Atlas · Governance
Public deed is mandatory for real rights over real estate worth more than 30 times the minimum wage
AnswerA public deed is mandatory for legal transactions aiming to establish, transfer, modify, or waive real rights over real estate valued at more than 30 times the highest minimum wage in effect in the country.
Reviewed on 2026-10-02 · next review 2027-04-02
Data
| Who | Criterion | Consequence | Source | Data of record |
|---|---|---|---|---|
| Any legal or natural person | Real estate value exceeding 30 times the highest minimum wage in effect | Public deed is essential for the validity of the legal transaction | Law 10.406/2002 (Civil Code), art. 108 | 10/01/2002 |
Data consulted on 02/10/2026.
Basis
- Law No. 10.406/2002 (Civil Code, Planalto) (Planalto, in Portuguese): Art. 108 states that a public deed is essential for the validity of legal transactions involving the establishment, transfer, modification, or waiver of real rights over real estate valued at more than 30 times the highest minimum wage in effect in the country.
How it applies
The rule applies to all legal transactions involving real rights over real estate (such as purchase and sale, donation, mortgage, usufruct, etc.), provided the property value exceeds 30 times the highest minimum wage in effect in the country at the time of the transaction. A public deed is required to ensure the validity of the act, regardless of the nature of the parties involved (natural or legal persons).
Limits
- The rule does not apply to transactions involving real estate valued at 30 times the minimum wage or less, which can be formalized through a private written document or even without formal documentation (though testimonial evidence is limited to values up to 10 times the minimum wage, as per art. 227, revoked by Law 13.105/2015).
- The minimum wage value must be the one in effect on the transaction date, not the date of the law's publication.
- This file does not cover cases of real rights over movable property or transactions that do not involve real rights (e.g., lease, renting).
- Subsequent changes to the Civil Code should be verified directly from the official source (Planalto).