Necessary
legal documents
License
of Use ( Licença de Utilização )
Obtain a copy of the usage license in the Local Town Hall. In
this document you can check if the property is approved for the
proposes of the original building permission. For residential
property it is necessary a habitation license, for non
residential it is necessary a commercial or industrial license .
This document is also necessary to be present on buying and
selling contract signed in the presence of the Notary.
Buying and
selling contract ( Contrato promessa compra e venda )
This document must obviously be signed by the buyer and seller
and as a promissory contract it must indicate the reference to
the documents explained before and also the terms in which the
transaction will be done and conditions of sale. A deposit must
be done and it can vary between 10 and 30% .The Portuguese law
protects both intervenients, if the buyer gives up in buying he
will loose the deposit, if the seller change his mind he has to
return the deposit in double. This contract should be signed in
the presence of the Notary.
Property
Registration Certificate.( Certidão de Teor )
On the local Land Registry ( Conservatória do Registo Perdial )check
if the seller as the ownership of the property and no one else
has those rights and also if it is free of charges and mortgages.
A Registration Certificate should be issue and as a time limit it
describes the property's legal history and it is necessary to do
the deed in the Notary as proof of ownership and power to sell.
Property Tax document (Caderneta Perdial )
On the local tax office obtain a official tax document which
certifies the inscription of the property for fiscal purposes and
also identifies the owner and is fiscal NR., the description of
the property ( areas, nr. of rooms, area and type of plot,
history etc) it also identifies the property with a unique fiscal
number. In this document is mentioned how much the owner will pay
in local yearly taxes. This certificate is necessary in case of
transaction of the property. If the property is new this will be
replaced for a form which until the certificate is not issue.
Personal Fiscal Number ( Numero fiscal de contribuinte )
As a future owner of a Portuguese property you will need to have
Portuguese Fiscal Number which can be obtained immediately on a
Local Tax Office.
Transfer Tax ( Imposto de Sisa )
This tax must be paid before the Final Deed and a document must
be issued by the Local Tax Office which proves that it's payment
and be present of the Notary on the Deed. The tax to pay depends
of the price the property is declared.