Property title regularization: how to bring the documentation up to date, from the occupancy permit (habite-se) to REURB, and how much does it cost?

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Many people discover that their property "is not in order" at the worst possible moment: when it is time to sell, to finance or to handle the probate. The house was expanded and the area in the property record was never corrected; the townhouse has an extra floor that was never recorded; the lot was bought in a subdivision that was never registered; the small farm changed hands several times through an unregistered purchase agreement (contrato de gaveta). In all of these cases, there is a real, occupied and valuable property — but documentation that does not keep up with reality.

That gap between what exists in the world and what is written at the Real Estate Registry Office is what regularization resolves. And it is not a bureaucratic luxury: it is what separates an asset that circulates (can be sold, given as security, financed, partitioned) from an asset that stays locked, worth less than it could be and generating risk for whoever occupies it. The cost of not regularizing rarely shows up on an invoice — it shows up in the discount the buyer demands, in the financing the bank denies and in the probate that gets stuck.

In this guide, you will understand what it means to regularize a property, what the most common irregularities are and the right instrument for each one: the construction recording and the occupancy permit (habite-se), the boundary/area rectification, the REURB (with its Reurb-S and Reurb-E categories) and the georeferencing of rural property. At the end, an example with numbers, the most common and costly mistakes, and a practical checklist. The goal is simple: that you know where to start and what to expect from each path.

What does it mean, in practice, to regularize a property?

To regularize a property is to make its legal situation — what appears in the property record at the Real Estate Registry — coincide with its actual situation, both physical and in terms of use. The property record is the property's "identity certificate": it describes where it is located, how large it is, what is built on it and who the owner is. When any of those data points is wrong, incomplete or missing, the property is irregular — even if no one disputes that it is yours.

A documentary defect does not necessarily mean that the occupier is not the owner, but neither does it prove ownership. In some cases there is an existing title to update; others involve unlawful building work, public land or someone else’s property. Regularization can concern the description alone or first require a purchase, probate, compulsory-transfer or adverse-possession title, depending on the requirements of each route.

Consistent documents make it easier to assess a property for sale, financing, security or inheritance. They do not oblige a bank to grant credit or guarantee a particular price. Defects may deter buyers, change offers or complicate probate. Regularization is therefore an asset-management decision as well as a registry matter: viability, cost and expected benefits need to be compared.

The most frequent irregularities fall into a few families: unrecorded construction (the building exists, but the property record describes only the land); discrepancy in area or boundaries (the property record does not match what was measured); subdivision or partition without registration (the lot was sold, but the subdivision was never formalized); informal occupation of urban settlements (without title of ownership); and, in the countryside, lack of georeferencing and registration. Each of these families has its own instrument — and that is why the diagnosis is the most important stage.

How does the construction recording work (and why does the occupancy permit matter so much)?

This is, by far, the most common irregularity — and the most underestimated. When a plot of land is registered and a house, a townhouse or a building is then built on it, the construction does not "enter" the property record automatically. A specific act is needed: the construction recording, which causes the building to officially appear in the property's registration.

For an initial view of possession and title, use the adverse possession check; its guidance depends on the answers provided and must be checked against the documents.

The property regularization diagnosis can help identify which documentary issue needs further assessment.

Until that is done, the record may describe only the land or an earlier building. The description is outdated; the building has not ceased to exist legally. A bank or buyer may require correction, request further information or decline the transaction, depending on the circumstances. The land register, municipal IPTU records, insurance information and probate documents serve different purposes and do not update one another automatically.

The recording is usually supported by a habite-se, certificate of completion or equivalent document issued under municipal building rules. Article 247-A of the Public Registries Law provides a specific exemption: an urban, single-family, single-storey home completed more than five years earlier in an area occupied predominantly by low-income residents. Outside that or another applicable exception, the municipal position, approved plans and required documents should be checked before seeking the registry annotation. The exception does not cover every single-family building or dispense with all safety and technical requirements.

The project’s tax and social-security documentation must also be examined, including the certificates and exemptions actually applicable to the act. A specific simplification does not forgive taxes or remove every technical and tax duty. The essential task is to identify the requirements of the case: absence of a habite-se is not an absolute bar where a legal exception applies, and obtaining one does not itself update the property record.

What is boundary/area rectification and when does it resolve the discrepancy in the property record?

It is very common for the area or boundaries described in the property record to not correspond to what the property actually has. The property record says 250 m², the survey shows 280 m²; the old memorial describes the boundaries imprecisely ("up to the water channel," "up to the neighbor's fence"), and no one knows for sure where the land ends. For this there is the registry rectification, provided for in articles 212 and 213 of the Public Registries Law (Law 6.015/1973, as worded by Law 10.931/2004).

Rectification can be done in two ways. The administrative route, at the Real Estate Registry Office itself, is the rule today: the interested party submits a survey plan and descriptive memorial signed by a qualified professional (engineer or surveyor, with an ART at CREA, or architect, with an RRT at CAU) and, generally, with the consent of the adjoining owners (the neighbors whose boundaries are touched). If an adjoining owner does not sign, they are notified to respond; if there is a reasoned challenge, a period is opened for agreement and, without a solution, the registrar refers the case to the competent judge.

Rectification corrects the description within the title’s boundaries; it does not acquire outside land. An increase in measured area can be recorded through this route only if the survey and title establish that it already belongs within those boundaries. Acquiring someone else’s private land requires a suitable route, such as purchase or adverse possession where its conditions are met. Streets and other public property cannot be acquired by adverse possession under articles 183(3) and 191, sole paragraph, of the Brazilian Constitution.

Law 14.382/2022, which created the Electronic System of Public Registries (SERP), also touched on this procedure, improving rules on pre-notation and on the use of titles during the analysis of the rectification. In practice, a well-prepared rectification — with the correct technical survey and the adjoining owners in agreement — is one of the most efficient paths to regularization.

What is REURB and who can use it?

When the irregularity is not that of an isolated property, but of an entire settlement — a subdivision that was never registered, a village formed over decades, a cluster of houses without documentation —, the instrument is REURB: Urban Land Regularization (Regularização Fundiária Urbana), governed by Law 13.465/2017 and regulated by Decree 9.310/2018.

REURB combines legal, planning, environmental and social measures to incorporate informal urban settlements into the territorial framework and recognize the rights available to occupants. The instrument used determines the right: not every REURB procedure confers immediate ownership. The municipality assesses the application, approves the project and issues the Land Regularization Certificate (CRF), subject to the applicable powers and requirements.

The final step takes place at the Real Estate Registry Office: once the CRF is registered together with the approved project, a property record is opened for each regularized property unit, and the occupants receive their real rights. The phases of the procedure are defined by law (art. 28): application, administrative processing (with statements from the holders of rights and the adjoining owners), preparation of the project, remediation, decision of the authority and, then, the CRF and the registration.

Under article 14, applicants can include public authorities, beneficiaries individually or through associations, owners, subdividers and developers, the Public Defender’s Office and the Public Prosecutor’s Office. Land legitimation is an original acquisition subject to article 23, including the requirement that the consolidated settlement existed on December 22, 2016. Legitimation of possession does not apply to public land; it may convert into ownership five years after registration if article 183 of the Constitution is satisfied, or through an application meeting the relevant adverse-possession requirements in other cases. The legislation also provides for urban demarcation, the real right to a separate overlying or underlying unit (direito real de laje), and the article 69 route known as Reurb Inominada for urban subdivisions established before December 19, 1979 and integrated into the city.

A relevant tax point: when ownership is acquired through land legitimation, it is an original form of acquisition — the same nature as adverse possession (usucapião) — which excludes the levy of ITBI on that act. It is one more reason why the correct categorization of the regularization has a direct effect on the wallet.

Reurb-S and Reurb-E: what is the difference that changes the bill?

Law 13.465/2017 divides REURB into two categories (art. 13), and the difference between them determines, above all, who pays the bill:

• Reurb-S (of Social Interest): applies to settlements occupied predominantly by low-income residents, as classified by the municipal executive. Registry acts covered by article 13, paragraph 1, are free for beneficiaries. This does not exempt every tax, technical service or private legal fee. Statutory responsibilities for the project and infrastructure must also be assessed.

• Reurb-E (of Specific Interest): covers the remaining cases. Potential beneficiaries or private applicants generally commission and fund the process, subject to the specific rules for the project and public land. Obtaining a particular real right can involve payment, depending on the instrument used.

It is essential to understand that the category is not a free choice of the resident. Whoever classifies the settlement as of social or specific interest is the Municipality, based on socioeconomic criteria. This classification defines the applicable exemptions, the urban-planning relaxations and the costs — therefore, before starting, it is worth confirming which category the case falls into, because that changes the budget and the path.

And the subdivision? How to regularize lots and land subdivision

Buying a lot in a subdivision that was never registered is one of the most frequent origins of an irregular property. Urban land subdivision — dividing a tract of land into lots, with streets and infrastructure — is governed by Law 6.766/1979, which requires the approval of the project by the municipal authority and the registration of the subdivision at the Real Estate Registry Office. Only after that registration does each lot acquire its own property record. Without it, the buyer has a contract, but not an individualized property in the registry — and cannot finance, give as security or transfer it securely.

When the subdivision is old and was never registered, there are specific paths. For tracts of land subdivided for urban purposes before December 19, 1979, implemented and integrated into the city, Law 13.465/2017 provides the Unnamed Reurb (Reurb Inominada) (art. 69), which regularizes the registry situation of the subdivision. For more recent and irregular subdivisions, one usually resorts to REURB proper, conducted by the Municipality.

Law 13.465/2017 introduced the condominium of lots, governed by article 1,358-A of the Civil Code, combining individually owned lots with common areas. It remains subject to planning and registration requirements: adopting that label does not automatically regularize an unlawful subdivision. Article 37 of Law 6.766/1979 also prohibits selling or promising to sell a parcel in an unregistered subdivision. A private agreement or cash payment does not remove that prohibition.

How is rural property regularized and when is georeferencing required?

Rural property has an additional layer of requirements. The main one is georeferencing, created by Law 10.267/2001 and regulated by Decree 4.449/2002. To georeference is to describe the property by precise geodesic coordinates, with a survey plan and descriptive memorial signed by a qualified professional and certified before INCRA — today, through the SIGEF system (Land Management System), which verifies that the property does not overlap with another already registered.

Decree 12.689/2025 set October 21, 2029 as the start of the georeferenced identification requirement for division, subdivision, merger and transfer under article 10 of Decree 4.449/2002. It is therefore incorrect to claim that every rural transfer in 2026 is barred without certification. The particular act, existing records and other legal requirements must be checked. SIGEF technical certification does not itself recognize ownership or resolve every boundary dispute; incorporating its information into the property record requires the relevant registry assessment. The postponement is not a general waiver for court proceedings: article 225(3) of the Public Registries Law and article 2 of Decree 5.570/2005 have separate rules, requiring identification immediately, regardless of area, for actions filed from that decree’s publication; earlier actions follow the transition rule.

Beyond the registry dimension, rural property involves the cadastral and the environmental dimensions. In registration, there is the CCIR (Rural Property Registration Certificate, with INCRA) and the tax registration with the Federal Revenue (ITR). In environmental terms, there is the CAR (Rural Environmental Registry), required by the Forest Code, in which the permanent preservation areas and the legal reserve are declared. Regularizing a rural property, therefore, means coordinating three fronts at the same time — and it is frequent for one to block another if done out of order.

And when the problem is that I am not even the owner in the registry?

Some cases concern resolving ownership, not merely updating documents. An old unregistered purchase agreement, prolonged possession, a deceased registered owner and a dissolved seller company present different issues. An ordinary deed, probate, compulsory transfer and adverse possession should be compared against the chain of rights and available documents. Out-of-court adverse possession, explained on our dedicated page, is an option when its requirements are established; it is not an automatic consequence of any of these situations.

Regularization is a broad objective; adverse possession is one method of acquiring ownership through possession that meets legal requirements. Some cases need title resolved first; others require technical identification before acquisition acts can proceed. Recording, rectification and acquisition can be combined, but they are not interchangeable. A diagnosis establishes the sequence and avoids treating a deceased registered owner or a purchase without a deed as automatic proof of adverse possession.

A related path is compulsory adjudication for those who bought (with a contract and full payment) but never received the final deed — today also possible through the out-of-court route. Knowing how to distinguish adverse possession, compulsory adjudication and mere rectification is what determines the success (and the cost) of regularization.

How to avoid buying an irregular property?

Regularizing costs time and money — and the best deal is usually not to buy a problem. Before closing the acquisition of any property, a few verification precautions prevent inheriting someone else's irregularity:

• Up-to-date property record certificate: read what it describes and check whether the building is recorded, whether the area matches reality and who the owner is — cross-referencing with the certificates of encumbrances and of lawsuits.

• Occupancy permit (habite-se) and approved project: confirm, with the municipal authority, that the construction is regular and was completed in accordance with the approved project.

• Registered subdivision: if it is a lot, verify whether the subdivision was approved and registered and whether the lot has its own property record.

• Rural property: check georeferencing (SIGEF/INCRA), CCIR and CAR before signing.

• Sellers' certificates: to rule out the risk of fraud against creditors or fraud against enforcement that could reach the property after the purchase.

Finding a defect before signing allows the transaction and allocation of responsibilities to be assessed with better information. Document review can reduce risk, but is not insurance and does not guarantee the absence of litigation. The contract should identify missing documents, who will obtain them, anticipated costs, and the conditions under which the transaction can proceed or be terminated.

How much does it cost and how long does it take to regularize a property?

There is no single figure, because "regularization" covers very different situations. But it is possible to give an order of magnitude for the cost components that usually appear:

• Technical services: topographic survey, survey plan and descriptive memorial (engineer, architect or surveyor), with an ART/RRT. It is one of the largest items, especially in rectification and georeferencing.

• Municipal fees: project approval, regularization of the works and issuance of the occupancy permit (habite-se), with the municipal authority.

• Registry fees: recording, rectification and registration are charged under the applicable act, assessment basis and state fee schedule. In Reurb-S, identify the acts that are free by law instead of treating every expense as exempt.

• Taxes, where applicable: ITBI may arise on transfers for consideration. Merely correcting the description or acquiring ownership originally does not itself trigger that tax, but other construction or property tax obligations can remain.

• Attorney's fees: for the diagnosis and the conduct of the procedure.

As for the timeline, a recording with complete municipal documentation differs from a rectification requiring a survey, notices or objections. REURB may also require a project, infrastructure and collective administrative decisions. Depending on the case, the process can take weeks, months or years; this is not a promised deadline. Planning should distinguish preparation, review, additional requirements and registration, rather than treating one act’s deadline as the duration of the entire procedure.

A concrete example: the Andrade family's townhouse, in Vila Mariana

To make everything concrete, imagine a typical São Paulo case (an illustrative example, with round numbers). The Andrade family has a townhouse in Vila Mariana. The property record describes only the 180 m² plot and an old single-story house; except that, over the years, the house was demolished and rebuilt as a two-story townhouse, with 220 m² of built area, and the land, when measured, turned out to be 195 m² — not the 180 m² in the registry.

When they decide to sell for R$ 1.2 million, the problem appears in the buyer's bank review: the construction is not recorded and the area diverges. The financing is denied, the buyer pulls back, and the only proposal left is from a cash investor, offering R$ 980 thousand "because of the paperwork" — a discount of about R$ 220 thousand.

The plan must establish, according to the diagnosis: (1) whether the municipal authority can regularize the building and issue the required habite-se; (2) which demolition and construction annotations are needed; and (3) whether the area can be corrected from 180 m² to 195 m² because the additional 15 m² already lie within the title’s boundaries. Technical plans and reports with an ART or RRT, and participation or notification of adjoining right holders, must follow the law. The sequence can change if one act depends on another. A purely illustrative budget of R$ 25,000–R$ 40,000 for technical services, taxes, fees and legal work is neither a firm quotation nor a promise of completion within a few months.

If the procedure confirms and allows a 220 m² two-storey house on a 195 m² plot to be recorded, a documentary discrepancy will have been resolved. Financing still depends on the bank’s criteria and other transaction conditions; the price depends on negotiation and the market. The example’s R$ 220,000 difference compares an asking price with a hypothetical offer, not a proven loss or guaranteed return. Regularization costs should be assessed against expected risks and benefits, without promising a multiple return on the expense.

Most common (and costly) mistakes in property regularization

In practice, the same mistakes recur and cost dearly:

• Leaving regularization for the time of sale or probate. That is when the problem becomes urgent — and urgency costs a discount. An early diagnosis helps with planning, but does not guarantee a lower cost in every case.

• Confusing rectification with adverse possession (usucapião). Trying to "annex" area outside the title through rectification leads to denial. Area from outside requires acquiring ownership, not correcting the registry.

• Building and never recording. The works exist, they do increase the value of the property, but they do not appear in the property record — and, for the bank and the buyer, what is not in the registry does not count.

• Buying a lot in an unregistered subdivision relying only on the contract. Without the registration of the subdivision, the lot has no property record of its own, and subsequent regularization can be long and expensive.

• Ignoring georeferencing in the countryside. The 2029 deadline does not remove other registry, tax or environmental requirements; the particular act should be examined before contracting.

• Starting the wrong procedure. Starting a REURB when the case was one of simple rectification (or vice versa) wastes months. The initial diagnosis is what avoids this waste.

• Underestimating the consent of the adjoining owners. In rectifications, the neighbors' agreement speeds everything up; the lack of it, poorly handled, turns an administrative procedure into court litigation.

Checklist: where to start regularizing your property

• Obtain the property's up-to-date property record certificate and read what it actually describes (land, construction, area, boundaries, owner).

• Compare the property record with reality: is the construction recorded? Does the area match? Do the boundaries check out? Is there a registered subdivision?

• Gather the documents for the works: approved project, occupancy permit (habite-se) (or what is missing to obtain it) and survey plans.

• For an area discrepancy, hire a topographic survey and identify the adjoining owners who will need to consent.

• If the property is rural, check georeferencing (SIGEF/INCRA), CCIR and CAR.

• If the occupation is informal or the settlement has no registration, check the possibility of REURB with the municipal authority and the applicable category (S or E).

• Check whether ownership really is yours in the registry — if it is not, assess adverse possession (usucapião) or compulsory adjudication before regularizing the documentation.

• Carry out the legal diagnosis with a Real Estate Law attorney before starting any procedure, in order to choose the right path and the right order of acts.

Frequently asked questions about property title regularization

What does it mean to regularize a property?

Regularization means resolving documentary, registry, planning or ownership defects. It may involve recording a building with a habite-se where required, correcting its area or boundaries, regularizing a subdivision through REURB, or meeting the applicable rural requirements. Other cases first require obtaining and registering a purchase, probate, compulsory-transfer or adverse-possession title. Merely updating the description does not automatically turn possession into ownership. Consistent documents can reduce obstacles, but do not guarantee a sale, financing, an increase in value or the absence of disputes.

Why do I need to record the building in the property record?

Recording a building updates the property's description: without it, the record may continue to show only the land or an earlier building. This can lead to requirements from a bank, buyer or registry, or requests for clarification in probate. Municipal compliance, technical documents and applicable tax obligations must be checked. The habite-se has specific exceptions, including article 247-A of the Public Registries Law; a building does not cease to exist legally simply because it has not yet been recorded. Correcting the documents does not guarantee appreciation or credit approval.

What is the boundary/area rectification of a property?

Rectification corrects inaccurate descriptions, measurements or boundaries under articles 212 and 213 of the Public Registries Law. A perimeter survey generally requires appropriate technical documents, a qualified professional and an ART or RRT, together with participation or notification of adjoining right holders as required by law. Measuring 280 m² where the record states 250 m² does not itself authorize adding the difference: it must lie within the boundaries of the title. Acquiring another person's private land requires an appropriate acquisition route. Streets and other public property cannot be acquired by adverse possession.

What is REURB?

REURB means Urban Land Regularization, governed by Law 13.465/2017 and Decree 9.310/2018. It combines legal, planning, environmental and social measures to incorporate informal urban settlements into the legal planning framework and recognize the rights available to their occupants. The municipality processes the application and issues the CRF; registration then allows the units and corresponding rights to be recorded. Not every instrument grants immediate ownership: land legitimation, legitimation of possession and rights of use have distinct requirements and effects. A CRF also does not, by itself, demonstrate that all infrastructure works have been completed.

What is the difference between Reurb-S and Reurb-E?

Reurb-S applies to settlements occupied predominantly by low-income residents, as classified by the municipal executive, and includes free registry acts covered by article 13, paragraph 1, of Law 13.465/2017. This is not an exemption from every tax, technical service or private legal fee. Reurb-E covers the remaining cases and is generally commissioned and funded by potential beneficiaries or private applicants. Residents cannot freely choose their category. Responsibilities for the project and infrastructure, the particular rules for public land and statutory exceptions must also be examined.

How do I regularize a rural property?

Ownership and registration, surveys, cadastral records, taxes and environmental duties must be coordinated. Georeferencing uses geodetic coordinates, a plan and a technical report prepared by a qualified professional accredited with INCRA; SIGEF certification does not itself establish ownership. Decree 12.689/2025 set October 21, 2029 for the identification requirement in the acts covered by article 10 of Decree 4.449/2002, including transfers, without dispensing with the other requirements of the particular case. CCIR, ITR and CAR are also examined. CCIR and CAR are not ownership titles, and CAR registration is not an environmental licence. The postponement is not a general waiver for court proceedings: article 225(3) of the Public Registries Law and article 2 of Decree 5.570/2005 have separate rules, requiring identification immediately, regardless of area, for actions filed from that decree’s publication; earlier actions follow the transition rule.

Can I sell a property that is not regularized?

It depends on the defect and the right being negotiated. Outdated documents can obstruct registration, financing or probate, but this does not mean every transaction is impossible or that a cash payment resolves the issue. Article 37 of Law 6.766/1979 prohibits selling or promising to sell a parcel in an unregistered subdivision; assignments must not be used to evade that prohibition. Before contracting, identify the transferable right, disclose defects and define payment, regularization and exit conditions. No one should promise that every defect can be cured or that the property will increase in value.

Does property regularization pay ITBI?

It depends on the act. Merely correcting the area or recording a building does not transfer ownership and does not itself trigger ITBI. Adverse possession and land legitimation, where their requirements are met, are original acquisitions and must be distinguished from purchases and other transfers for consideration. REURB can involve different instruments, including transactions on public land involving payment. The particular act and applicable legislation must be examined. Absence of ITBI does not eliminate other taxes, construction obligations, registry fees or technical-service costs.

How long does it take to regularize a property?

There is no universal deadline. A recording with complete documents differs from a building that requires municipal approval, a rectification involving notices and objections, or a collective REURB project. Depending on complexity, the process may take weeks, months or years; these are possibilities, not an estimate for every case. A statutory deadline for one registry act is not the duration of the whole procedure. Reviewing the documents at the outset allows stages to be planned and avoidable requirements to be reduced, without controlling official decisions or potential litigation.

Do I need a lawyer to regularize a property in São Paulo?

It depends on the procedure. Some administrative applications can be filed directly with the municipality or registry, whereas out-of-court adverse possession and compulsory property transfer require a lawyer or public defender; judicial proceedings follow their own representation rules. The lawyer examines title, the legal route, requirements and risks while coordinating documents with engineers, architects or surveyors. Legal assistance does not replace those professionals' technical responsibilities. The engagement should identify which acts are included, who will perform them, and the relevant costs and dependencies.

What is the difference between regularizing and acquiring a property by adverse possession?

Regularization is a broad objective: it may concern documents and descriptions alone, or also obtaining and registering title. Adverse possession is an original acquisition of ownership through possession meeting the period and other requirements of the applicable category. Time in occupation alone is insufficient, and public property cannot be acquired this way. If the registered owner has died or a purchase lacks a deed, probate, an ordinary deed, compulsory transfer and adverse possession should be compared. The order of title acquisition, surveying and record updates depends on the facts, not a universal sequence.

Regularizing with diagnosis and planning

Property regularization aims to align documents, rights and physical conditions on a lawful basis. A discrepancy may complicate the assessment of a sale, financing or probate; its actual effect depends on the defect, transaction and other property conditions. Establishing viability and obligations before contracting supports a better-informed asset decision.

Many defects have administrative, registry or judicial solutions, and Law 14.382/2022 facilitates certain digital acts. That does not make every irregularity curable. Public-land occupation or construction incompatible with planning or environmental requirements may need a response other than preserving the current situation. The first step is to establish viability, documents and the sequence of acts before committing to the expense.

At Falchet e Marques Sociedade de Advogados, based on Avenida Paulista in São Paulo, our property regularization work addresses legal aspects of building records and habite-se, rectification, REURB and rural records, together with adverse possession and compulsory transfer where appropriate. We assess the legal route, organize documents and coordinate with technical professionals to seek the appropriate registry update, subject to viability and the agreed scope of work.

Talk to our team on WhatsApp: +55 11 95901-1854 — and find out which is the right path to regularize your property.