Real Estate Lawyer in Portugal
Property Purchase and Sale in Portugal, Leasing and Division of Co-Owned Property
Buying, selling or leasing a property in Portugal involves checks that the notary does not carry out. The law office acts for buyers, sellers, investors and owners, whether resident or non-resident.
Scope
When We Act in Real Estate Law
The law office acts in four areas of Real Estate Law:
- Purchase and Sale of Property in Portugal, from document review to registration of the deed.
- Leasing and eviction, on the landlord's side, when the tenant defaults or the contract comes to an end.
- Division of co-owned property, when a property is held in co-ownership and the owners cannot agree on what to do with it.
- Pre-transaction document review, to identify encumbrances, debts or irregularities before signing.
Professionals
Is a Lawyer Required to Buy Property in Portugal?
No. The law does not require a buyer to have a lawyer to acquire property in Portugal. The deed can be certified by a notary, a registrar (conservador) or a solicitador.
The notary is a neutral public entity: it authenticates the document and confirms the formal correctness of the act, but does not verify whether the transaction is safe for the buyer.
Difference Between a Lawyer, a Solicitador and a Notary When Buying a Home
The notary certifies the deed and ensures the formal validity of the registry act. The solicitador, a separate profession in Portugal, can carry out notarial acts and handle registration. The real estate lawyer represents one of the parties and defends their interests in the transaction, which neither of the others does.
Risks of Buying Property in Portugal Without Legal Advice
Without an independent prior check, the buyer only discovers seizures (penhoras), unpaid mortgages, undivided inheritances or unlicensed works after signing.
At that stage, correcting the situation is usually slower and more expensive than preventing it.
Due Diligence
Pre-Purchase Document Review (Due Diligence)
Before signing any document, the property must be checked for its registry, tax and planning status.
- Property Tax Record (Caderneta Predial)
- Land Registry Certificate
- Use Licence (Licença de Utilização)
- Energy Certificate
- Debts owed to the condominium
Each of these documents reveals a different variable in the transaction, such as an unregistered encumbrance, an outdated licence or a debt attached to the property, and the weight of each depends on the specific property and operation.
This review usually focuses on ownership of the property, registered encumbrances or charges, and planning compliance with the intended use, above all before the Preliminary Contract of Purchase and Sale is signed. This is the stage at which most of the problems that later delay or prevent the deed are detected.
CPCV
Preliminary Contract of Purchase and Sale (CPCV) and Deposit
The Preliminary Contract of Purchase and Sale sets the terms of the transaction before the final deed: price, deadline and the amount of the deposit (sinal) paid by the buyer. It is not mandatory in every transaction, but it is common practice whenever there is bank financing or a gap in time between the agreement and the deed.
If the Buyer Withdraws
If the buyer withdraws from the transaction, the deposit paid is lost.
If the Seller Defaults
If the seller defaults, the law allows the buyer to demand double the deposit or to seek specific performance, obtaining by court judgment the effect of the promised contract.
Which of the two routes is more advantageous, and whether there is any reason to rule one out, depends on the exact terms of the signed contract.
Deed
Deed and Land Registration When Buying Property
The public deed formally transfers ownership of the property. The next step, equally mandatory, is land registration.
Without Registration, the Purchase Cannot Be Enforced Against Third Parties
Without this registration, the purchase cannot be enforced against third parties, even if the deed has already been executed.
When one of the parties cannot attend the deed, the law allows representation by power of attorney, with special powers and in the legally required form. The exact content of the powers granted, and whether the power of attorney requires translation or additional legalisation, depends on the country where it is executed and on who will use it at the act.
Foreign Buyers
Buying Property in Portugal as a Foreign Investor or Non-Resident
There is no nationality or residency restriction on buying property in Portugal. The process does, however, require:
- Tax Identification Number (NIF)
- Tax representative, in many cases, for those resident outside the European Union
End of the Golden Visa for Property Purchases
Buying a property does not, on its own, give a right to residence in Portugal. Since Law No. 56/2023, the acquisition of real estate is no longer an eligible route for the Golden Visa.
Those seeking to join family members, or to obtain residence through another investment or work route, will find these matters on the Golden Visa and D7 Visa pages.
Disputes
Disputes and Real Estate Litigation in Purchase and Sale
Not all problems appear before the deed. Hidden defects, breach of warranties or disputes over the area and boundaries of the property arise after the transaction is done.
Other Services
Other Services in Real Estate Law
- Property management
- Financial and mortgage operations associated with the ownership of real estate
- Ownership and partition of property acquired by inheritance, covered on the Inheritance page
Speak to a Real Estate Lawyer in Portugal
Describe the situation, the property or the transaction concerned. We will tell you what needs to be checked and which steps to follow.