Documents that you need to be aware of when buying a Property in Portugal. These documents should be made available to you by the owner/seller, before signing anything in any Real Estate Transaction / "Escritura de Compra-Venda no Notário":
A. Owner's Citizen Card ( id card + tax id number)
B. "Caderneta Predial": it's a document, issued by the Portuguese Tax Authority ("AT Finanças"), which is indispensable in the purchase, sale or rental of a property. The property and the owner must be well identified there. The "caderneta predial" is valid for 6 months.
C."Certidão Permanente": issued by the "Conservatória do Registo Predial" / Property Registry Office.
This certificate contains relevant information and describes in detail the property's legal history in terms of its legal constitution and location. It has information on the building's structure, the owner's identification ( who are the real owners ! ), and very important, if the property has charges / "encargos", such as mortgages / "hipotecas", registered usufruct or arrests, and any pending registrations, thus allowing full legal knowledge of the property situation. The certificate of property registration is a guarantee of security for the buyer's property before the real estate transaction. This certificate is valid for 6 months.
D. "Licença de Habitação"/ Usage License: document issued by the "Câmara Municipal"/ City Council where the property is located and which defines the type of use allowed for a certain building or fraction: housing, or non-housing purposes (commerce, services or industry). This licence allows to prove that a certain property or independent fractions complies with:
- The legal and regulatory requirements or standards for the purpose for which they are intended (concerning safety, health and technical standards);
- The conformity of the built work with the architectural design and speciality projects approved for licensing by the competent authorities (namely the City Council);
- The adequacy to the foreseen uses.
What are the situations where it is not necessary Usage License?
- Properties (buildings or fractions) built before August 7, 1951 are exempt from submitting the respective utilisation permit; On this date the General Regulations for Urban Buildings (RGEU) came into force and this regulation provides for exemption only if the property has not undergone expansion works or has been rebuilt;
- In case that are not habitable or usable for commerce, industry or services.
E. "Certificado Energético" / Energy Certificate: The energy certification of buildings allows the buyer/consumer to have information on the energy performance of buildings, which includes the cost reduction concerning energy use, the improvement of thermal comfort and access to financing and tax benefits. It is mandatory for the owner to have this energy certificate from the very beginning, that is, since the sales's notice of his property in a real state agency.