What is a property annotation (averbação)?
In short: An averbação is the act of recording any change in a property’s status or its owner’s status directly on the title record at the Real Estate Registry Office. Without the annotation, the change doesn’t exist legally — and it can hold up a sale or financing.
What can be annotated
- Construction or expansion: when a structure (house, apartment, garage) is built on the lot — the title record then reflects the actual property, not just the land
- Demolition: removal of an existing structure
- Owner’s marriage: changes the property regime and shared ownership
- Divorce: the settlement judgment, once annotated, establishes who owns the property from that point on
- Name change: from marriage or a legal name correction
- Release of a fiduciary guarantee or mortgage: once the loan is paid off, releasing the lien is annotated — the property becomes free and clear
- Subdivision or merger: splitting one lot into two, or combining two properties into one
- A lease with a term over 10 years: can be annotated to protect the tenant in case the property is sold
Why the annotation matters in practice
Imagine you built a house on a lot but never annotated the construction. As far as the notary office — and the bank — is concerned, the property is still just land. Result: you can’t finance it as a residential property, its appraised value is lower, and the deed may not match the physical reality.
The same applies to divorce: without an annotation of the settlement, the property still shows the ex-spouse’s name. Any attempt to sell would require their signature — even years later.
How to file an annotation
- Gather the supporting document for the change:
- Construction: certificate of occupancy (habite-se) or completion certificate from the city
- Marriage/divorce: marriage certificate or the settlement judgment annotated in civil records
- Loan payoff: the payoff statement issued by the bank
- File it at the relevant registry office (CRI) — in person or through an attorney or paralegal (despachante)
- Pay the notary fees (they vary by type of annotation and the property’s value)
- Wait for the review period: generally 5 to 15 business days
Legal deadline
The law doesn’t set a mandatory deadline for most annotations — but failing to make them can block financing, a sale, or probate. The recommendation is to file the annotation immediately after any relevant change, especially completion of construction and loan payoff.
About properties in Florianópolis
New developments in Greater Trindade often reach the market with the title record still in the developer’s name and construction not yet annotated. Buyers need to check whether the construction annotation has been completed before registering the deed — otherwise, the property remains “on paper” as far as the CRI is concerned.
Related questions
- What is a property title record (matrícula) and what is it for?
- What is a lien certificate (certidão de ônus reais), and when should I request one?
- What documents are required to sell a property?
- How does the property sale process work at Regente?
Need to bring your property’s documentation up to date? Regente can guide you.