Authored by the expert who managed and guided the team behind the Brazil Property Pack
Everything you need to know before buying real estate is included in our Brazil Property Pack
Buying land in Brazil requires thorough due diligence to avoid costly mistakes and legal complications.
The Brazilian real estate market operates under specific regulations that foreign investors must understand before making any purchase decisions. From verifying property titles through the matrícula system to checking environmental restrictions and zoning compliance, each step in the due diligence process protects your investment and ensures legal ownership. As of June 2025, Brazil's property market continues to attract international buyers, but proper preparation remains essential for successful land acquisitions.
If you want to go deeper, you can check our pack of documents related to the real estate market in Brazil, based on reliable facts and data, not opinions or rumors.
Brazilian land acquisition requires verification of the matrícula (property registration), environmental compliance checks, and legal representation.
Total transaction costs typically range from 6.5% to 7.5% of the property value, including transfer taxes, notary fees, and legal expenses.
| Due Diligence Step | Key Document/Check | Timeframe |
|---|---|---|
| Title Verification | Matrícula do Imóvel | 1-2 weeks |
| Environmental Compliance | CAR Registration (rural properties) | 2-3 weeks |
| Boundary Survey | Certified Land Surveyor Report | 2-4 weeks |
| Liens & Encumbrances | Certidão de Ônus Reais | 1 week |
| Zoning Verification | Municipal Master Plan Review | 1-2 weeks |
| Legal Representation | Local Real Estate Attorney | Throughout process |
| Tax Clearance | Municipal and Federal Tax Certificates | 1-2 weeks |
Is the land privately owned, titled, and free from ownership disputes?
All Brazilian real estate must be registered at a local real estate registry office under a unique record called a matrícula.
This registration system confirms legal ownership and provides a complete chain of title for the property. To ensure the land is privately owned and dispute-free, you must review the matrícula for clear ownership history and check for any legal claims or disputes noted in the record.
The matrícula contains detailed information about previous owners, property transfers, and any registered legal issues. If there are gaps, irregularities, or pending disputes listed in the matrícula, legal action may be required to resolve them before completing your purchase.
As we reach mid-2025, Brazilian property registries have become increasingly digitized, making it easier to access and verify ownership records. However, older properties may still have documentation gaps that require additional legal investigation.
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Has the seller provided a certified copy of the land title and all relevant documents?
A legitimate seller must provide a certified copy of the property registration (matrícula do imóvel), which includes the complete chain of ownership and any relevant annotations.
For added security, especially when dealing with unknown sellers, obtain the registration directly from the registry office rather than relying solely on seller-provided documents. Additional required documents include tax clearance certificates, proof of the seller's legal status, and environmental compliance certificates for rural properties.
The seller should also provide recent utility bills, property tax receipts, and any existing contracts or agreements affecting the property. If the seller is a company, you'll need corporate documents proving authorization to sell the property.
Foreign sellers must provide additional documentation proving their legal right to own and sell Brazilian real estate, including CPF registration and proof of legal residency or business registration in Brazil.
Is the land zoned for the purpose you intend to use it for, according to local laws?
Zoning verification requires checking local municipal regulations, zoning laws, and applicable master plans to ensure compatibility with your intended use.
Each Brazilian municipality maintains its own zoning regulations and master plan (Plano Diretor) that dictates permitted land uses, building restrictions, and development requirements. Commercial activities, residential construction, and agricultural use each have specific zoning requirements that must be met.
Development permits and environmental licenses may be required for certain uses, especially construction or commercial activities. Some areas have additional restrictions due to historical preservation, environmental protection, or infrastructure limitations.
As of June 2025, many Brazilian cities are updating their master plans to accommodate sustainable development goals, which may affect future zoning decisions and property values in your target area.
Have you verified the boundaries and measurements with a certified land surveyor?
Hiring a certified land surveyor is essential to confirm the property's exact boundaries and measurements match the legal description in the matrícula.
The surveyor will provide a detailed report and topographical map showing property lines, easements, and any encroachments. This survey must be conducted by a professional registered with the Brazilian Federal Council of Engineering and Agronomy (CONFEA).
Boundary verification helps prevent future disputes with neighbors and ensures you're purchasing the exact area described in the legal documents. The survey should identify any discrepancies between the physical property and its legal description.
Rural properties in Brazil often require additional surveying for environmental compliance, including identification of permanent preservation areas and legal reserve zones required under Brazilian environmental law.
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Are there any existing liens, debts, or encumbrances registered against the land?
You must obtain a Certidão de Ônus Reais (Registry Certificate) from the real estate registry office to identify all liens, mortgages, easements, and other encumbrances.
This certificate provides a comprehensive list of all financial obligations and legal restrictions attached to the property. Common encumbrances include outstanding mortgages, tax liens, judicial attachments, and registered easements for utilities or access rights.
All debts and encumbrances must be cleared before the sale can be completed, with the seller typically responsible for settling these obligations. However, the purchase contract should clearly specify which party bears responsibility for clearing each type of encumbrance.
Some encumbrances, like utility easements or conservation restrictions, may remain with the property permanently and should be factored into your purchase decision and property value assessment.
Does the property have legal access to a public road or right-of-way?
Legal access to public roads must be confirmed through property documentation and municipal records.
If access is through private roads, there should be a registered easement or right-of-way agreement recorded in the property's matrícula. This ensures your legal right to reach the property cannot be revoked by neighboring landowners.
Rural properties often face complex access issues, especially in areas where historical land divisions created landlocked parcels. Brazilian law requires that all property owners have access to public roads, but enforcement and resolution of access disputes can be lengthy.
Urban properties should have direct access to municipal roads or documented easements through neighboring properties. The municipality should confirm that the access roads are properly designated and maintained as public thoroughfares.
Have you checked for environmental restrictions or protected areas on or near the land?
Brazil has comprehensive environmental laws that significantly impact land use, especially for rural properties.
The Rural Environmental Registry (Cadastro Ambiental Rural – CAR) is mandatory for rural properties and shows compliance with environmental regulations, including protected areas and required preservation zones. All rural properties must maintain permanent preservation areas (APPs) and legal reserve zones (RLs) that cannot be developed.
Urban properties must comply with local environmental regulations and may be subject to restrictions if located near waterways, wetlands, or protected natural areas. Some municipalities have additional green space requirements for new developments.
Environmental licensing may be required for construction projects, agricultural activities, or any land use changes. As of June 2025, Brazilian environmental enforcement has become increasingly strict, with significant penalties for non-compliance.
Is the land located in a flood zone or subject to other natural hazards?
Coastal and low-lying areas in Brazil are particularly prone to flooding, landslides, and other natural hazards that can affect property value and insurance costs.
| Natural Hazard | High-Risk Regions | Key Indicators |
|---|---|---|
| Flooding | Coastal areas, river valleys, urban lowlands | Municipal hazard maps, historical flood data |
| Landslides | Mountainous regions, steep terrain | Geological surveys, slope stability reports |
| Drought | Northeast and central regions | Climate data, water availability studies |
| Coastal Erosion | Atlantic and northeastern coastlines | Coastal management plans, erosion rates |
| Seismic Activity | Northeast and southeast regions | Geological fault maps, building codes |
Have you reviewed the local municipality's master plan or development regulations?
The municipal master plan (Plano Diretor) is the fundamental document outlining zoning, permitted land uses, and development regulations for each Brazilian city.
This plan determines building height limits, density restrictions, setback requirements, and infrastructure development priorities that directly impact property values and development potential. Major cities update their master plans every 10 years, with smaller municipalities following similar schedules.
Future urban development plans, including new roads, public transportation, and commercial zones, can significantly affect property values and should be considered in your investment decision. Some areas may be designated for future expropriation for public projects.
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Are there any pending infrastructure developments or expropriation plans in the area?
Infrastructure development and expropriation plans can dramatically affect property values and should be thoroughly investigated before purchase.
Check with municipal planning departments for planned infrastructure projects, including new roads, airports, ports, and public transportation systems. Brazil's ongoing infrastructure modernization program includes significant investments in transportation and utilities that may impact your target area.
Government expropriation plans for public projects are typically announced through official municipal channels and published in local government bulletins. Properties selected for expropriation may be subject to forced sale at government-determined prices.
Positive infrastructure developments, such as new metro lines or highway improvements, can increase property values significantly, while negative projects like industrial developments or waste facilities may decrease values.
Have you hired a local real estate attorney experienced in land acquisitions in Brazil?
Engaging a local real estate attorney is essential for foreign buyers navigating Brazilian property acquisition procedures.
Your attorney should be registered with the Brazilian Bar Association (OAB) and have specific experience in real estate transactions involving foreign buyers. They will conduct comprehensive due diligence, verify all documents, negotiate purchase contracts, and ensure compliance with Brazilian foreign investment regulations.
The attorney will also coordinate with other professionals, including surveyors, environmental consultants, and tax advisors, to ensure all aspects of the transaction are properly handled. They should provide regular updates on the transaction progress and explain any legal complexities in clear terms.
Legal fees typically range from 1% to 2% of the property value, but this investment provides crucial protection against costly mistakes and legal complications that could arise from improper documentation or procedural errors.
Are all taxes, fees, and costs—including transfer tax and notary fees—clearly outlined and budgeted?
Brazilian real estate transactions involve multiple taxes and fees that buyers must budget for in addition to the purchase price.
| Cost Category | Typical Rate | Responsible Party |
|---|---|---|
| Transfer Tax (ITBI) | 2-3% of property value | Buyer |
| Notary Fees | 0.3-1% of property value | Buyer |
| Registration Fees | 0.5-1% of property value | Buyer |
| Legal Fees | 1-2% of property value | Buyer |
| Survey Costs | R$5,000-R$15,000 | Buyer |
| Due Diligence | R$3,000-R$8,000 | Buyer |
| Total Transaction Costs | 6.5-7.5% of property value | Primarily Buyer |
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Conclusion
This article is for informational purposes only and should not be considered financial advice. Readers are advised to consult with a qualified professional before making any investment decisions. We do not assume any liability for actions taken based on the information provided.
Successful land acquisition in Brazil requires careful attention to legal documentation, environmental compliance, and professional guidance.
As of June 2025, the Brazilian real estate market continues to evolve with new regulations and infrastructure developments that create both opportunities and challenges for foreign investors.
Sources
- Baker McKenzie Global Corporate Real Estate Guide
- Oliveira Lawyers Property Records Verification
- Hansen Imóveis Documentation Requirements
- Pontes Vieira Real Estate Acquisition Guide
- Brazil Counsel Due Diligence Package
- ICLG Brazil Real Estate Laws
- Brazil Beach House FAQ for Foreign Buyers
- Brazil Counsel Real Estate Transaction Costs