Buying an Apartment in Brazil — Attorney-Led Purchase

Legal guidance for foreign buyers purchasing residential apartments in Brazil. Title due diligence, RDE-IED registration, ITBI, notary coordination, and FX inflow under Lei 14.286/2021. OAB/SP licensed, bilingual EN/PT.

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About Apartment Purchases in Brazil

Foreign individuals — both resident and non-resident — may purchase urban residential apartments in Brazil. Apartment purchases sit under the Brazilian Civil Code (Lei nº 10.406/2002) and the registration framework of the Lei nº 6.015/1973 (public-records law). For non-resident buyers, the FX inflow must be registered with the Banco Central under the Lei nº 14.286/2021 regime (RDE-IED for capital registration).

The buyer-side workflow has three legal pillars: (i) title due diligence on the property's matrícula and on the seller's tax/judicial position; (ii) contract negotiation, normally a promessa de compra e venda followed by an escritura pública (public deed); and (iii) closing — payment of ITBI (the municipal real-estate transfer tax), execution of the deed at a Cartório de Notas, and registration at the Cartório de Registro de Imóveis covering the property's location.

Real-estate agents in Brazil represent the seller. A buyer-side attorney coordinates due diligence, contract terms, FX-inflow structuring (for non-residents), notary scheduling, and post-closing compliance such as IPTU re-registration and condominium notification. We work with foreign buyers on cash and financed purchases across São Paulo, Rio de Janeiro, and the broader Brazilian residential market.

Buyer-Side Workflow

Title Due Diligence

Matrícula review, certidões negativas, condominium status, judicial liens against the seller.

Contract Drafting

Promessa de compra e venda with escrow, deposit, and contingency clauses tied to the diligence findings.

FX Inflow + RDE-IED

Capital registration with the Banco Central under Lei 14.286/2021 — required for non-resident buyers.

Closing + Registration

ITBI payment, escritura pública at the Cartório de Notas, registration at the Cartório de Registro de Imóveis.

Frequently Asked Questions

Can a foreigner purchase an apartment in Brazil?
Yes. Foreign individuals — resident or non-resident — may purchase urban residential apartments in Brazil. There is no nationality restriction on residential urban property under Brazilian law. The buyer needs a CPF, and a non-resident buyer must register the inbound capital with the Banco Central (RDE-IED).
What documents are required to buy an apartment in Brazil?
A CPF and valid passport for the buyer; an updated matrícula and certidões negativas for the property and the seller; proof-of-address documentation; and, for non-resident buyers, an RDE-IED capital registration tied to the FX inflow under Lei 14.286/2021.
What taxes apply on apartment purchase in Brazil?
ITBI (municipal real-estate transfer tax) is due at the rate set by the property's municipality — commonly 2% to 3% of the higher of transaction value or fiscal value. Notary fees and registry fees follow at the Cartório de Notas and Cartório de Registro de Imóveis respectively. For non-resident buyers, IOF-Câmbio applies on the FX inflow.
How long does the purchase process take?
A clean cash purchase with complete documentation typically closes in 30 to 60 days from signed promessa de compra e venda to deed registration. Financed transactions and any title-irregularity remediation extend the timeline.
Do I need a Brazilian attorney to buy an apartment in Brazil?
Brazilian law does not legally require buyer-side counsel, but the standard real-estate practice for foreign buyers is to engage an attorney for title due diligence, contract review, FX-inflow structuring, and notary coordination. The real-estate agent represents the seller.

Discuss Your Apartment Purchase

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