Necessary legal documents for buying property in Portugal


On the local Land Registry (Conservatória do Registo Predial) check if the seller has the ownership of the property and no one else has those rights and also if it is free of charges and mortgages. A Registration Certificate should be issue and as a time limit it describes the property’s legal history and it is necessary to do the deed in the Notary as proof of ownership and power to sell.

PROPERTY TAX DOCUMENT – (Caderneta Perdial)

On the local tax office obtain an official tax document which certifies the inscription of the property for fiscal purposes and also identifies the owner and his fiscal NR., the description of the property (areas, nr. of rooms, area and type of plot, history, etc) it also identifies the property with a unique fiscal number. In this document is mentioned how much the owner will pay in local yearly taxes. If the property is new this will be replaced for a form which until the certificate is not issue

LICENSE OF USE - (Licença de Utilização)

Obtain a copy of the usage license in the Local Town Hall. In this document you can check if the property is approved for the proposes of the original building permission. For residential property it is necessary a habitation license, for non residential property it is necessary a commercial or industrial license. This document is also necessary to be present on buying and selling contract signed in the presence of the Notary.

BUYING AND SELLING CONTRACT - (Contrato Promessa de Compra e Venda)

This document must obviously be signed by the buyer and seller and as a promissory contract it must indicate the reference to the documents explained before and also the terms in which the transaction will be done and conditions of sale. A deposit must be done at an average of 30%. The Portuguese law protects both intervenients, if the buyer gives up in buying he will loose the deposit, if the seller change his mind he has to return the deposit in double.

PERSONAL FISCAL NUMBER - (Número Fiscal de Contribuinte)

As a future owner of a Portuguese property you will need to have Portuguese Fiscal Number which can be obtained immediately on a Local Tax Office.

TRANSFER TAX - (IMT - Imposto Municipal Sobre Transmissões)

This tax must be paid before the Final Deed and a document must be issued by the Local Tax Office which proves that it’s payment and be present of the Notary on the Dee. The tax to pay depends of the price of property. In the following table you have the tax due for the year 2006 on residential property. Rustic property will be charged at a flat rate of 5% and commercial property or land for construction will be charged at flat rate of 6.5%. Offshore companies pay 15%.

Vasco Guerreiro
Updated on 2014-09-29 04:03:47pm