Office Dr. Rathenau & Colleagues: Portuguese Property Law 2016
Official records and other documents concerning the property
  • Land register excerpt

A land register excerpt (certidão do registo predial) is necessary. You can request the excerpt at the land registry (Conservatória do Registo Predial) or on the internet. The land register excerpt should not be older than a maximum of 6 months. An electronic excerpt is valid for one year.

  • Tax register excerpt

The tax register excerpt is also necessary. You can request the tax register excerpt (caderneta predial) at the tax office (serviço de finanças) or on the internet. The excerpt contains important information about the property, such as position, size and development. The excerpt should not be older than one year. The content of the tax register excerpt has to coincide with those of the land register.

  • Certificate of Occupancy

You will also need the original certificate of occupancy (alvará de autorização de utilização) or a certified copy thereof. This license is issued by the community as the entitled building permit authority. The license attests that the building was constructed in accordance with the authorized plans. The license has to comprise the whole building and all subjects of authorization.

In case of a non- licensed building an ex-post approval becomes necessary. A property without a valid license cannot be sold or leased. This requirement is supposed to reduce the number of illegal buildings. Buildings constructed before August 7th 1951 do not need a license.

  • Residential houses: Technical Certificate

The technical certificate (ficha técnica de habitação) displays essential technical and functional characteristics of the house, for example about the construction firm, the architect and the chief engineer of the house. The technical certificate of the house contains a description of the property and its distribution. The construction plans are also a part of it.

Only residences which were built after March 30th 2004 need a technical certificate. Buildings constructed before  August 7th 1951 do not need a technical certificate.

  • Energy Efficiency Certificate

The Energy Efficiency Certificate (certificado energético) displays the energy efficiency of the house. It informs about energetic deficiencies and potential improvements. Since January 2009, everyone must provide an Energy Efficiency Certificate in order to sell or rent a residence. The certificate is valid for ten years.

  • Monument protection

When selling a building which is a class listed monument, the historic monuments protection authority has to be informed. Be aware that the state has the right of preemption.

  • Land Transfer Tax

It is necessary to have a certificate of the tax authority regarding the payment of the land transfer tax when selling the property.

  • Stamp duty

Before the contract can be authenticated, the stamp duty has to be paid at the tax authority. A certificate of the payment must be shown to the notary at the time of the final signing.