in another city. Registration, however, must necessarily be done at the Real Estate Registry of the area where the property is located. Since 2020, the deed can also be executed digitally, through the e-Notariado platform.

Do I need a lawyer to transfer a property?

It is not mandatory, since the notary conducts the execution of the deed. But the support of a lawyer is highly recommended, especially when there is financing, inheritance, divorce, an unregistered purchase agreement (contrato de gaveta), or any pending issue in the documentation. The lawyer checks the certificates of the property and of the seller (to avoid fraud and debts that could fall on the asset), reviews the contract, and ensures that the transfer is secure — protecting what is, for most families, their largest investment.

Without registration, there is no ownership

The central lesson is simple and worth repeating: transferring a property into your name does not end with the contract or the deed — it ends with registration. Registration is what transfers ownership and makes the property truly yours, with the security of being able to sell it, finance it, and pass it on in the future.

By knowing the three steps — ITBI, deed and registration — and their costs, you carry out the transfer with peace of mind and no surprises. And when there is financing, inheritance, or any pending issue in the documentation, reviewing certificates and obtaining legal guidance protect what is, for most families, their largest investment in life.

At Falchet e Marques Sociedade de Advogados, a firm in São Paulo (Av. Paulista), we work in buying, selling, and property title regularization — checking certificates, reviewing contracts, and handling the transfer from deed to registration, securely. If you are going to buy, sell, or transfer a property, it is worth doing it with proper support.

Talk to our team on WhatsApp: +55 11 95901-1854 — and transfer your property securely, from the ITBI to registration.