Compulsory Adjudication Extrajudicial: Deed in Notary Without Court Proceedings

Compulsory adjudication extrajudicial allows the buyer to obtain a final deed directly at the notary, without court proceedings. Law 14.382/2022 created this possibility and Ordinance CNJ 150/2023 regulated the operational details.

Before these regulations, anyone who bought a property and did not receive the deed had to go to court. The judicial process consumed 3 to 8 years on average. Now, the same result comes through in 3 to 8 months via the extrajudicial route.

In Florianópolis, this tool solves a recurring problem: thousands of properties sold by unrecorded sales contract never received a public deed. The seller died, moved away, refused to sign, or simply disappeared. Compulsory adjudication extrajudicial unlocks these situations.

Compulsory Adjudication Extrajudicial: What Changed with Law 14.382/2022

Compulsory adjudication extrajudicial gained express legal provision with Law 14.382/2022, which amended the Public Registry Act (Law 6.015/73). The new article 216-B established the basis of the procedure: the buyer may request adjudication directly from the competent Property Registry.

The change was a step forward for deproceduralization. Forcing the buyer to seek the Judiciary when they have already paid in full and hold a valid contract created unnecessary social cost. The legislator corrected this.

Ordinance CNJ 150/2023: The Definitive Regulation

The National Council of Justice published Ordinance 150 in September 2023 to govern the procedure across the entire national territory. The central points:

• Mandatory lawyer: the applicant must be represented by an attorney
• Notarial deed: the notary draws up a deed proving payment and refusal or impossibility of execution
• Seller notification: the notary office notifies the seller or heirs
• Challenge period: 15 business days to contest
• Silence counts as agreement: without challenge, the registrar adjudicates
• Direct registration: adjudication generates a registration in favor of the buyer

The Ordinance also defined that any contract serves as a basis, provided it proves the obligation to execute the deed and full payment of the price.

When Does Compulsory Adjudication Extrajudicial Apply?

The tool applies to specific situations. The common denominator: the buyer fulfilled their contractual obligations, but cannot obtain the deed due to the seller’s act or omission.

Seller Died Without Leaving the Deed

A very frequent situation in Florianópolis, especially in cases of inventory with irregular property. The buyer acquired the property years ago, paid everything, but the seller died before executing the deed. The seller’s heirs may not exist, may not want to cooperate, or may not even know about the transaction.

Compulsory adjudication extrajudicial solves this without requiring the buyer to locate or sue the heirs. The notary office notifies them, and silence authorizes the registration.

Seller Refuses to Execute the Deed

The seller is alive and accessible, but refuses the deed. Common reasons: regret, dispute over values, attempt to resell to a third party, or plain bad faith.

In this case, the buyer presents the paid contract and requests adjudication. The notary office notifies the seller. If he challenges with valid legal grounds, the case moves to the judicial route. Without a substantiated challenge, the registrar adjudicates.

Seller Disappeared or Cannot Be Located

The seller changed address, left the country, or does not respond to any contact attempts. The buyer exhausts the means of locating him and proves the diligence.

Ordinance CNJ 150/2023 allows notification by edict when the seller cannot be found. After the edict period without response, the procedure continues normally.

How the Procedure Works at the Notary Step by Step

The process requires documentary organization and lawyer oversight. The stages follow a logical and mandatory sequence.

Documents Necessary for the Notary

The request must contain:

• Purchase and sale contract (private or public) with proof of payment
• Personal documents of buyer and seller (when available)
• Current property registration certificate
• Notarial deed proving the situation (payment, possession, refusal, or impossibility)
• Certificates from civil and federal court clerks — complete due diligence is recommended
• Proof of payment of property tax (IPTUIPTUVer tudo →) and municipal fees
• Power of attorney to the lawyer with specific powers

The lawyer prepares the formal request addressed to the officer of the competent Property Registry.

Notification and Procedure Deadlines

After filing the request, the registrar follows this flow:

• Documentary review — the officer verifies document regularity (5 to 15 days)
• Seller notification — personal, by mail, or by edict (15 to 30 days)
• Challenge period — 15 business days after notification
• Registrar decision — without challenge, adjudicates in favor of the buyer (5 to 10 days)
• Registration — annotation in the property registration record

The average total timeframe in Florianópolis ranges from 3 to 8 months. Simple cases, with a notified and silent seller, close in 3 months. Cases with edicts and additional diligences extend to 8 months.

How Much Does It Cost and How Long Does It Take in Florianópolis?

The total investment for compulsory adjudication extrajudicial in Florianópolis falls in the range of R$ 3,000 to R$ 10,000, depending on the property value and case complexity. To compare with other routes, see the cost of regularization in the city.

Costs Detailed by Stage

ITBIITBIVer tudo → may or may not apply, depending on the municipality’s interpretation of the nature of adjudication. If the buyer intends to finance the property after adjudication, they should prepare financing documentation in parallel. In Florianópolis, the Treasury Office typically requires the tax when the procedure involves onerous transfer.

The comparison with the judicial route highlights the savings:

• Judicial route: R$ 8,000 to R$ 25,000, timeframe of 3 to 8 years
• Extrajudicial route: R$ 3,000 to R$ 10,000, timeframe of 3 to 8 months

The difference in cost and time justifies, in most cases, choosing the extrajudicial route. For those seeking to regularize property in Florianópolis, extrajudicial adjudication stands out among the most agile options.

Frequently Asked Questions About Compulsory Adjudication Extrajudicial

Do I need a lawyer for compulsory adjudication extrajudicial?

Yes. Ordinance CNJ 150/2023 requires representation by an attorney. This requirement protects the buyer and ensures proper instruction of the request.

Does an unrecorded sales contract serve as a basis for adjudication?

Yes, provided it proves the obligation to execute the deed and full payment. Private contracts, even without notarized signature verification, are accepted when accompanied by complementary proof (receipts, transfer statements, witness testimony).

What if the seller challenges the adjudication?

If the challenge has legal grounds (such as allegation of non-payment), the registrar ends the extrajudicial procedure. The buyer must seek the judicial route. Generic or baseless challenges are rejected by the officer.

Can I use adjudication for property without a registration record?

No. Compulsory adjudication requires an existing registration record in the Property Registry, as the result is a registral transfer. For properties without a registration record, the appropriate route is adverse possession (usucapião) or REURB. Also understand the difference between registration record vs. possession to choose the correct tool.

Does extrajudicial adjudication apply throughout Brazil?

Yes. Law 14.382/2022 is federal and Ordinance CNJ 150/2023 has national scope. Any Property Registry must process the request, regardless of state.

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