To register a real estate transaction in Portugal, it is necessary to gather and present a series of documents that ensure the legality and transparency of the process. Due to changes introduced by Decree-Law no. 10/2024 (Urban Simplex), some documents have been dispensed with in transfer acts (deeds), although their legal relevance for the property remains. Here are the main documents required:
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Permanent Property Registration Certificate:
This document proves the legal situation of the property, including the owner’s identification and the existence of any encumbrances or charges. It can be obtained online or at a Property Registration Office.
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Property Tax Card:
Issued by the Tax Authority, this card contains tax information about the property, such as location, description, and taxable patrimonial value.
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Use License / Use Title (Changed by DL 10/2024):
With the entry into force of Urban Simplex (Decree-Law no. 10/2024), the display or proof of the existence of the Use License (or Authorization) in acts of property transfer (such as purchase and sale deeds) is no longer legally mandatory.
- Critical Note for the Buyer (Due Diligence): Although the law dispenses with its presentation in the deed, the responsibility for verifying the legality and urban compliance of the property is transferred to the buyer. Purchasing a property without the proper use title implies the risk of future demands for demolition or legalization by the Municipal Council.
- Housing Credit: For transactions involving bank financing, credit institutions, as a rule, continue to require a valid Use Title to consider the property as valid collateral.
- New Title: The valid use title (which attests to legality) is now composed of the combination of the Proof of Submission of Request/Communication of use to the Municipal Council and the respective Proof of Payment of due Fees.
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Energy Certificate:
Document that assesses the property’s energy efficiency and is mandatory for most real estate transactions.
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Housing Technical Sheet (HTS) (Changed by DL 10/2024):
This document, which provides technical and construction details of the property, is no longer mandatory for display or proof in acts of property transfer (deeds) with Urban Simplex.
Note: The HTS is originally mandatory for properties whose use license was issued after March 30, 2004, but its formal presentation is now dispensed with.
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Identification Documents of the Parties:
Include the Citizen Card, Identity Card, or Passport of all parties involved in the transaction.
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Declaration of Exercise of Right of Preference:
When applicable, this declaration confirms that the right of preference was exercised or waived.
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Infrastructure Certificate and Toponymic Certificate:
When applicable, these certificates provide additional information about the property’s infrastructure and toponymy.
These documents must be gathered and verified before proceeding with the purchase and sale deed, ensuring that all information is up to date and in compliance with legal requirements. In addition, it is advisable to consult a lawyer or solicitor to ensure that all legal aspects of the transaction are properly handled.