Real Estate Due Diligence: Complete Checklist of Certificates for Buying Safely

Real estate due diligence certificates is the stage of documentary investigation that precedes any property purchase. The objective: identify legal, tax, and urban risks before signing the contract and paying the price.

Those investing in properties in Florianópolis face particularities that make this analysis even more critical. Federal marine lands, preservation areas, lots on mother title registrations, and a history of informal contracts require detailed verification.

• Due diligence examines certificates of the property, the seller, and supplementary certificates
• The updated property registration record — the central document — has validity of only 30 days
• Law 13.097/2015 concentrated the risks in the property registration record, but did not eliminate the need for other certificates

Below is the complete checklist of certificates, where to obtain them, the validity of each, and the analysis procedure.

What is real estate due diligence certificates and why do it?

Real estate due diligence certificates consists of gathering and analyzing all documents that reveal the legal situation of the property and the seller. The term comes from English and means “due diligence” — the minimum care that a prudent buyer should exercise.

The analysis protects against liens on the property (liens, mortgages, usufructs), urban restrictions (embargo, preservation area, setback) and liabilities of the seller (tax executions, labor executions, bankruptcy). The risks of buying property without clear title illustrate what happens without this verification.

Law 13.097/2015 and the principle of concentration in the property registration record

Law 13.097/2015 established that legal acts concerning properties only produce effects against third parties in good faith if recorded in the property registration record (Source: planalto.gov.br — Law 13.097/2015). This principle protects the buyer who reviews the property registration record and finds no restrictions.

• Before this law, liens in distant judicial districts could reach the buyer even without being recorded in the property registration record
• After the law, anyone listed as a third party in good faith and who consulted the property registration record has enhanced protection
• The protection is not absolute: fraud against creditors and simulations can still void the sale

Complete checklist: 15+ certificates for buying property safely

The list below organizes the certificates into three groups. For each one, we indicate where to obtain it and its usual validity.

Certificates of the property

• Updated property registration record — Registry of Real Property of the jurisdiction — validity: 30 days
• Certificate of liens — same registry — reveals liens, mortgages, arrests — validity: 30 days
• Negative tax certificate for real estate tax — Municipality of Florianópolis (PMF) — proves municipal tax compliance
• Certificate of tax situation of the property — Federal Tax Authority (for rural properties: land tax)
• Certificate of urban viability — Municipality / Planning Department — verifies zoning and permitted use

Certificates of the seller — natural person

• Negative certificate of labor debts (CNDT) — tst.jus.br — validity: 180 days
• Certificate of civil distribution — TJSC (tjsc.jus.br) — actions in the judicial district of the property and domicile of the seller
• Certificate of federal distribution — Federal Court (jfsc.jus.br) — tax executions, federal actions
• Negative certificate of labor court actions — TRT12 — labor actions
• Certificate of protests — Central of Protests of Florianópolis — validity: 30 days
• Certificate of interdiction and guardianship — TJSC — verifies civil capacity of the seller

Certificates of the seller — legal entity

When the seller is a company, add:

• Simplified certificate from the Commercial Registry — JUCESC — confirms existence and legal representatives
• Negative certificate of bankruptcy and judicial recovery — TJSC — validity: 90 days
• Federal tax compliance certificate (taxes and social security) — Federal Tax Authority — validity: 180 days
• State tax compliance certificate — State Finance Department/SC — ICMS tax debts

Supplementary certificates for Florianópolis

Florianópolis requires attention to documents specific to the area that do not appear in generic checklists.

Emphyteutic certificate for federal marine lands

For properties in coastal areas, request the certificate of patrimonial situation from SPU (Federal Patrimony Secretariat). This document reveals if the land qualifies as federal marine land and if there are debts for rent, occupation fees, or transfer payments pending.

• Without this certificate, the buyer can acquire a property with debts to the Federal Government
• The transfer payment of 5% is levied on the transaction and must be paid before registration
• In Florianópolis, approximately 30,000 properties are in federal marine land area (Source: SPU/SC — gov.br)

Also request the certificate of environmental compliance from FLORAM (Municipal Foundation of Environment) for properties near dunes, native vegetation, or protected areas. Documentation for real estate financing also requires many of these certificates.

How to analyze the certificates obtained?

Gathering the certificates is half the work. The other half requires technical reading and cross-referencing of information.

Documentary analysis procedure

The attorney or real estate consultant should follow this sequence:

• Read the property registration record fully — verify ownership chain, recorded items, liens, mortgages, and registered area
• Compare the property registration record area with the topographic survey — discrepancies indicate boundary invasion or registration error
• Cross-reference the seller’s ID/tax number with all distribution certificates — any action can create future risk
• Verify the origin of the property — if the seller acquired it less than 3 years ago, analyze the previous sale (risk of fraud against creditors — Article 158 of the Civil Code)
• Confirm payment of real estate tax and fees — prior debts follow the property, not the debtor
• Positive certificates do not automatically prevent the purchase. They depend on analysis of the value and nature of the action
• Tax execution actions against the seller trigger maximum alert: they can generate liens at any time
• Properties with more than one property registration record (overlap) require correction before purchase

What changed in due diligence after Law 13.097/2015?

Law 13.097/2015 brought the principle of concentration of acts in the property registration record. In practical terms: if the property registration record of the property registers no restrictions, the buyer in good faith is protected against unrecorded liens.

Before the law, creditors could claim fraud even without having recorded the lien in the property registration record. The buyer needed to search certificates in dozens of judicial districts for protection. The law reduced this burden, but did not eliminate it.

• The Superior Court of Justice still recognizes fraud against creditors even without recording, in cases of proven collusion (Source: stj.jus.br)
• Administrative impropriety and environmental actions can affect the property regardless of registration
• The technical recommendation remains: obtain all certificates, even with the protection of the law. If you identify irregularities, see how to regularize property in Florianópolis

What are the risks of not doing real estate due diligence?

Skipping due diligence exposes the buyer to losses that go far beyond the amount invested.

Eviction: loss of property after purchase

Eviction occurs when the buyer loses the property by court decision in favor of a third party with prior right. This happens when the seller was not the true owner or when there was an unidentified lien.

• The buyer can seek damages against the seller, but enforcement of that judgment is slow and uncertain
• If the seller has no assets, the buyer loses the property and the money

Hidden liens and fraud against creditors

A seller in debt can sell the property to dispose of assets before creditors reach them. The Court may declare the sale ineffective (fraud on execution) or voidable (fraud against creditors).

• Fraud on execution: the creditor does not need to prove bad faith by the buyer. It is enough that an action existed against the seller on the date of sale
• Fraud against creditors: requires a paulian action and proof of collusion or knowledge of fraud

In Florianópolis, labor and tax actions against builders and developers generate liens that affect unit buyers. Due diligence identifies these risks before they materialize.

• Properties in inheritance with irregular property can have heirs who contest the sale
• Properties in federal marine land area without an SPU certificate stall at the registry when registering
• Land without occupancy permit prevents bank financing and insurance
• For those still deciding, it is worth evaluating whether it makes sense to buy or rent in Florianópolis before investing

Frequently asked questions about real estate due diligence and certificates

How much does a complete due diligence cost?

The cost of certificates ranges from R$ 500 to R$ 1,500. Attorney fees for analysis range from R$ 1,500 to R$ 5,000, depending on the value and complexity of the property. If the property is irregular, the next step is to regularize the property. This investment represents less than 1% of the property value and can prevent losses of 100%.

What is the most important certificate?

The updated property registration record of the property. It concentrates the entire legal history of the asset: previous owners, liens, mortgages, and recorded items. No analysis begins without it.

Do I need an attorney to do due diligence?

The law does not require it, but technical analysis of certificates requires legal knowledge. A seemingly clean document can contain recorded items indicating risk. The cost of the attorney is trivial compared to the value at stake.

Does due diligence replace title insurance?

No. Due diligence identifies risks before purchase. Title insurance, common in other countries and emerging in Brazil, covers losses from undiscovered defects. These are complementary instruments.

How long does it take to gather all certificates?

Between 5 and 15 business days. Online certificates come out in minutes. Physical certificates (some Registries of Distribution, FLORAM) require in-person request and issuance time of 3 to 7 days.

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