Buying off-plan in Brazil as a foreigner

What to check before you sign

• The registration of the development plan (memorial de incorporação) at the property registry. The developer can only sell units after it (Law 4,591/1964, art. 32), and the registration number and registry office must appear in the ads, proposals and contract (art. 32, § 3).
• The summary table at the start of the contract (quadro-resumo): price and payment terms, the index that corrects the installments, the consequences of cancelling, the right of withdrawal, the registration number and the deadline for the occupancy permit (habite-se) (art. 35-A).
• Whether the project is under the segregated-assets regime (patrimônio de afetação), which you can see on the land's registration record (matrícula).

Patrimônio de afetação: the project protected from the developer's debts

Under the segregated-assets regime, the land and the construction are separated from the developer's other assets and only answer for the debts of that project (Law 4,591/1964, art. 31-A, § 1). If the developer goes bankrupt, the segregated project is not part of the bankruptcy (art. 31-F).

The regime is optional: the developer decides (art. 31-A). It exists from the moment it is recorded on the land's registration (art. 31-B), so ask for the updated matrícula before signing.

Price correction during construction (INCC)

Installments paid during construction are usually corrected by the INCC, a construction cost index published by FGV. No law requires the INCC: the contract must state which index applies (art. 35-A), and Law 10,931/2004 (art. 46) allows monthly correction by a sector or general index in contracts of 36 months or more.

For reference, the INCC-M rose 0.35% in October 2026 and 6.75% in the previous 12 months (FGV IBRE, released October 27, 2026).

If the delivery is late

• A delay of up to 180 calendar days after the contract date does not allow cancellation or a penalty, if that tolerance is clearly stated in the contract (Law 4,591/1964, art. 43-A).
• After 180 days, a buyer who is up to date can cancel and get back everything paid plus the contractual penalty, corrected, within 60 days (art. 43-A, § 1).
• Or wait for the delivery and receive 1% of the amount paid for each month of delay beyond the 180 days; it cannot be combined with the cancellation penalty (art. 43-A, §§ 2 and 3).

If you want to cancel (distrato)

Right of withdrawal: a contract signed at a sales stand or outside the developer's office can be undone within 7 days with a full refund, including the commission. The proof is a registered letter with acknowledgment of receipt (art. 67-A, §§ 10 to 12).

At delivery: occupancy permit, registration and ITBI

• After the occupancy permit (habite-se), the developer must record the construction on the registration, and answers for losses if it delays (Law 4,591/1964, art. 44).
• Each unit can have its own registration record (matrícula) from the registration of the development; until the construction is recorded, acts are made on the original record and repeated on the units' records (Law 6,015/1973, art. 237-A).
• In Curitiba, the property transfer tax (ITBI) is 2.7% of the price in the deed or financing contract, unless that is below the city's reference value (Complementary Law 108/2017). When it falls due on an off-plan purchase depends on how the transfer is formalized; we check it for each contract.

Off-plan and under construction in Curitiba

Developments in our catalogue that are in pre-launch, launch or under construction, with the expected delivery date: