Buying land due diligence checklist for Brazil

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

Who is the author of this content?

THE LATINVESTOR

A team specialized in real estate investing in LATAM countries

We are a team of financial experts, legal professionals, developers, and local real estate specialists dedicated to helping people like you avoid mistakes when investing in real estate in a foreign place, particularly in Brazil. If you'd like to learn more about us, you can check our presentation page.

How this content was created 🔎📝

At The LatinVestor, we explore the Brazilian real estate market every day. Our team doesn't just analyze data from a distance—we're actively engaging with local realtors, investors, and property managers in cities like São Paulo, Rio de Janeiro, and Brasília. This hands-on approach allows us to gain a deep understanding of the market from the inside out.

These observations are originally based on what we've learned through these conversations and our observations. But it was not enough. To back them up, we also needed to rely on trusted resources

We prioritize accuracy and authority. Trends lacking solid data or expert validation were excluded.

Trustworthiness is central to our work. Every source and citation is clearly listed, ensuring transparency. A writing AI-powered tool was used solely to refine readability and engagement.

To make the information accessible, our team designed custom infographics that clarify key points. We hope you will like them! All illustrations and media were created in-house and added manually.

Fact-checked and reviewed by our local expert

✓✓✓

Laura Beatriz de Oliveira 🇧🇷

Commercial, Vokkan

Laura is a seasoned real estate professional with extensive knowledge of Brazil's evolving property market. From high-growth urban centers to exclusive coastal retreats, she helps clients identify strategic investment opportunities across the country. With a strong focus on sustainability and long-term value, Laura provides expert guidance on navigating Brazil's regulatory environment, emerging hotspots, and luxury developments, ensuring her clients maximize their real estate potential.

Who is the legal owner of the land and can they prove it?

The legal owner of Brazilian land is established through the matrícula system, a comprehensive property registration certificate that serves as the definitive proof of ownership.

To verify ownership, you must obtain an updated certified copy of the matrícula from the Cartório de Registro de Imóveis (Real Estate Registry Office) in the property's jurisdiction. This document shows the registered owner's full name, identification numbers, and complete chain of title going back at least 20 years.

Compare the seller's identification documents with the names listed in the matrícula to ensure they match exactly. Pay special attention to any co-owners listed, as all parties must consent to the sale. The matrícula also reveals the property's unique registration number and geographic boundaries.

Review the historical ownership chain for any irregularities, gaps in documentation, or questionable transfers that could indicate problems with the title. Any discrepancies between the seller's identity and the registered owner should be resolved before proceeding with the purchase.

As of September 2025, the matrícula remains the only legally recognized proof of land ownership in Brazil, making this verification step absolutely critical for any land transaction.

Is the land title valid and properly registered in the official land registry?

Valid land titles in Brazil must be registered at the correct Cartório de Registro de Imóveis for the property's geographic area, with a unique matrícula number assigned through the current registration system.

Properties without proper registration, known as "terrenos irregulares," cannot be legally sold and should be avoided completely. The matrícula system replaced the older transcription system, so verify that your property has been properly converted to the current format.

Check that the Cartório handling the registration has jurisdiction over the specific area where the land is located. Each registry office covers designated municipalities or districts, and registration in the wrong office invalidates the title.

Confirm the matrícula number appears consistently across all related documents and that the registration includes complete property descriptions, boundaries, and area measurements. Missing or incomplete registration details can create legal complications later.

Unregistered properties or those still under the defunct transcription system pose significant legal risks and should be rejected outright.

Are there any disputes, liens, mortgages, or other encumbrances on the property?

Brazilian properties can carry various hidden encumbrances that must be identified and cleared before purchase through comprehensive certificate searches across multiple government agencies.

Certificate Type	What It Covers	Issuing Authority
Certidão Negativa de Débitos Municipais	Municipal debts and taxes	City Hall
Certidão Negativa de Débitos da União	Federal debts and liens	Federal Revenue Service
Certidão de Débitos Trabalhistas	Labor court liens	Labor Court
Certidão de Ações Reais e Pessoais	Legal disputes and lawsuits	State Court
Certidão de Protesto	Protest certificates	Protest Office
Certidão de Falência	Bankruptcy proceedings	Commercial Court
Environmental Liens Certificate	Environmental fines and violations	IBAMA/State Environmental Agency

Is the zoning classification compatible with the intended use of the land?

Zoning compatibility determines whether your intended land use is legally permitted and must be verified through municipal planning offices before purchase.

Brazilian municipalities regulate land use through specific zoning classifications including residential, commercial, industrial, mixed-use, rural, and environmental protection zones. Each classification has detailed restrictions on building types, heights, setbacks, and permitted activities.

Obtain the official zoning map and classification certificate from the municipal planning department or city hall to confirm the property's exact designation. Verify that your intended use aligns with the permitted activities for that zone.

Consider future zoning changes by reviewing municipal master plans and proposed developments that could affect the property's permitted uses. Some areas may have pending rezoning applications that could either benefit or restrict your plans.

It's something we develop in our Brazil property pack.

Are there any restrictions, easements, or environmental protections affecting the property?

Brazilian land can carry multiple restrictions and easements that limit usage rights and must be identified through careful document review and environmental compliance checks.

Easements and rights of way are typically annotated directly in the matrícula and include utility corridors, access roads, or neighboring property rights that cannot be blocked or developed. These permanent restrictions transfer with the property regardless of ownership changes.

Environmental protections are particularly complex for rural properties, which must maintain designated portions as Permanent Preservation Areas (APPs) and Legal Forest Reserve under Brazil's Forest Code. Urban properties may also face environmental restrictions near water bodies or protected areas.

Verify environmental compliance through the Rural Environmental Registry (CAR/SICAR system) and request certificates from IBAMA or state environmental agencies confirming no outstanding violations or required remediation.

Building restrictions may include historical preservation requirements, coastal protection zones, or municipal scenic area designations that limit construction options.

Has a recent and official land survey been done, and does it match the seller's description?

An updated topographic survey by a licensed Brazilian surveyor is essential to verify that physical boundaries match the legal description in the matrícula and seller documentation.

The survey must use GPS coordinates based on the SIRGAS 2000 system, which is the official Brazilian geodetic reference. Physical boundary markers should align exactly with the coordinates and measurements listed in the property registration.

Compare the survey results with the area measurements, boundary descriptions, and neighboring property information contained in the matrícula. Any discrepancies could indicate encroachments, registration errors, or fraudulent representations.

For rural properties, the survey should identify all physical features including water bodies, access roads, existing structures, and natural boundaries that may affect the property's usability or value.

Discrepancies between the survey and official documents must be resolved through legal proceedings before completing the purchase, as they can lead to boundary disputes or ownership challenges later.

Is the property free from illegal occupants or squatters?

Brazilian adverse possession laws (usucapião) can grant ownership rights to squatters who occupy land for five years or more, making physical inspection and municipal record checks essential.

Conduct a thorough on-site inspection to identify any unauthorized structures, cultivation, or signs of occupation. Look for evidence of long-term habitation including utilities, permanent improvements, or established agricultural activities.

Check municipal records and local police reports for any registered occupation claims or pending usucapião proceedings against the property. These legal processes can result in partial or complete loss of ownership rights.

Urban properties in Brazil's major cities are particularly vulnerable to organized squatter movements, while rural lands may face invasion by landless agricultural workers or environmental activists.

Any evidence of unauthorized occupation should be addressed through legal channels before purchase, as removing squatters after acquiring the property can be extremely difficult and expensive.

Are property taxes and any other local fees fully paid up to date?

All property taxes and municipal fees must be current before completing a Brazilian land purchase, as unpaid obligations become liens that can result in foreclosure proceedings.

1. **IPTU (Urban Property Tax)** - Annual municipal tax on urban properties, typically due between February and November depending on the municipality2. **ITR (Rural Property Tax)** - Federal tax on rural properties, collected annually by the Federal Revenue Service 3. **Municipal service fees** - Garbage collection, street lighting, and infrastructure maintenance charges4. **Special assessment taxes** - Levies for local improvements like sidewalks, street paving, or utility installations5. **Environmental compliance fees** - Required payments for rural properties related to forest management and conservation

Obtain current Certidão Negativa documents for both municipal and federal tax obligations to confirm all payments are up to date. These certificates are valid for specific periods and must be recent.

Review the payment history for any patterns of delinquency that might indicate ongoing financial problems with the property or seller.

We did some research and made this infographic to help you quickly compare rental yields of the major cities in Brazil versus those in neighboring countries. It provides a clear view of how this country positions itself as a real estate investment destination, which might interest you if you're planning to invest there.

Does the land have legal and practical access, including road entry and easement rights?

Legal access to Brazilian land must be established through registered easements or public road frontage, while practical access ensures year-round usability for your intended purposes.

Verify that road access rights are properly registered as easements in the matrícula if the property doesn't have direct public road frontage. Private road agreements with neighbors are insufficient and can be revoked.

Inspect the actual access routes during different seasons to confirm they remain passable year-round. Many rural properties in Brazil become inaccessible during rainy seasons due to poor road conditions.

For properties accessed through private roads or neighboring land, ensure the easement grants sufficient width and usage rights for your intended activities. Standard easements may not accommodate commercial vehicle traffic or heavy equipment.

Check with municipal authorities about planned road improvements or new access routes that could affect the property's accessibility and value over time.

Is there confirmed access to essential utilities like water, electricity, and sewage?

Utility availability and legal connections must be verified through service provider documentation and on-site inspection, as many Brazilian properties lack proper infrastructure access.

Request recent utility bills or official connection confirmations from local providers for electricity, water, and sewage services. Ensure connections are legal and properly metered rather than unauthorized taps from neighboring properties.

For rural properties, investigate groundwater rights and well permits if municipal water service is unavailable. Brazilian water law requires permits for wells and may restrict usage during drought periods.

Verify sewage disposal options meet environmental regulations, particularly for rural properties that may require septic systems or connection to municipal treatment facilities.

Research planned infrastructure expansions that could bring utility services to currently unserved areas, as this can significantly impact property values and development potential.

Are there any planned public works, expropriations, or developments nearby that could affect the land?

Municipal planning offices maintain records of proposed public works, infrastructure projects, and development plans that could significantly impact your property's value and usability.

Review municipal master plans and zoning proposals for planned roads, utilities, schools, hospitals, or commercial developments in the immediate area. These projects can either enhance or diminish property values depending on their nature and proximity.

Check for potential expropriation (eminent domain) proceedings that could affect part or all of your property for public works projects like highways, airports, or utility corridors.

Research environmental impact studies for major developments that might affect air quality, traffic patterns, noise levels, or scenic views from your property.

It's something we develop in our Brazil property pack.

Has a local lawyer reviewed all documents and verified compliance with Brazilian property laws?

Brazilian property law is complex and frequently changing, making local legal review absolutely essential for any land purchase to ensure compliance and document authenticity.

Engage a licensed Brazilian lawyer specializing in real estate who can verify all documentation authenticity, review the complete chain of title, and confirm compliance with current regulations. General practice lawyers may miss critical property-specific requirements.

The lawyer should verify spousal consent requirements, which are mandatory for married sellers in most cases, and ensure all signatures are properly notarized and authenticated.

Legal review should include verification that all required approvals are in place for the intended land use, environmental compliance certificates are valid, and the transaction structure complies with foreign investment regulations.

As of September 2025, Brazil continues to update its property regulations, making professional legal guidance essential for navigating current requirements and avoiding costly mistakes that could invalidate the purchase.

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.

Sources

1. The LatinVestor - Due Diligence Guide for Brazil Land Purchases
2. Oliveira Lawyers - Property Records Brazil
3. Baker McKenzie - Brazil Real Estate Law Guide
4. Rio On Watch - Property Rights in Brazil
5. Jones Day - Brazilian Property Law Changes
6. Oliveira Lawyers - Property Clearance Certificates
7. Wikipedia - Zoning in São Paulo
8. Climate Policy Initiative - Brazil Forest Code
9. Global Property Guide - Brazil Property Taxes
10. Legal Land Brazil - Property Legal Services