Escritura pública (public deed)
Escritura pública Public deed
A public deed is an authentic document drawn up by a notary that formalises a legal transaction. A contract for the sale of real estate is only valid if made by public deed or by an authenticated private document, unless special legislation provides otherwise. It is the moment ownership passes.
In practice
A buyer arrives at the deed with IMT and stamp duty already paid, with the caderneta predial and the certidão permanente checked and, where there is a loan, with the bank present. The date depends on all of that being ready, which is why the date agreed in the promissory contract is usually set with room to spare.
One step after the deed is not optional: the acquisition has to be entered in the land registry. Whoever draws up the document is obliged to apply for that registration, but it is worth confirming it was done, because it is the registry that produces the certificate proving ownership to third parties. The deed is no longer the only route: an authenticated private document carries the same weight.