Documents
Property Registration Certificate ( Certidão de Teor )
On the local Land Registry ( Conservatória do Registo Predial ) 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 Predial )
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.
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.
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.
Personal Fiscal Number ( Número 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 any National Tax Office.
Transfer Tax ( Imposto I.M.T. )
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.
Final Deed ( Escritura )
The title of the property is done on the conveyance signed in a Public Notary. All the mentioned documents are necessary
Registration ( Registo )
Finally and very important is to register the property in your name in the Land office and also in the Local Tax Office. This procedure should be done with no delay.
|