What to do when the property in the estate inventory does not have the building registered?

Vai fazer inventário e descobriu que a casa não está registrada? Calma, tem solução; mas é essencial analisar com atenção os riscos e as soluções viáveis para o seu caso.

When it comes to organizing the inventory of an asset left to them by a deceased person, many families come across irregular property registrations, i.e. registering a property that doesn't correspond to the actual building, or even just the land, without mentioning any building, even if there is a house or building on the site.

This situation is more common than you might think - and requires attention according to the particularities of the case, so as not to hinder the process of dividing up the estate.

-> After all, can I do the inventory even if the property is irregular?

The answer is: it depends on the case.

In many municipalities, even if the house was built years ago, the property registration still only records the land, because the construction was never officially registered with the Real Estate Registry Office.

This can happen for various reasons: lack of resources, lack of technical documentation or even ignorance of the need for regularization. But when it comes to sharing the inheritance, this detail can prevent the inventory from being registered and, consequently, the heirs from taking ownership of the property.

-> But why does this happen?

The registration of the construction at the Real Estate Registry Office depends on a series of documents and costs, such as:

• Project drawn up by a civil engineer;

• Issuance of a building permit by the town hall;

• Payment of municipal taxes;

• Registration of the building on the property register.

As it involves time and investment, many property owners leave this regularization for later - and it ends up not being done.

-> What is best to do?

Ideally, the construction registration (inclusion of the house in the property register) should be done before the inventory is finalized, with the support of an engineer, the issuance of the building permit and payment of the corresponding fees. However, we know that this is not always possible - for financial reasons or family urgency.

For this reason, there are situations in which it is possible to proceed with the inventory of the land alone, leaving the regularization of the construction to a later date. But beware, this is not guaranteed in all cases.

-> Can the registry office prevent the inventory from being registered?

If the inventory states that there is a building on the land, but this is not included in the registration, the Land Registry Office may refuse to register the partition.

In addition, many town halls carry out aerial inspections and update the built-up area directly on the IPTU. When the IPTU booklet shows a house, but the registration doesn't, this can also lead to conflict and block the process.

In other words, it's not enough to complete the inventory, you have to make sure it will be accepted by the Notary's Office.

-> What about the value of the property?

Another important point is that an irregular property tends to be worth up to 40% less on the market. In other words, even if probate is possible, selling the property or obtaining financing may become more difficult or disadvantageous for the heirs.

The ideal is always to consult a lawyer specializing in probate and real estate to understand the best solution.

In some cases, regularizing the construction will be a mandatory condition for registering the partition. In others, it will be possible to proceed with the inventory as it is, leaving the registration for a more opportune moment.

Talk to our team and receive the guidance you need to conduct the inventory in the best possible way.