Regularizing property in SC can be up to 200% more expensive in April, says Creci; understand the reason

Approved in December 2023 and transformed into law in January this year, the complementary bill 38/2023, which amended the complementary law 755/2019 and provides for emoluments in the State, authored by the Court of Justice, caused criticism from some from Creci/SC (Regional Council of Real Estate Brokers), which it classified as unacceptable and will bring harm to citizens, the market and professionals working in the real estate sector.

Regularizing property can be more expensive in Santa Catarina – Photo: CBA Empreendimentos/Viva Corp/Divulgação/ND

According to Creci/SC, the increase reaches 200% in notary fees. The new charge will come into force on April 1st. The president of the council, Fernando Willrich, said that there was a lack of due transparency and debate in the Legislative Assembly with the sectors involved and, on top of that, everything was approved and sanctioned at the drop of a hat.

Fernando Willrich, president of Creci-SC – Video: DIVULGAÇÃO/ND

Creci/SC promises to mobilize the category against the increase, which will harm new business. Willrich said it was a disappointment on the part of the category with 25 votes from deputies in the Legislative Assembly, including members of the State Parliamentary Front for the Real Estate Market.

“The new law could also delay registration, in addition to the regularization of properties itself, with losses for society as a whole, as it will affect the collection of important taxes for essential issues such as health and education”, warned Fernando Willrich.

President of Anoreg/SC (Association of Notaries and Registrars of the State of Santa Catarina), Otávio Margarida – Video: DISCLOSURE/ND

The president of Anoreg/SC (Association of Notaries and Registrars of the State of Santa Catarina), Otávio Margarida, considered Creci’s position to be strange in claiming ignorance of the project because it had been discussed by several bodies involved. Otávio stated that the project was debated with the class and does not agree that there was an increase in the proportion pointed out by real estate agents.

“There were reductions in values in some items. And I reinforce that Santa Catarina has always had the cheapest price in the country, second only to the Federal District”.

Tax justice issue

In justifying the project, the Court of Justice of Santa Catarina reported that the proposal was preceded by its own study, guided by two assumptions: meeting the requirements of federal law 10,169, of December 29, 2000; and maintain the citizens and the economy of Santa Catarina in a privileged position in relation to the average value of emoluments in other units of the federation.

In this sense, any changes in fees met a fair measure, marked by the duty of proportional consideration for the notarial and registry services performed and by the maximum preservation of access to such services by Santa Catarina users – especially the vulnerable.

The president of Anoreg/SC explained that, before the law, anyone who bought a property, for example, worth R$200,000, paid the same amount of notary fees as the owner of a property worth R$3 million. “They paid the same price. The TJSC carried out tax justice, corrected distortions”.