Como Regularizar um Imóvel já Construído? Entenda o Processo por Decadência

Summary

In this video, civil engineer Thiago from HRT Projeto explains a step-by-step process to regularize residential properties that were built without proper permits or documentation. He guides viewers through verifying property records, obtaining technical responsibility documentation, securing municipal approvals, and proving construction timelines to the tax authorities. Thiago emphasizes the importance of accurate documentation to benefit from INSS fee exemptions and the statute of limitations. By following his detailed four-step approach—including property registry checks, project approval, INSS registration, and final verification—homeowners and professionals can ensure their properties comply legally and avoid potential financial and administrative issues.

Takeaways

• 🏠 Many residential properties remain irregular due to missing permits, projects, or official registrations with public authorities.
• 📑 Property regularization becomes especially important when owners want to sell, finance, or legally transfer a property.
• 🛠️ The video explains how to regularize an old residential property using a decadence process to obtain exemption from INSS taxes.
• 📋 The first step is obtaining the property registration document (matrícula) from the real estate registry office.
• 🔍 It is essential to verify whether any previous construction is already registered on the property record before starting the process.
• ⚖️ The property record must also be checked for debts, liens, financing issues, or ownership inconsistencies.
• 👷 A technical responsibility document (ART/RRT/TRT) must be issued by the engineer, architect, or technician responsible for the regularization project.
• 🏛️ The city hall must issue a regularization building permit and occupancy certificate specifically indicating that the process is for property regularization.
• 📅 The first property tax record (IPTU) helps prove when the construction was completed.
• 💡 Water or electricity connection records are commonly used as official proof of when the construction work started.
• 🧾 The Cadastro Nacional de Obras (CNO) must be registered with the Federal Revenue Service to generate the construction registration number.
• 💻 The DISO declaration must be completed carefully using accurate information from all collected documents.
• ⏳ To qualify for INSS tax exemption through decadence, the property must have been completed and in use for more than five years.
• 🚨 Any inconsistency between documents, dates, or owner information may cause the Federal Revenue Service to reject the decadence request.
• ✅ After document verification, the Federal Revenue Service can issue a negative debt certificate (CND), confirming there are no pending INSS charges.
• 📂 The final step is registering the approved documents and CND at the real estate registry office to officially legalize the property.
• 🎉 Once the registration is completed, the property becomes fully regularized and officially recorded with the updated construction details.

Q & A

What is the main objective of the video presented by Thiago?

The video aims to teach viewers how to regularize a residential property with a process of decadence and obtain exemption from INSS fees, even for older constructions without prior permits.

What common situations lead to irregular properties according to the video?

Irregularities often occur due to construction without permits, unfinished projects, lack of documentation, or failure to register previous demolitions or constructions at the registry office.

Why is the five-year period important in the process of regularizing a property?

A property must have been completed and in use for more than five years to qualify for decadence and exemption from INSS fees, as the law allows older works to be exempt from these charges.

What are the three key pieces of information to check in the property registry before starting regularization?

1) Verify if there is any constructed area already registered; 2) Ensure the property is free of liens or debts; 3) Confirm the property is registered under the current owner's name.

What role does the RT (Responsibility Technician) play in the process?

The RT, either an engineer or architect, issues a technical responsibility statement for the project, specifically noting that it is for regularization/averbação purposes.

Why is it necessary to request an alvará de habitação (occupancy permit) for regularization?

The occupancy permit confirms to the municipality that the property is being regularized and not newly constructed, which is crucial for proper documentation and later procedures with the tax authorities.

How can the start and completion dates of construction be verified if old receipts and invoices are missing?

The start date can be proven through the first utility connection (water or electricity) at the property, while the completion date is determined by the first property tax (IPTU) assessment.

What is the significance of registering the property in the Cadastro Nacional de Obras (National Construction Registry)?

Registering in the National Construction Registry generates a project number used to fill out official documents for the INSS and Receita Federal, formalizing the regularization process.

What should be done to ensure all documents are accepted by the Receita Federal?

All documents must be carefully reviewed for accuracy and consistency, including dates, names, addresses, and identification numbers, to avoid discrepancies that could lead to fee collection.

What is the final step after Receita Federal approves the documents?

Once approved, the property owner requests the registry office to perform the averbação (official registration) of the property, finalizing the regularization process.

Why might property owners not initially regularize their property?

Often due to cultural habits, lack of information, or underestimation of legal requirements, property owners may avoid hiring a responsible technician or fail to submit proper documentation to municipal authorities.

How does this regularization process benefit property owners who want to sell their property?

Regularization ensures the property is legally compliant, making it eligible for sale, financing, or other legal transactions, and avoids future disputes or penalties.