Registering a property is nothing more than including all the changes that have been made to the property in the registration, such as renovations, improvements or dismemberments. The registration is very important because it helps to compose a history of the property, facilitating the judicial confirmation of the changes already made.
If you need to register your property, but don’t even know where to start, be sure to read this post. Here, we clarify what are the most common types of registration and how the procedure works. Follow us!
What does it mean to register a property?
In the dictionary, “averbar” is the act or effect of registering. Thus, registering a property means noting on the registration the changes that have occurred in the property, updating the content of the equity register with each new change. The procedure is done by judicial determination, guaranteeing the suitability of the registration under the laws.
All changes that relate to the real right of the property or its interested parties must be noted, for example, a simple break up or change in the name of the street or neighborhood where the property is located . In this way, an official record of everything that happened on the property over the years is maintained.
Why is it so important to register?
Having a history with the property’s annotations is essential to protect the owners from eventual legal questions, proving that the property is legalized and updated according to the laws.
That is why it is so important to make any changes made to the property public. After all, if the annotations are not included in the property’s registration, it means that they are not legally valid, which would be a huge problem when it comes to negotiating the property, for example.
Not to mention that keeping the property registration up-to-date is also a way to guarantee the appreciation of your assets, since a purchase or sale cannot be made if the endorsements are not up to date. That is, if you buy a property and do not register the transfer, you will not be considered the official owner of that property.
So, no matter how much the registrations represent extra notary fees for your pocket, it is essential to carry them out for your own safety. Especially because, if you choose to save with this now, you may have much higher costs in the future to solve the problems arising from the absence of registration.
It is also worth mentioning that the meaning of registration is not the same as registration. The difference is that the registration has the function of registering all declaratory acts on the property, while the registration acts as a constant update of that registration.
What are the main types of registration?
As we have seen, any changes that may affect the property and its owners must be noted. The main endorsements are generally related to improvements made to the property, in addition to negotiations and real estate financing. Next, we list the most common types of annotations:
- alteration of pre-nuptial agreements and the property regime in question in the registration of the property, including properties acquired after the wedding;
- alteration by changing the name or numbering of the building, as well as by demolition, reconstruction or dismemberment of the subdivision;
- change of name due to marriage or divorce, in addition to other circumstances that may influence the registration of the property or interested persons;
- alteration of mortgage notes;
- alteration of the security deposit and the fiduciary assignment of rights related to the property;
- alteration of decisions, appeals and effects that have as their object registered or endorsed acts;
- alteration of judicial separation or divorce sentences;
- amendment of the lease agreement for the purpose of exercising preemptive rights;
- alteration of the extinction of the concession for specific use for housing purposes.
What is the difference between registration, registration and deed?
When it comes to registering a property, all these terms are related, so it is normal to have some confusion. The registration is the document that identifies the property by means of its exact location and description. This document contains all records of changes in properties and their respective information, such as former owners, date of first registration, among others.
The property registration, in turn, is the act of declaring a notary public who is the real owner of housing. Any changes that are made to the project, such as renovations and extensions, must be registered in the property deed. In case of separation, divorce or death, the information must also be included in the document.
The deed, on the other hand, is the document drawn up in a notary’s office that contains the manifestation of both parties involved in the negotiation of the property or in the declaration of any legally important situation. The Law requires public deed of property for cases of purchase, sale, donation and usufruct of the property, emancipation of minors, pre-nuptial agreements, among others, always aiming at security and suitability in transactions.
When and where to perform the procedure?
Whenever there is a change related to the property, it is necessary to make the registration, as well as in case of changes in the civil condition of who owns the property. The procedure is carried out in a real estate registry office, upon presentation of the requested documents. Documentation and cost may vary depending on the type of registration to be made. Typically, these are the documents required to register a property:
- application by the interested person, with notarized signature, addressed to the local property registry officer;
- “Habite-se”, which is the document issued by the Municipality of the municipality in question, proving that the property is in full housing conditions;
- certificate of completion of the work, also issued by the City Hall, which informs the official number given to the built property, as well as the length of the construction;
- Debt Clearance Certificate (CND), which is issued by the INSS (National Institute of Social Security).
Throughout the text, it was possible to clarify what it means to register a property and what the real importance of this act is: guaranteeing the safety, suitability and appreciation of your assets and those concerned by the laws. With this information, you will certainly not miss this step.
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