Requirements for Selling Your Real Estate Property in Portugal: The Full Process

Selling a property in Portugal involves navigating several legal and administrative requirements to ensure a smooth and successful transaction.

Whether you're a local homeowner or an international investor, understanding these requirements is crucial to avoid delays and complications.

1. Ownership Documentation

Before listing your property for sale, we require you to have all necessary ownership documents in order:

• Caderneta Predial: Property tax document with fiscal identification.
• Licença de Utilização: Use license, indicating the property is legally habitable.
• Certidão Permanente: Permanent certificate showing property registration status.

2. Energy Performance Certificate (EPC)

Obtain an EPC, mandatory for property sales and rentals in Portugal:

• Certificado Energético: Rates energy efficiency on a scale from A+ (most efficient) to F (least efficient).
• Must be provided to potential buyers.

3. Tax Identification Number (NIF)

Both buyer and seller need a Portuguese NIF for tax purposes:

• Obtain from local tax office (Finanças) with identification documents.

4. Legal Checks and Clearances

Ensure there are no outstanding debts or legal issues affecting the property:

• Certidão de Teor: Document verifying property ownership status and any encumbrances.
• Caderneta Predial: Ensures property tax payments are up to date.
  
  

5. Capital Gains Tax (Imposto sobre Mais-Valias)

Calculate and pay capital gains tax on any profit from the sale:

• Tax rate varies based on property value, holding period, and seller’s tax residency status.
• Can be offset by eligible expenses related to property improvements and acquisition costs.
  
  

6. Promissory Contract and Escritura

Once a buyer is found, the process typically involves:

• Promissory Contract (Contrato Promessa de Compra e Venda): Preliminary agreement outlining terms and conditions.
• Escritura: Final deed signed before a notary, transferring ownership to the buyer.
  
  

7. Payment of Property Transfer Tax (IMT)

IMT is payable by the buyer before Escritura:

• Amount varies based on property value and location.
  
  

8. Final Steps

• Sign Escritura before a notary public.
• Register the property transfer with the Land Registry (Conservatória do Registo Predial).
• Ensure all outstanding utilities and taxes related to the property are settled.

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