Engel & Völkers
  • 4 min read
  • 05.08.2024

What documents are needed to sell a property?

Selling a property in Portugal involves several steps, particularly ensuring compliance with legal documentation to guarantee the legitimacy and security of the transaction. Knowing what documents are needed to sell a property is essential to avoid delays, unforeseen issues, and even legal complications. Each document plays a crucial role, from proving ownership to regularizing taxes and ensuring the property complies with current legislation. In this article, we outline all the documents you need to efficiently sell your property in Portugal.

Property Registration Certificate

The Property Registration Certificate is one of the most important documents for selling a property, as it proves ownership and provides detailed information about the property’s legal status. Issued by the Land Registry Office, this document identifies the rightful owner and notes any mortgages, liens, or other encumbrances on the property. It can be obtained in person or online via the Land Registry Portal, making the process more accessible. Having an up-to-date certificate is essential to ensure transparency and reliability in the transaction, giving the buyer complete confidence in the deal.

Property Tax Document (Caderneta Predial)

The Property Tax Document, issued by the Tax Authority, contains all the fiscal information about the property, including its location, description, area, and taxable value. The latter is particularly important as it serves as the basis for calculating taxes such as the Municipal Property Transfer Tax (IMT) and capital gains. This document is also frequently used by buyers to assess loan potential with banks. You can request it through the Finance Portal or at any tax office, ensuring quick and direct access to the information.

Usage License

The Usage License certifies that the property was built and is being used by legal standards. Issued by the local municipality where the property is located, this document is mandatory for all properties built after 1951. For older properties, its absence must be justified with other documents proving compliance. Without this license, the transaction may be blocked or invalidated, emphasizing the importance of obtaining it before listing the property for sale. It’s advisable to start this process early, as obtaining or updating the license may take time.

Energy Certificate

The Energy Certificate is a legal requirement in Portugal for any property being sold or rented. This document evaluates the property’s energy efficiency, rating it on a scale from A+ (most efficient) to F (least efficient). In addition to being mandatory, the certificate can influence the buyer’s decision, as properties with higher ratings are more attractive and tend to incur lower energy costs. The certificate must be issued by accredited technicians and provided to the buyer at the time of sale. Ignoring this requirement can lead to significant fines and damage to the seller’s reputation.

Floor Plan of the Property

Although not mandatory in all cases, the Floor Plan is often requested by buyers and financial institutions, especially to verify the layout or assess potential structural changes. This technical document, detailing the internal configuration of the property, can help demonstrate exact areas, build trust in the transaction, and facilitate the evaluation of future improvements. For sellers aiming to speed up and simplify the process, having the floor plan readily available can be a valuable asset.

Identification Documents of Owners

The identification documents of the property owners, such as a Citizen Card or Passport with the Tax Identification Number (NIF), are indispensable for ensuring the legitimacy of the sale. These documents allow authorities and buyers to confirm the sellers' identities, safeguarding against fraud or misrepresentation. In cases of joint ownership, all co-owners must present their respective documents. To avoid any issues, it’s advisable to verify that the details are up-to-date and there are no outstanding disputes regarding the property.

Proof of No Outstanding Condominium Fees

If the property is part of a shared building, it is necessary to provide proof of no outstanding condominium fees, issued by the building’s management. This document assures the buyer that there are no overdue amounts related to maintenance or shared services, preventing unpleasant surprises after the purchase. To obtain this document, simply request it from the condominium administration, ensuring it is up-to-date and in line with legal requirements.

Promissory Contract of Sale and Purchase (CPCV)

The Promissory Contract of Sale and Purchase is a common practice in Portugal and, while not mandatory, it is highly recommended to formalize the terms of the agreement before signing the final deed. This contract can include clauses such as the deposit amount, deadlines for completing the sale, and other conditions agreed upon by both parties. Having this contract protects both buyer and seller, reducing the risk of disputes and increasing confidence in the transaction process.

Public Deed of Sale

The Public Deed of Sale is the document that officially transfers property ownership. This deed is executed in the presence of a notary and represents the final step in the process, which can only occur once all necessary documents are gathered and in compliance. After signing, the buyer becomes the legitimate owner of the property and can register the property in their name with the Land Registry Office. It’s essential to schedule this act in advance and ensure all parties are properly represented.

The importance of thorough preparation

Ensuring all necessary documents are ready before starting the sales process is vital to avoid delays, additional costs, and potential legal complications. Early preparation not only ensures compliance with legal requirements but also builds trust among all parties involved, facilitating a smooth transaction. Additionally, enlisting the help of professionals such as lawyers or real estate consultants can make a significant difference, ensuring that no important detail is overlooked.

Knowing what documents are needed to sell a property is essential for anyone wishing to complete a transaction efficiently and smoothly in Portugal. From the Property Registration Certificate to the Public Deed of Sale, each document plays a crucial role in ensuring the legitimacy and security of the transaction.

Complete preparation and professional guidance are the key allies for avoiding problems and maximizing the results of your sale. If you’re planning to sell your property, don’t leave things until the last minute—gather all necessary documents in advance to provide a seamless and secure process for all parties involved.

Contact Engel & Völkers Portugal's team of real estate experts to help you from the first to the last step of the sales process and ensure a successful and stress-free transaction.

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Engel & Völkers Portugal

Av. da Liberdade 196, 7 andar

1250-096 Lisboa, Portugal

Tel: +351 210 200 490