Required Documentation

It is strongly advised that owners to be in a position to supply copies of all the relevant information required before you decide to sell your property. If you do not have a lawyer, we can recommend one or give you a selection for you to make your own decision.

 

Under Decree Law 77/99 all Government Licensed Estate Agents are required to obtain the following documentation from the owner thus enabling us to establish that the property has full legal status. No Agent can officially list a property without receiving the necessary paperwork. As all Licenced Estate Agents are liable to periodic inspections by the Portuguese Government agents, we must ensure copies of the appropriate documents are in place. Some of the taxes and paperwork required by registered Portuguese Estate Agents may be subject to changes in the law.

If you wish Just Portugal Properties to sell your property in Portugal, we will need the following documentation:

• Bilhete de identidade/passaporte (Portuguese ID card/Passport)
Copies of ID card or passport(s) from all the property owners

• Número de contribuinte (NIF) (Fiscal number)
Copy of owner(s) Portuguese fiscal number

• Escritura Notarial de Compra e Venda (Deeds)
This document indicates the title of acquisition of a property. The originals are held by the Notary Office where they were signed.

• Caderneta Predial (Tax/financial Registration of the property) – obtained via Ministério das Finanças (local tax office)
This document is issued by the "FINANÇAS" (Tax Department) and shows the financial registration of the property and the rates and taxes payable for this property to the local council. In the case of a rural property the "Caderneta Rústica" is also required. This document also identifies the owner and says whether there are any debts registered against the property. This document should be an up to date copy not older than 6 months.

• Registo Predial (Property registration certificate - land registry) – obtained via Conservatória do Registo Predial
Shows who the registered owner of a property is and if there are any outstanding loans/mortgages on the property, as well as details of the property like constructed area, plot size etc. Obtainable from the "Conservatoria do Registo Predial" (Land registry Office).

• Certidão de teor registral (registration certificate) - obtained via Conservatória do Registo Predial
This document confirms as to whom the property is registered to and also gives a description of the property with the size of the land and the house and will show any existing charges on the property. The description on the "Caderneta Predial", failing which one of the 2 is not correct and should be rectified.

• Licença de Utilização ou Construção (Habitation/construction license required for properties built after 1951) – obtained via Câmara Municipal (Town Hall)
Issued by the local "Câmara Municipal" (Town Hall) and shows that the property has been built according to the approved plans and for the purpose of habitation i.e. residential or commercial. No property can be sold without this license. Some properties are built before 7th August 1951 when no registration was done, these properties need a declaration from the city council that they are indeed built before 1951 and then they do not need a habitation license, but require a Certidão antes 7/8/1951 (pre-1951 Certificate) which is obtained from the local town hall.

• Ficha Technica de Habitacão (Property Technical file)
This document is provided by the "Construtor" (Developer/Builder). This is a fairly new requirement (for properties renovated or built after 30th of March 2004) and is the detailed file (ID) of the property. It explains in detail the construction, renovation, suppliers, materials used and all the technical data of the construction/renovation process.

• Certificado de Classificação de Energia (Property Energy Certificate)
As per the new law, all properties advertised with an estate agent should have their own energy certificate to confirm the energy efficiency of the property. The certificate can be provided only by ADENE (Agencia para a Energia) registered technicians (peritos) and is valid for 10 years. We are happy to recommend a local technician to come to your property to assess it. They will need to see all the documents for the property before they can issue the certificate.

• Licença de Construção (Building Licence) - obtained via Câmara Municipal (Town Hall)
Required when purchasing a property which is still being constructed.

• Licença para captação de agua (Borehole licence) – obtained via ARH in Faro
This document confirms that the borehole is registered with the relevant authority

• Certidão Permanente (Business Licence)
Properties held in the name of a company or business will need their Business License. This document describes who owns the business. It is available online from http://www.portaldaempresa.pt

• Contracto de Mediação (Mediation contract)
Before we can advertise your property, mediation contract needs to be signed between the property owner(s) and Just Portugal Properties. In this contract the owners sign for their approval for Just Portugal Properties to find a buyer for their property.

As most owners do not hold updated copies of these documents in their possession you can consult your lawyer to obtain updated copies of the required documents. The registration certificate and Caderneta Predial should have been obtained or validated less than 6 months prior to listing your property for sale. The other documents do not have to have a validity date. It is important that your property has a Habitation Licence in place, especially for older properties. Recent changes in legislation has caused problems as to whether a Habitation Licence is required for a property. A house either has a Habitation Licence or a Certificate, issued by the local Câmara, confirming that it does not require one. Only the Câmara can certify this situation. The requirement of Habitation Licences was introduced by Decree - Lei 38/382 dated 7th August 1951 therefore houses built before that date are not required to have Habitation Licences. However Government Laws can change at any time.

Please do not hesitate to contact us if you have any questions regarding the documentation of your property.