Real Estate

Barbieri Advogados acts in real estate law through a practice that combines advisory, contentious and transactional work in urban and rural operations. The practice operates at a moment of concurrent structural transformation: the Brazilian Legal Framework for Guarantees (Lei nº 14.711/2023) redefines well-established premises of alienação fiduciária (fiduciary security in real estate), extrajudicial auctions and security instruments in real estate developments; in parallel, the Brazilian Tax Reform (Lei Complementar nº 214/2025) introduces a specific tax regime for real estate operations — taxation under IBS and CBS (the new value-added taxes introduced by the reform) on real estate developments, leasing and the transfer of properties, with complex transitional regimes. The firm guides clients through this transition, with a rigorous technical reading of the changes and strategies calibrated to each client’s specific property and operational exposure.

Real estate transactions and operations. The firm acts in the purchase and sale of urban and rural properties, real estate developments, land subdivisions, condominium developments and structured projects, with real estate due diligence, the review of property records and encumbrances, the structuring of real estate security and the drafting of contractual instruments tailored to each transaction. In real estate development transactions, the firm advises developers and purchasers throughout all phases — registration of the memorial de incorporação (the registered development plan), patrimônio de afetação (the legally segregated estate dedicated to the development), preliminary purchase and sale agreements, and matters related to the delivery of units.

Commercial leases. The firm drafts, reviews and negotiates non-residential lease agreements in complex structures — built-to-suit, sale and leaseback, shopping centre leases and corporate commercial space agreements. The firm also acts in assignments, direito de superfície (surface use rights), direito de laje (independent ownership of separate floors) and other instruments related to the administration of business properties.

Title regularisation and land registry matters. The firm conducts, with established practice, procedures of extrajudicial usucapião (adverse possession registration under Provimento CNJ nº 65/2017) and judicial usucapião in all its forms — extraordinary, ordinary, special urban, special rural, familial and collective — in direct coordination with land registries and competent authorities. The firm also acts in title rectifications, registrations of supervening events, compulsory adjudications, urban planning compliance, and procedures for urban land regularisation under Lei nº 13.465/2017 (Reurb — Urban Land Regularisation Programme), including Reurb-S (social-interest regularisation), Reurb-E (specific-interest regularisation), legitimação fundiária (land legitimisation) and legitimação de posse (possession legitimisation).

Real estate litigation. The firm acts in possessory actions, ações reivindicatórias (actions for the recovery of property based on title), embargos de terceiro (third-party objections to seizure), compulsory adjudication actions, defence in extrajudicial enforcement by alienação fiduciária, ações revisionais (contractual review actions) on real estate contracts, and other disputes involving real rights and real estate contracts, at every level of jurisdiction.

The practice works in close coordination with Tax on the tax implications of real estate operations (IBS, CBS, ITBI — municipal real estate transfer tax, IPTU — annual urban property tax), with Wealth and Succession on the transfer of real estate and real estate holding companies, with Corporate on the structuring of real estate transactions through special-purpose vehicles, and with Banking and Finance on real estate financing transactions and security instruments.