Direito - 03/06/2009

Memorial de Incorporação: fundamental para um bom negócio



Documento com consulta gratuita traz tudo sobre o terreno

Não é preciso ter memória de elefante para lembrar casos em que a falta de informações sobre o incorporador resultou em problemas gravíssimos. Como já teorizava Marshall Macluhan: quem detém a informação detém o poder. Portanto, não concretize um negócio sem antes consultar o Memorial de Incorporação da propriedade.

Para que possa o comprador do imóvel exigir qualquer responsabilidade do incorporador, é necessário que este tenha procedido o registro do MEMORIAL DA INCORPORAÇÃO no Cartório do Registro Geral de Imóveis da jurisdição onde se situa o imóvel.

O memorial da incorporação é um conjunto de documentos que o incorporador tem que depositar no Cartório do Registro Geral de Imóveis, antes de dar início à publicidade para venda das unidades do empreendimento imobiliário. Nesse memorial constam, entre outros documentos, o projeto arquitetônico da edificação aprovado pela Prefeitura Municipal, o título de propriedade do terreno e a certidão negativa de ônus incidentes sobre o terreno nos últimos vinte anos (certidão vintenária), as certidões negativas de dívida com as Fazendas Nacional, Estadual e Municipal, as certidões dos cartórios distribuidores atestando não haver qualquer ação judicial contra o incorporador, os quadros de informações técnicas do empreendimento e de suas unidades imobiliárias, que formam a chamada NBR 12.721, antiga NB 140, na qual constam as áreas e os acabamentos básicos da unidade imobiliária e do prédio, os equipamentos a serem instalados, etc.

Por isso, é de fundamental importância que seja exigido do incorporador a prova do registro do memorial da incorporação, sem o que o comprador ficará a descoberto do direito de ver registrado o seu contrato e não disporá de elementos que lhe permitam reclamar de alterações do projeto, modificações nas especificações de acabamento das diversas partes da edificação ou mesmo de erro ou falha em relação a qualquer detalhe que não esteja bem definido no contrato. É bom que o contrato esteja acompanhado da planta baixa da unidade e do memorial de acabamento do imóvel a ser adquirido.

O comprador deve ficar atento e não fazer negócio quando não lhe for provado o registro do memorial de incorporação no Cartório do Registro Geral de Imóveis. A prova do registro deve ser feita mediante exibição de certidão atualizada expedida pelo Cartório do Registro Geral de Imóveis da jurisdição onde se situar o terreno.

Se o Memorial de Incorporação não se encontra onde deveria estar, não titubeie: com base na Lei 4591/64, também conhecida como Lei dos Condomínios e Incorporações, que determina a obrigatoriedade da presença, livre acesso ao documento e consulta nas instalações do cartório, você não apenas pode garantir que a incorporadora cumpra o seu dever de informar, como acioná-la na Justiça para garantir os seus direitos, caso ela insista no descumprimento à lei.


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