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When buying property in Portugal, the most important legal step is signing the Deed of Purchase and Sale (Escritura Pública de Compra e Venda), the document that officially transfers ownership from the seller to the buyer.
Understanding how the deed works, which documents are required, and the role of the notary is essential for a smooth and secure completion. In this guide, we’ll walk you through everything buyers need to know before signing the property deed in Portugal.
What is the Deed of Purchase and Sale?
In Portugal, the Deed of Purchase and Sale is the legally binding document that finalises the transfer of property ownership. Known as the “Escritura Pública de Compra e Venda,” this public deed is signed before a notary or a qualified lawyer who is authorised to execute property transactions.
In most cases, the deed follows a previously signed promissory contract (CPCV), where both parties agree in advance on the main terms and conditions of the sale. While it is possible to complete a property transaction without a promissory contract, most buyers and sellers choose to sign one to ensure clarity and legal protection.
Here are the key aspects of a deed of purchase and sale in Portugal:
- Location;
- Parties Involved;
- Documentation;
- Reading of the Deed;
- Payment;
- Signatures;
- Registration.
Signing a Deed of Purchase and Sale in Portugal
1. Location
In Portugal, a public deed is conducted by a notary or a qualified lawyer, who oversees this formal and legally binding process. Although the notary’s office is the most common place to sign the deed, it is not the only option. The buyer and seller may agree to sign at the seller’s lawyer’s office or another mutually convenient location.
In some transactions, the seller may also choose to have their legal counsel present during the signing to ensure their interests are properly protected. These arrangements are normally organised well in advance to avoid delays or complications on the day of the deed.
2. Parties Involved
In every property deed in Portugal, the main parties involved are the buyer and the seller, who may be private individuals or legal entities purchasing or selling the property.
Alongside them is the notary or lawyer—known in Portuguese as the notário or advogado—who plays an impartial role in overseeing the entire deed-signing process.
3. Documentation
The process begins with the notary requesting your ID card and Portuguese NIF number. If any party is represented by someone else during the signing, a Power of Attorney is mandatory and must be presented in valid form.
For the property documentation, you must provide the following:
- Property Registration Certificate (Certidão Permanente)
- Legal Description of the Property (Caderneta Predial)
- License of Use (Licença de Utilização)
- Housing Technical Sheet (Ficha Técnica de Habitação)
- Energy Performance Certificate (Certificado Energético)
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4. Reading the Deed of Purchase and Sale
The deed is read aloud in Portuguese, as required by law, so that all parties are aware of the obligations and rights defined in the document. For those who do not speak Portuguese, a bilingual lawyer, buyer’s agent, or certified translator can assist to ensure clear understanding throughout the process.
Once everything is explained, both parties must formally acknowledge and agree to the terms, confirming that the deed is signed with full clarity and informed consent.
5. Signatures
Once the buyer, the seller, and the notary or lawyer fully understand and agree on the terms of the deed, all parties proceed to sign the document.
After the signatures are completed, each party receives an executed copy of the deed, which serves as vital proof of the transaction and the official transfer of ownership.
The original signed deed is kept by the notary or lawyer, who is responsible for securely storing it and registering the transaction with the Land Registry and the Tax Authority. This final step formally confirms the change of ownership and completes the legal transfer of the property.
6. Payment
At this stage, the buyer must pay the remaining purchase price according to the terms set out in the purchase agreement. If the property is being acquired with a mortgage, a representative from the bank will usually be present to issue the cashier’s cheque directly to the seller.
The buyer must also provide proof of property tax payments, including the Property Transfer Tax (IMT) and Stamp Duty (IS), which are typically paid within the 24 hours prior to the deed through a Portuguese bank account.
It is also the notary’s responsibility to ensure the payment of notary fees and to complete the property registration immediately after the signing, officially recording the new ownership.
7. Registration of the Deed of Purchase and Sale
The registration of the deed is a crucial step in the Portuguese property-buying process, as it is what officially transfers ownership from the seller to the buyer. Once the deed is signed, the notary or lawyer handling the transaction is responsible for submitting it for registration.
The first registration takes place at the Land Registry, where the details of the property transfer are recorded in the public database. At the same time, the deed is also submitted to the Tax Authority, ensuring that all tax-related obligations are properly documented.
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Frequently Asked Questions
What is a Deed of Purchase and Sale in Portugal?
It is the final legal contract (Escritura Pública de Compra e Venda) that officially transfers property ownership from the seller to the buyer, signed before a notary.
Who prepares the Deed of Purchase and Sale in Portugal?
The deed is usually prepared by the notary or lawyer overseeing the transaction, based on information from the buyer, seller, and land registry.
Do I need a lawyer to sign the Deed of Purchase and Sale in Portugal?
While not legally required, hiring a lawyer is strongly recommended to review documents, explain terms, and protect your interests.
Can the Deed of Purchase and Sale be signed in English?
No, the deed must be signed in Portuguese. Non-Portuguese speakers should use a bilingual lawyer, buyer’s agent, or professional translator.
What documents are required to sign the Deed of Purchase and Sale?
Typically: ID/passport, Portuguese tax number (NIF), proof of funds, land registry certificate, and property tax certificate.
How much are notary fees for the Deed of Purchase and Sale in Portugal?
Notary fees usually range between €500 and €1,000, depending on the property value and complexity of the transaction.
Can I grant power of attorney to sign the Deed of Purchase and Sale?
Yes. If you cannot be present, you may authorize a lawyer or representative through a notarized power of attorney.
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