debzor
New Member
Simple question. Experience and informed advice welcomed rather than speculation...
Minor piece of clarification - "beach property" = actual property located on a beach or do you mean "a property with private access to a beach" or "legally owning the actual beach"Simple question. Experience and informed advice welcomed rather than speculation...
Sorry for the confusion, and I agree - all beaches in Brazil are public, even the ones that claim to be 'private'.Minor piece of clarification - "beach property" = actual property located on a beach or do you mean "a property with private access to a beach" or "legally owning the actual beach"
I know of properties which have been bought and sold with private beaches - in the sense that the beach can only be accessed by land through the property and there is no public access however I also know of similar lands where the government created a public access to the beach (after almost 25 years of there being no access and the beach being considered "private")
I have not yet come across any beach which is privately owned and can not be used by the local population. Because of the numerous examples where the beach is for all means and purposes "private" yet the public are entitled to use it if they access it by the sea, I believe it is not possible for anyone to own a beach.
In that case yes they can - I know a chap who bought all the land surrounding a stunning bay 25 years ago and owns all the land surrounding the beach - the only part of the land he doesn't own is the beach - it was on this land that the government recently made a road giving access to the beach for the local population.Sorry for the confusion, and I agree - all beaches in Brazil are public, even the ones that claim to be 'private'.
I was referring to property located within (or close to) the 33m of the 1831 high tide mark, ie on marina land. Beach property in that sense.
He is a foreigner, non-resident in Brazil, with no Brazilian business?In that case yes they can - I know a chap who bought all the land surrounding a stunning bay 25 years ago and owns all the land surrounding the beach - the only part of the land he doesn't own is the beach - it was on this land that the government recently made a road giving access to the beach for the local population.
For foreigners purchasing land up to 100meters of Marine area there is a need to have authorization from the Republic President which is then passed on to the SPU who registers Marine land. This is now all dealt with in Brasilia causing a delay in the transfer documents required to transfer Title. It can in theory be denied.I am not aware of any restriction in general preventing foreigners from owning beachfront property, indeed, many do.
Do you have a link where we can see this statute that requires Presidential approval for foreigners? ThanksFor foreigners purchasing land up to 100meters of Marine area there is a need to have authorization from the Republic President which is then passed on to the SPU who registers Marine land. This is now all dealt with in Brasilia causing a delay in the transfer documents required to transfer Title. It can in theory be denied.
The information came from my lawyer which I have quoted below in Portuguese, after I asked the question...Do you have a link where we can see this statute that requires Presidential approval for foreigners? Thanks
Just for clarification, this is not about transferring title, but rather registering the title after transfer with the SPU as required by law. Many brokers and agents who are not CRECI licensed are not aware of this, just like many Brazilians, but clearly you are!*Until December last year all SPU land was dealt with at the local tax office in Fortaleza for the state of Ceará. Now it is in Brasilia for all states and has caused extreme delays in providing the CAT transfer doc required to transfer title deed.*
We transferred a beach property here in Genipabu/Natal through the Patrimonio da Uniao just last week.We paid the laudemio(5%) and received the CAT transfer document 5 days later on-line.We now have to take the public deed back to the SPU to get it registered there.This takes around 60days.
There is no restriction on foreign nationals buying beachfront properties.We have sold quite alot over the last 5 years here in the north of Natal and have not had any problems transferring title so far.
The only restriction for foreigners non resident buyng land in Brazil are the ones considered in National Security sites (for example next to a military base or on the borders of Brazil, as stated by Rob) and Rural Areas (not all of them). Going to the point, I have a non resident English client who bought over 15 beach frot properties (located within (or close to) the 33m of the 1831 high tide mark - Decreto-Lei 9.760/46) and we had no problem at all registering them, and I mean in the Cartorio (Notarial) and in the GRPU (Gerencia Regional do Patrimonio da União) which is the local SPU in most of the states of Brazil. The law doesn´t put any restriction, so should be odd if they didn´t authorize.Just for clarification, this is not about transferring title, but rather registering the title after transfer with the SPU as required by law. Many brokers and agents who are not CRECI licensed are not aware of this, just like many Brazilians, but clearly you are!
The completed and registered esritura must be taken with the ID of the buyer and registered with the SPU. It looks like in Natal the SPU is also local?
The law that restricts foreigners owning beachfront is article 205 of the Decree 9.760/46.The only restriction for foreigners non resident buyng land in Brazil are the ones considered in National Security sites (for example next to a military base or on the borders of Brazil, as stated by Rob) and Rural Areas (not all of them). Going to the point, I have a non resident English client who bought over 15 beach frot properties (located within (or close to) the 33m of the 1831 high tide mark - Decreto-Lei 9.760/46) and we had no problem at all registering them, and I mean in the Cartorio (Notarial) and in the GRPU (Gerencia Regional do Patrimonio da União) which is the local SPU in most of the states of Brazil. The law doesn´t put any restriction, so should be odd if they didn´t authorize.
Ok. Let me try to explain. As you probably know the article 205 has to be combined with art. 100, letter "a". Letter "a" says that any "aforamento" regime over the properties mentioned needs an authorization from those government sections listed. Article 205 says that a foreigner needs an authorization from the President to buy those properties, but the Decreto 3.125/1999 gives the power (a delegate power) to authorize the aforamento to the "Ministro de Estado do Planejamento, Orçamento e Gestão", who is, in fact, the head of Patrimonio da União. So, in another words, there is no difference in between a Brazilian and a foreigner buying beach side property, both need an authorization from SPU (GRPU in cases where this one, like Natal).The law that restricts foreigners owning beachfront is article 205 of the Decree 9.760/46.
Read my earlier post about how to get around it.
Yes, I see what you are getting at, except that a foreigner still (potentially) needs more than a simple registration at the SPU, they need the delegated approval of the President.Ok. Let me try to explain. As you probably know the article 205 has to be combined with art. 100, letter "a". Letter "a" says that any "aforamento" regime over the properties mentioned needs an authorization from those government sections listed. Article 205 says that a foreigner needs an authorization from the President to buy those properties, but the Decreto 3.125/1999 gives the power (a delegate power) to authorize the aforamento to the "Ministro de Estado do Planejamento, Orçamento e Gestão", who is, in fact, the head of Patrimonio da União. So, in another words, there is no difference in between a Brazilian and a foreigner buying beach side property, both need an authorization from SPU (GRPU in cases where this one, like Natal).
The reason for that is, as explained before, to restrict the sale of properties located in within areas considered of National Security to Brazil. This areas are already listed to the local SPU offices, and they´ve been like that for ages. That´s why foreigners have no problems to get a proper registration to their beach side properties.
Hi,Using the words beach and beachfront is a case of semantics. In Brazil one can own BEACHfront ,that is property that is titled and the plot Fronts the beach,linear feet paralleling the ocean--The title must be Escritura only so make sure it is titled as such and all past taxes have been paid...dwcSimple question. Experience and informed advice welcomed rather than speculation...