Navigating the process of selling property in Portugal requires a clear understanding of the necessary documentation. From legal requirements to administrative procedures, ensuring all documents are in order is crucial for a smooth and successful transaction.
In this article, we delve into the essential documents needed for selling property in Portugal, providing insights and guidance for property owners looking to navigate the intricate landscape of real estate transactions in this vibrant country.
Documents for selling property in Portugal
Here is the list of documents needed for selling property in Portugal:
Owner’s Identification
For residents in Portugal, a photocopy of the citizen’s card suffices, while non-residents may provide their passport.
Land Registry Certificate (Certidão de Registo Predial)
This crucial document offers a comprehensive overview of the property’s history, including ownership details, entries, and any pending charges. Accessible online or in person, it costs €20 for in-person requests and €15 for online applications, with both certificates valid for 6 months.
Caderneta Predial
Serving as a property identification document, it provides fiscal and descriptive information such as location, areas, and ownership details. Available for free on Portugal’s Portal das Finanças or at Autoridade Tributária e Aduaneira (AT) offices, it remains valid for 12 months.
Utilization License (Licença de Utilização)
Obtained from the local council, this license specifies the property’s designated use, whether residential, commercial, service, or industrial.
Blueprint of the Property
Acquired from the local town hall, this legal document outlines the property’s gross and usable areas, as well as details regarding garages, storage rooms, and other associated spaces.
Housing Technical File (Ficha Técnica da Habitação)
A document listing technical and functional aspects of a residential building, typically required post-construction or renovation, unless exempted for properties predating March 30, 2004.
Energy Certification
Mandatory since 2013, this assessment evaluates a property’s energy efficiency and suggests improvements. It ranges from A+ (very efficient) to F (very inefficient), with registration fees varying based on property size and type. The certificate can be provided only by ADENE (Agencia para a Energia) and has a validity of 10 years.
Condominium Declaration
Essential for property sales, sellers must inform the condominium administration 15 days before the deed, with any outstanding debts addressed promptly. Upon receipt, the administration issues a declaration confirming the absence of debts within 10 days.
Documentation after selling property in Portugal
The Promissory Contract of Purchase and Sale
The Promissory Contract of Purchase and Sale is a preliminary and non-binding agreement, in which both parties undertake to conclude a certain contract, agreeing to the respective terms.
The most common clauses in a Promissory Contract of Purchase and Sale are those referring to the deadline for concluding the definitive contract, the form of payment, the deposit and any additional payments, the conditions to which the parties intend to subject the business, and also declarations and guarantees of the parties.
It is also common to have clauses relating to breach of the Promissory Contract of Purchase and Sale, including penalty or enforcement clauses. It is, in basic terms, a prior contract, intended to regulate the terms and conditions of the definitive contract. The Promissory Contract of Purchase and Sale will include the in-person certification of the parties’ signatures.
The Public Deed of Purchase and Sale
The Public Deed of Purchase and Sale is the act by which ownership of the property is transferred and can be celebrated by public deed before a notary – the most common form – or by private document authenticated by a lawyer.
Once the Public Deed of Purchase and Sale is signed, the property must be registered in the buyer’s name at the Land Registry, and the notary or lawyer must inform the Tax Authority of the purchase and sale. After the transfer is registered in the Property Registry, the transfer of ownership is completed.
Why use a Portugal Real Estate Lawyer?
Selling a property or engaging in real estate transactions involves navigating complexities influenced by various factors such as transaction nature, property type, and legal intricacies. In Portugal, Real Estate Lawyers are instrumental in facilitating these processes.
Prior to clients proceeding with any sale or commitment, a Portuguese Real Estate Lawyer conducts three crucial stages to safeguard the transaction. This includes comprehensive assessment and legal scrutiny, not only of the property in question but also throughout the entire selling process until its completion.
To achieve this, there are several key elements that must be collected and analyzed, namely:
- Property Registration Certificate
- Legal Description of the Property (“Caderneta Predial”)
- Permission to Use (“License of Use”)
- Housing Technical Sheet
- Energy Performance Certificate
- Floor Plans
- Condominium Regulations (if any)
Frequently Asked Questions about Selling property in Portugal: Documents needed
What documents are required to sell a property in Portugal?
The required documents typically include the property deed (Escritura), identification of the owner, a Land Registry Certificate (Certidão de Registo Predial), Caderneta Predial, Utilization License (Licença de Utilização), Blueprint of the property, Housing Technical File (Ficha Técnica da Habitação), Energy Certification, and Condominium Declaration.
What is the Land Registry Certificate (Certidão de Registo Predial) and how do I obtain it?
This document provides information on the property’s history, ownership details, and any pending charges. It can be obtained online or in person from the Land Registry Office (Conservatória do Registo Predial).
What is the Caderneta Predial and how do I get it?
The Caderneta Predial serves as a property identification document and provides fiscal and descriptive information about the property. It can be obtained for free online or from the Autoridade Tributária e Aduaneira (AT) office.
Do I need an Energy Certification to sell my property?
Yes, an Energy Certification is mandatory for selling a property in Portugal. It assesses the energy efficiency of the property and provides information on possible improvements. It can be obtained through a certified technician.
What is the Condominium Declaration?
The Condominium Declaration informs the condominium administration about the sale of the property. It must be provided to the administration 15 days before the deed, and a declaration confirming the absence of debts should be issued by the administration within 10 days.
