Regularize property without registration: understand the step-by-step process

Regularizing an unregistered property is a crucial process to ensure your possession and ownership are officially recognized. But many properties remain unregistered , whether due to lack of registration at the property registry, lack of deeds , or construction issues. This irregularity can lead to numerous problems, such as the inability to sell, rent, or use the property as collateral for financing . Furthermore, lack of regularization can lead to legal disputes and complications in probate proceedings.

In this article, you'll find a detailed guide on how to regularize an unregistered property , covering everything from the importance of this process to the steps required to complete the regularization.

The importance of regularizing the property

Registering a property isn't just a matter of formality; it's about ensuring the property's legal and economic security. When a property is properly registered, it receives official recognition , preventing questions about its ownership and possession. Furthermore, registered properties enjoy higher market value and provide greater peace of mind in real estate transactions.

Unregistered properties are more prone to problems, such as ownership disputes, difficulties transferring ownership, or even loss of the property in cases of expropriation or inheritance . Regularization ensures that the owner has full control over the property, allowing it to be sold, financed, or transferred to heirs without legal obstacles.

What does it mean to regularize an unregistered property?

Legalizing a property involves different steps, depending on the specific situation. In the case of unregistered properties, the main objective is to have them formally recognized by the property registry office . This may include obtaining the public deed, updating the registration with the city hall, and the actual registration.

Regularization can also cover issues related to the construction of the property, especially when it was built without the proper licenses or permits. In this case, it will be necessary to adapt the construction to municipal regulations and obtain a certificate of occupancy .

Steps to regularize an unregistered property

Identify the current situation of the property

The first step is to understand the property's current status. Does it have any documentation, such as a purchase and sale agreement or public deed? Is it registered with the city for property tax purposes? This information is essential for determining the necessary steps in the regularization process.

If the property was acquired through a private purchase and sale agreement, for example, it will be necessary to convert it into a public deed so that registration is possible.

Obtain the public deed

The public deed is the document that formalizes the transfer of ownership. It must be drawn up at a notary's office and is essential for registering the property with the property registry . To issue the deed, you will need to present personal documents (such as ID and CPF), the purchase and sale agreement, proof of payment, and certificates of no outstanding debts.

If the property was purchased many years ago and the seller has already passed away or cannot be located, it will be necessary to seek legal alternatives, such as an action for adverse possession .

Regularize the situation with the city hall

After securing the public deed, it's important to verify that the property is properly registered with the city government. This includes updating the property registry, settling any outstanding property tax (IPTU) debts, and ensuring the property complies with municipal regulations. In many cases, it will be necessary to submit plans and designs signed by an engineer or architect, especially if the property was built without a permit.

Register the property at the property registry office

With the deed in hand, the next step is to take it to the property registry office responsible for the region where the property is located. Registration makes the buyer the official legal owner of the property. To do so, you'll need to pay the registration fees and present documents such as the public deed and debt clearance certificates.

Resolve construction issues

If the property was built without the proper permits, it will be necessary to regularize the building. This includes obtaining building permits and a certificate of occupancy, which certifies that the property complies with urban planning regulations and is suitable for occupancy. The process may require hiring an engineer or architect to develop plans and oversee the regularization process.

Consider legal action if necessary

In more complex cases, such as properties acquired through long-term possession or with ownership disputes, it may be necessary to file a lawsuit. Usucaption is one of the most common alternatives, allowing the possessor to regularize the property after proving continuous and peaceful use for a period determined by law.

Challenges and costs of the process

Regularizing a property can be a time-consuming and, in some cases, costly process . Costs include notary fees, taxes such as ITBI (Real Estate Transfer Tax), professional fees, and possible fines for irregularities. Furthermore, the bureaucracy involved can be a hindrance for those unfamiliar with the procedures.

Therefore, it is recommended to rely on the support of specialized professionals, such as lawyers, engineers, or architects, to facilitate the process and avoid errors that could delay regularization.

Regularizing an unregistered property is an essential step for those who want to secure their property rights and avoid future legal issues . While the process may seem complex, it's essential for increasing the property's value and providing legal security for the owner. By following the steps outlined and seeking professional assistance when necessary, you can regularize your property and enjoy all the benefits of having a properly registered property.