Due diligence when buying in Florianópolis: what to verify before you sign

The rule every foreigner should learn first

In Brazil, ownership does not transfer when you sign the contract: it transfers when the title is registered at the competent Registro de Imóveis. The Civil Code says so (art. 1,245): before registration, the seller remains the legal owner. That is why all the up-front verification revolves around a single document —the matrícula— and around a sequence you should not reorder: verify, execute the deed, pay the ITBI and register.

The matrícula: the property's identity document

Every property has a unique matrícula at the Registro de Imóveis (Lei 6.015/1973, art. 176): it is its complete history. It records transfers, mortgages, fiduciary liens (alienação fiduciária), attachments (penhora), usufructs and freezing orders (indisponibilidades). Requesting an up-to-date certidão de matrícula / de ônus reais is the first step, and it is no decorative formality: under the principle of registry continuity, no act is registered unless the seller appears as the titleholder on the matrícula. If the seller does not show up as the owner, you cannot even move forward.

The seller's certidões: buying also looks at the person

The matrícula tells the property's story; the personal certidões tell the seller's. A property can be clean and the deal can still collapse through fraude à execução if the seller was insolvent. STJ Súmula 375 requires, in order to void the sale, that the attachment be registered on the matrícula or that the buyer's bad faith be proven —good faith is presumed—. Hence the practice of gathering the seller's certidões (civil, tax, labor, protest records). The labor CNDT, for example, is issued by CPF, is national and is valid for 180 days. It is not a fixed legal checklist but a prudence a lawyer tailors to each case.

Debts that travel with the property

Two debts follow the asset, not whoever generated them. Unpaid IPTU is a propter rem obligation: art. 130 of the Código Tributário Nacional passes it to the buyer unless a clearance certidão exists. And the seller's condominium debts pass to the buyer of the unit, with fines and interest (Civil Code, art. 1,345). In plain terms: check that IPTU and condominium fees are up to date before you sign, because otherwise you inherit them.

Terreno de marinha: property that isn't entirely yours

Florianópolis is an island, and much of its coastal frontage is made up of terrenos de marinha: strips 33 meters inland from the 1831 tide line, which belong to the Union (Decreto-Lei 9.760/1946). Over that land you do not hold full ownership but useful domain (domínio útil): you pay an annual foro (0.6% of the value set by the Union) and, on transfer, the Union charges a laudêmio of 5% on the full-domain value (land plus building) if it does not exercise its right of first refusal. On top of that, transferring a marinha property requires SPU authorization (the Certidão de Autorização de Transferência). This shows up on the matrícula and in the SPU records. It is not a bar to buying, but it changes what you are buying and adds a recurring cost: you need to know it in advance.

Habite-se and off-plan projects

If you buy a finished unit, ask for the habite-se (the occupancy certificate the municipality issues): its absence in an already-built building is a sign of an irregular construction. If you buy off-plan, verify on the land's matrícula that the developer has registered the memorial de incorporação (Lei 4.591/1964, art. 32) —selling without that registration is illegal— and whether the project adopted the patrimônio de afetação (Lei 10.931/2004), which ring-fences that project's assets from the rest of the developer's holdings. Note: the patrimônio de afetação is optional, not every launch has it; that is why it is verified project by project.

Deed, ITBI and registration: the correct order

When the value exceeds 30 minimum wages, the law requires a public deed (escritura pública) before a tabelião (Civil Code, art. 108). But the deed does not make you the owner: only registration on the matrícula transfers ownership. And to register, you must first have paid the ITBI, the municipal transfer tax —its rate is set by Florianópolis, so confirm it with the Prefeitura before budgeting—. Without proof of ITBI payment, registration does not proceed.

The foreigner, and one final clarification

There is no general restriction on a foreigner buying urban property in Brazil: a CPF and valid documents are enough, with no residence requirement. Rural land is restricted (Lei 5.709/1971), as is the border strip (faixa de fronteira), but an apartment in Florianópolis does not fall under those cases. Hiring a real-estate lawyer (an advogado registered with the OAB) to run this verification is not a legal obligation, but it is the sensible practice: this is general information, not legal advice, and every deal deserves its own review.

Sources

• Civil Code (Lei 10.406/2002) — arts. 108, 1,245, 1,345 (public deed, transfer by registration, condominium debt).
• Lei 6.015/1973 (Public Registries) — arts. 167, 176, 195 (matrícula, encumbrances, registry continuity).
• Código Tributário Nacional (Lei 5.172/1966) — art. 130 (propter rem IPTU).
• STJ — Súmula 375 (fraude à execução).
• Decreto-Lei 9.760/1946 — arts. 2 and 101 (terrenos de marinha, 0.6% foro, 5% laudêmio); SPU / gov.br.
• Lei 4.591/1964 (art. 32, memorial de incorporação) and Lei 10.931/2004 (patrimônio de afetação).
• Lei 5.709/1971 (acquisition of rural property by foreigners); Prefeitura de Florianópolis (ITBI, IPTU, habite-se).