In this way, you get practical and more convenient guidance to stay in alignment with the current agrarian legislation.
So, continue reading this article and see how to proceed to keep your property - or property of interest - up to date with the necessary legal documents!
What is and what is the importance of the rural property certificate?
A rural property can be located in urban areas too, did you know? What characterizes it in this way, in reality, is the destination given to the land, such as:
- agricultural activities;
- livestock activity;
- use for plant extraction, forestry or agroindustrial.
Therefore, it is essential to ensure that you are in line with legal documentary requirements to make good use of your assets. Hence the importance of the certificate.
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But, after all, what would the rural property certificate be? Also known as the Rural Property Negative Debt Certificate (CND), the document is the legal record regarding the situation of the property in question.
In it, we can be aware of your situation before the Federal Revenue of Brazil (RFB). With that, it is also seen if there are debts present (pending or paid off) in that property.
Nowadays, the rural property certificate can be requested directly over the internet - but we will see that later - and the document is of enormous importance to the owner.
Firstly, because it is an essential certificate for real estate transfers, and secondly, because it is legal evidence of the entire history of that land or property. Without it, the individual or legal entity may be unable to carry out any transaction within the parameters of the law.
How to issue the rural property certificate?
Something to keep in mind, when you need to issue a rural property certificate, is that there are specific conditions for different applicant profiles. See below.
If the taxable person is an individual
Here, the taxpayer - be it the owner, usufructuary, or possessor -, inventor, heir or proxy (provided it is legally qualified) can make the application for the issuance of the certificate.
If the subject is unable to apply on his own behalf, it is necessary that the legal guardian (such as the parents, a guardian or curator), by court order, make the application for the issuance of the rural property certificate.
If the taxable person is a legal entity
In this case, the person responsible for the CNPJ must make the application. If necessary, a legal attorney, manager or partner with unlimited liability can also request the document.
Necessary documents for the issuance of the rural property certificate
The first step is to obtain the form for requesting a Rural Property Debt Certificate . When printing it, make sure you have two copies and sign both - they can also be signed by the qualified attorney.
Below, we list the following documents, which are requested for the issuance of the certificate:
- Original identity document, of the applicant, or a certified copy of the same, allowing the identification of the individual to be made, as well as the verification of his signature (note that, in case of signature recognition, either of the taxpayer or of the attorney-in-fact, no there is a need to present the identity document).
- Some original document - or certified copy - that proves the ownership or ownership of the rural property in question.
- The property registration, duly registered with the Real Estate Registry Office.
- The deed, the contract or even a commitment to buy and sell the rural property.
- The Rural Property Registry Certificate (CCIR) from the National Institute of Colonization and Agrarian Reform (INCRA). And, in the case of possession, the declaration containing information about the property, such as its address, total area and the date on which the possession is observed.
It is good to analyze that, due to some debt that suspends the requirement of the document, it is important to issue a copy of the following documentation:
- inicial petition;
- court decision granting the suspension;
- vouchers of judicial deposits that authenticate the compensation made;
- narrative certificate of the action that contributed to the suspension of liability.
Finally, if the application has been signed and requested by an attorney, it is also important to submit:
- a copy (certified or presented with the original document) of the power of attorney - with notarized signature - of the grantor;
- the original identity document or a certified copy thereof, which helps in the identification and authenticity of the signature.
It is also worth noting the deadlines stipulated for the issuance of the rural property certificate, which proves the property's tax regularity, which is immediate, if the request was made over the internet; and up to 10 days - which will be counted from the order - if the request has been made in one of the Federal Revenue service units.
Important: note that the face-to-face application at one of the RFB units must be made by presenting the original protocol, and by a person who has the identity document in hand.
What happens if I don't have a rural property certificate?
As mentioned earlier, this document is of paramount importance for carrying out any type of transaction. Thus, it is essential to observe whether the rural property certificate is in accordance with the current law, to avoid all kinds of inconvenience in the negotiations.
For that reason, we strongly recommend that you count on the assistance of a specialized advisory in the real estate market . Through this differentiated service, you will have more convenience for the resolution of procedures, as well as the main contingencies that may arise during the process.
After reading this content, you could see that keeping your rural property regularized is essential, isn't it? And for that, one of the most important steps is to seek the rural property certificate , ensuring that the possession of your property will be safe and in accordance with the legal procedures.
Source: Tajarat.com.pk
