Property Purchase

In short: ITBI is the Real Estate Transfer Tax, charged by the city government at the time a property is purchased. In Florianópolis, the rate is 2% of the transaction value, and payment is the buyer’s responsibility.

What ITBI Is

ITBI (Imposto sobre Transmissão de Bens Imóveis, or Real Estate Transfer Tax) is a municipal tax charged every time a property changes ownership. It is provided for in Article 156 of the Federal Constitution and regulated by each municipality. In Florianópolis, Municipal Complementary Law No. 007/97 and its subsequent updates set the applicable rates and exemptions.

Who Pays ITBI

Payment is always the buyer’s responsibility. This obligation cannot be transferred to the seller by agreement — any clause to that effect has no legal validity. The tax must be paid before the property is registered at the Real Estate Registry Office (Cartório de Registro de Imóveis), within the standard 30-day period after the city issues the payment form.

How It Works in Practice in Florianópolis

1. After signing the purchase and sale deed, the buyer requests the ITBI payment form from the Florianópolis City Hall (Prefeitura Municipal de Florianópolis, PMF).
2. The tax base is the higher of the transaction’s declared value or the property’s assessed value (valor venal). Starting in 2026, the Superior Court of Justice (STJ, Theme 1113) ruled that the city cannot automatically apply its own reference value — the taxpayer declares the market value, and the PMF must open an administrative proceeding to challenge it.
3. The standard rate is 2%. For properties financed through the Housing Finance System (Sistema Financeiro da Habitação, SFH), the rate drops to 0.5% on the financed amount, up to a limit of R$ 226,007.12.
4. Proof of ITBI payment is required by the registry office before the transfer can be recorded.

Practical Example in Florianópolis

A property purchased for R$ 600,000 in the Trindade neighborhood, with no financing: ITBI = 2% × R$ 600,000 = R$ 12,000. If part of the value were financed through the SFH (e.g., R$ 226,007), the ITBI on that portion would be 0.5% = R$ 1,130. The remaining amount (R$ 373,993) would be taxed at 2% = R$ 7,480. Total: approximately R$ 8,610.

ITBI Exemptions in Florianópolis

Residential properties with an assessed value of up to R$ 100,000 are fully exempt. Exemptions also exist for corporate reorganizations and capital contributions — specific cases that should be reviewed with legal counsel.

Related Questions

• What documents are required to buy a property?
• What is the difference between a deed and a purchase and sale agreement?
• What is a certificate of occupancy (habite-se) and when is it required?

Need help with the calculations or purchase documentation? Talk to a Regente agent.

Short answer: To buy a property you’ll need personal documents, the property’s documents, and negative certificates for the seller. The list varies depending on whether you’re paying in cash or financing, but the core requirements are always the same.

Buyer’s documents

• ID (RG) and CPF (or driver’s license, CNH)
• Updated marital status certificate (birth, marriage, or common-law partnership deed)
• Recent proof of address
• Proof of income (pay stubs, income tax return, or bank statements)
• If married: spouse’s documents and, if applicable, a prenuptial agreement

For bank financing, the bank may require additional documents: FGTS (Brazil’s severance indemnity fund) statement, work record booklet, full income tax return, and proof of income for recent months.

Property documents

• Updated title certificate (matrícula) — issued by the Real Estate Registry Office; shows the ownership history and any liens on the property
• Paid-up property tax (IPTU) — municipal debt clearance certificate
• Occupancy permit (habite-se) — required for any built property; confirms the construction was approved by the city
• Approved floor plan — for built properties, confirms compliance with the Urban Planning Department
• Certificate of encumbrances (ônus reais) — confirms the property isn’t mortgaged or under lien

Seller’s certificates (individual)

• Federal tax clearance certificate (Receita Federal, Brazil’s federal tax authority)
• State tax clearance certificate
• Clearance certificate for federal and state court cases
• Clearance certificate for protested debts
• Labor debt clearance certificate

Certificates specific to Santa Catarina / Florianópolis

In Florianópolis, since it’s an island with a history of federal land holdings, the notary office may require:

• SPU certificate (Secretariat of Union Assets) — confirms the property isn’t part of federal land holdings
• Municipal SEF certificate — confirms the property isn’t part of municipal public land
• Environmental assessment (FATMA or the relevant agency) — for properties in areas of environmental interest or protection

How it works in practice in Florianópolis

1. Sign the purchase and sale agreement or the preliminary purchase and sale agreement.
2. Gather all the documents above at least 15 days before the deed is executed.
3. Pay ITBI before registering at the notary office.
4. Take the deed to the Real Estate Registry Office for the property’s location to complete registration — only after registration are you legally the owner.

At Regente, the Sales Manager follows this entire process, guiding you on each document and the timeline for each step.

Related questions

• What is ITBI, and who pays it?
• What’s the difference between a deed and a purchase and sale agreement?
• What is an occupancy permit (habite-se), and when is it required?

Questions about the paperwork? Talk to a Regente agent.

Short answer: The purchase and sale agreement formalizes the deal between the parties, but it doesn’t transfer ownership. The public deed is the document executed at a notary office that, once registered at the Real Estate Registry Office, legally transfers the property into the buyer’s name.

What the purchase and sale agreement is

The purchase and sale agreement (or promessa de compra e venda) is the first document signed between buyer and seller. It records the agreed price, payment method, timelines, and terms of the transaction. It’s a two-way commitment — both parties are bound to follow through on what was agreed.

Important: the purchase and sale agreement does not transfer ownership of the property. You can have a signed contract and still not be the legal owner.

What the public deed is

The purchase and sale deed is a document executed by a notary (cartório). It formalizes the transfer of ownership publicly and with notarial authority. For properties valued above 30 times the minimum wage, a public deed is legally required (art. 108 of the Civil Code).

But note: the deed alone doesn’t make you the owner either. The final step is registering the deed at the Real Estate Registry Office. Only after registration does the property legally pass into your name.

Step-by-step path to ownership transfer

1. Negotiation and signing of the purchase and sale agreement
2. Payment of the earnest money deposit (arras), if agreed
3. Execution of the public deed at the notary office
4. Payment of ITBI (the real estate transfer tax) to the city
5. Registration of the deed at the Real Estate Registry Office
6. Issuance of a new title certificate (matrícula) in your name — you are now the owner

Practical example in Florianópolis

A buyer signs a purchase and sale agreement for an apartment in Trindade in January and pays a 20% deposit. The deed is executed in March, after financing approval. Registration happens in April. From registration onward, the property’s title certificate lists the buyer’s name — and any rent (if there’s a tenant) now belongs to them.

What about bank financing?

When financing is involved, the bank requires the financing agreement to be registered along with the deed. The property remains pledged to the bank until the loan is paid off — recorded on the title certificate as a fiduciary guarantee (alienação fiduciária).

Related questions

• What is ITBI, and who pays it?
• What documents are required to buy a property?
• What is an occupancy permit (habite-se), and when is it required?

Want to understand each step of the purchase in more detail? Talk to a Regente agent.

Short answer: The habite-se is the document issued by the city government certifying that a building was constructed according to the approved plans and is fit for occupancy. It’s required for any built property, and its absence signals an irregularity.

What the habite-se is

The habite-se (Certificate of Completion) is issued by the municipal government after a technical inspection confirming the construction followed the approved plans and complies with the building code. In Florianópolis, it’s issued by the City of Florianópolis (PMF) upon request from the project’s technical lead.

Without a habite-se, the property is considered irregular in the eyes of the city — even if it’s in good physical condition.

When it’s required

The habite-se is required for every built property: houses, apartments, commercial units, and warehouses. It doesn’t apply to vacant land.

It’s required at two key moments:

• At purchase: the Real Estate Registry Office requires the habite-se to register the deed for a new property.
• For bank financing: banks require the habite-se as a condition for releasing the loan.

How it works in practice in Florianópolis

1. The project’s technical lead (an engineer or architect) requests the habite-se from the city (PMF) once construction is complete.
2. The city conducts an inspection to verify the construction matches the approved plans.
3. Once the inspection is approved, the city issues the Certificate of Completion.
4. The habite-se must be recorded on the property’s title certificate (matrícula) at the Real Estate Registry Office.

Buying a pre-owned property without a habite-se — what to do?

It’s possible to buy a property without a habite-se, but there are risks: difficulty getting financing, inability to register the deed in certain situations, and the risk of a stop-work order or fine from the city. Before closing on a property in this situation, assess the cost and timeline for regularizing it with a qualified professional.

At Regente, the agent advises on the property’s documentation status before any offer is made.

Related questions

• What documents are required to buy a property?
• What’s the difference between a deed and a purchase and sale agreement?
• How does buying a pre-construction property work in Florianópolis?

Have questions about a specific property’s documentation? Talk to a Regente agent.

Short answer: Buying “na planta” (off-plan, pre-construction) means purchasing a property that’s still being built or is still just a project, usually at a lower price than the market and with payments spread out during construction. In Florianópolis, it’s essential to check the developer’s track record and the development’s legal standing before signing anything.

What buying off-plan means

Buying off-plan means acquiring a property before or during its construction. The buyer makes payments throughout the build (the construction period) and, once the keys are handed over, settles the remaining balance — often through bank financing. The price tends to be lower than a finished property, but the risk is higher.

How it works in practice in Florianópolis

1. Choosing the development: assess the developer, their track record of delivering projects on time, and the company’s financial soundness.
2. Offer and reservation: once you choose a unit, you sign a purchase and sale agreement (promessa de compra e venda) with the developer.
3. Payments during construction: monthly installments throughout the build (referred to as “construction progress” payments).
4. Handover of the keys: once construction is finished and the occupancy permit (habite-se) is issued, the buyer settles the balance through bank financing or in cash.
5. Registration: after full payment and the occupancy permit, the deed is executed and registered at the notary office.

What to check before buying off-plan in Florianópolis

• Development registration at the notary office: the project must be registered at the Real Estate Registry Office before units are sold (Law 4,591/64).
• Segregated assets (patrimônio de afetação): ensures the construction funds are kept separate from the developer’s own assets — protecting the buyer in case the developer goes bankrupt.
• Developer’s track record: research past projects, delivery timelines, and complaints on consumer sites (Reclame Aqui) and Brazil’s consumer protection agency (PROCON).
• SPE or direct development: Regente does not work with SPEs (special-purpose entities) without prior review by the CEO — accepted developments go through a check of the developer’s financial soundness.

Delivery deadline and late-delivery penalty

Brazilian law allows up to 180 days of grace period beyond the contractual deadline. Delays beyond that entitle the buyer to a penalty. Check the contract’s penalty clause and grace period before signing.

Practical example in Florianópolis

A 2-bedroom apartment in Trindade launched off-plan at R$ 550,000: the buyer pays R$ 110,000 during construction (20%) and finances the remaining R$ 440,000 upon receiving the keys. By completion, the property may be worth R$ 620,000 on the market — a 12.7% gain in value during construction.

Related questions

• What is an occupancy permit (habite-se), and when is it required?
• What documents are required to buy a property?
• What’s the difference between a deed and a purchase and sale agreement?

Want to see the available new developments in greater Trindade? Talk to a Regente agent.