Documents required for the sale of a property in Portugal

As a private:
 

  • ID Card or Passport of the owner(s) (Bilhete de Identidade / Cartão de Citadão / Passaporte)

A photocopy of the Identity card or of the Passport, valid, of the owner(s) of the property that it is putted on the sale market is requested by the agency to attach to the property file.

  • Portuguese Fiscal Number (Número de Contribuinte : NIF)

A photocopy of your tax identification number, which has been assigned to you by the local Finances department and which has been used when you bought your property in Portugal, is also necessary.

  • Registration of the Property on the Tax Adminitration (Caderneta Predial)

This document contains the number under which the property was registered in the files of the Tax Administration. It is one of the most important documents because it identifies the property, legally, and gives all the appraisal data, for the calculations of the taxes and duties relating to it. All the characteristics of the property are also described, such as the areas (living, gross, construction, outbuildings, plot, etc.), the typology, the assignment, the full address, the parish to which the property belongs, and even the identification of the owners. 

Issued by the Finances department, this document is valid for 12 months and must be updated at the time of signing the mediation contract with the real estate agency and at the time of the final deed of the property sale. 

  • Land Registry Inscription (Certidão de Teor/ Certidão permanente da Conservatória do Registo Predial)

This document is also very important because it contains all the information regarding the property, describing in a very detailed way, all its history in terms of constitution and all the registers recorded to date, the particularities of the property (construction area, plot area, etc.), its location, as well as the identity of the owner(s). It also mentions the possible existence of charges related to the property (garnishment, mortgages, registered usufructs or pending of registration), thus allowing a perfect knowledge of its legal situation. 

It’s like the property’s identity card. This document is issued by the administrative service called “Conservatória do Registo Predial”. Valid for 6 months at the time of its renewal. It also must be updated at the time of signing the mediation contract as well as at the signing of the final deed.

  • Licence of Use (Licença de Habitação/ Utilização)

Issued by the City Council (Câmara Municipal), of the municipality where the property fits, this document states that the property was built according to approved plans and for habitation purposes. No property in Portugal can be sold without this license. It is absolutely mandatory except for properties built before 1951, when there were no records yet. In this case, a statement from the City Council, where it is mentioned the year of construction of the building, thus proving the exemption of the housing permit, will be enough for the granting of the final Deed. 

  • Housing Technical Data Sheet (Ficha Técnica da Habitação)

This is a document that is given by the property developer or builder when a new property is delivered. It provides all the technical details related to the construction of the property, such as the names of the suppliers, the materials used, the plans of the building(s), the common areas, the land bounderies, etc… 

The Housing Technical Data Sheet is only required for buildings that were built or underwent reconstruction, expansion or alteration after March 30, 2004. 

  • Property Plans (plantas do imóvel)

The plans of the property can be obtained from the town hall of the county where the property is located. They allow to observe the distribution and measurements of the various divisions of the property, and to confirm that the property is currently in accordance with the original plan.

  • Energy certificate (Certificado Energético)

The Portuguese Law requires an energy performance certificate for any property for sale or for rent. The document shows the energy classification by letters from  A+ to F and gives, among other coefficients, the values of CO2 emissions. The certificate is valid for 10 years. You will need it for signing the final sale deed at the notary, as well as for signing a rental contract with your tenant. It is a document which is also required by the real estate agencies, when you decide to list your property in their portfolio. Indeed, for the promotion of the property, the agencies are obliged to display the energy classification on their adverts, in the window and in website. 

There are, however, some exceptions to this requirement, as some properties are exempt from having an energy certificate. For more information on this subject, consult please the website: https://www.sce.pt/ 

  • Real Estate Agreement (Contrato de Mediação Imobiliária)

To entrust the sale of your property to a real estate agent, you must sign a real estate mediation contract, on open or exclusive regime, allowing the agency to promote it. In this contract are indicated the conditions under which the sale will be executed, in particular the asking price of the property, the agency fees, and the payment conditions, the duration of the contract, and the name of the real estate agent who will be responsible for the management of your property, etc…

Only a signed contract allows the agency to promote a property.

 

 

As a Company:

 

If the property belongs to a company, in addition to the documents mentioned above, which mainly concern the property itself, you also must provide:
 

  • The commercial Registry Inscription of the company that owns the property (Certidão Comercial da Empresa)

This document proves the commercial registration of a person or an entity/ company and determines all the registers recorded to date since its inception. The commercial certificate is also valid for 6 months and must be updated.

  • The company's Tax Identification Number (Número de Contribuinte: NIF)
  • A photocopy of the Identity card or Passport of the company representative(s) (Bilhete de Identidade/ C.C / Passaporte)
     

Necessary documents to buy home

To buy a house in Portugal it is necessary to respect the legal procedures. At EJAN PROPERTY we have gathered all the documentation about the property you are going to purchase. Just gather all the following documents:

  • Identification: Citizen Card and Tax Identification Number;
  • If funding is required, you will need to submit the following documents:
    • Last IRS
    • Settlement Note
    • Last 3 payroll receipts
    • Employer charter
    • Bank statements

The purchase of a property entails a series of legal procedures and tax charges, and can divide the process into three steps:

a) The documentary information about the property (with the Land Registry, the Land Registry Certificate, the Energy Certificate, ...) gathered by EJAN PROPERTY;

b) The execution of the Promise Purchase Agreement;

c) Payment of the agreed signal;

d) The costs of the deed and registration of the property;

e) The payment of taxes (IMT and Stamp Duty).

In the case of bank financing, the buyer will have another set of costs before the respective financial entity, such as the valuation of the property, among others, varying from bank to bank.

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