Documentation
The documentation needed for the transaction is fairly extensive but luckily – your chosen lawyer or solicitor will organise almost all of it ! You will accumulate a lot of paperwork and receipts – it is vital to never throw anything away! Keep it all in a file.
Your responsibility …..
• Passport or ID document (Bilhete de identidade/passaporte)
Each person involved with the purchase will need to provide the lawyer with copies of their passport and proof of permanent residence address.
• Fiscal Tax number (Número de contribuinte or NIF)
Those wishing to purchase property in Portugal are required to obtain a Fiscal Number from the FINANÇAS (Tax Department). Couples require one each.
Your lawyers responsibility …….
• Caderneta predial (Tax/financial Registration)
This document is obtained from the “FINANÇAS” (Tax Department) and shows the financial registration of the property and the rates and taxes payable by this property to the local council.
• Certidâo (Property registration certificate/Land Registry)
This shows who the current registered owner of a property is and whether there are any outstanding loans/mortgages/debts on the property. It also gives data on the property – constructed area, plot size etc. It is obtained from the “Conservatoria do Registo Predial” (Land registry Office ). It should also have a site plan showing the boundaries of the plot and who owns those adjoining.
• Licença de habitabilidade (Habitation license) One of these is required for any property built after 1951). Issued by the “Câmara Municipal” (Town Hall) and shows that the property has been built according to the approved plans. No property can be sold without it.
• Ficha técnica (Property Technical file)
For properties built after 2004 this document is provided by the builder of the property and lists the details of the property construction; suppliers, materials used and all the technical data of the construction process.
• Energy certificate
As per the recent new law, all properties old and new now need to have a Energy Certification confirming that the property conforms to the energy board requirements. It is the sellers duty to obtain this at his cost.
• Contrato de Promessa de Compra e Venda (Promissory Contract)
This is drawn up by your lawyer after searches are complete. In simple terms it outlines the duties of both parties and lists any conditions that must be fulfilled before exchange of contracts can be completed. There are specific laws regulating this and your Lawyer will be able to explain in detail. It is important to get this document correct before signing as items not included cannot be added in afterwards.
Please note: These notes are for guidance only and we cannot accept responsibility for any mistakes or misinformation. There is no substitute for professional legal advice prior to any transaction as the laws are constantly changing.
