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Moving to Portugal - FAQS list of topics

Moving to Portugal - FAQS list of topics

Old Apr 28th 2017, 3:33 am
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Default Moving to Portugal - FAQS list of topics

This is not intended as a definitive guide. It is a list of links to threads (topics) that are felt to be helpful & factual

If you have any questions in regards moving to Portugal, no matter how big or small please open a thread ( a topic) in the Portugal Forum section.
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Old Apr 28th 2017, 3:39 am
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Default Re: Moving to Portugal - FAQS list of topics

Step by Step help re - Arrival in Portugal
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Old Feb 18th 2022, 9:24 pm
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Default Re: Moving to Portugal - FAQS list of topics

This was put on the forum by Macliam and he gave me permission to add it to FAQ. Any time things change this will be updated.

I stand to be corrected on this, but AFAIK to be legal (and therefore transferrable) a building must be registered at the conservatoria - basically, people do not declare buildings to save tax, build without permission and use storage as habitable space without the correct permissions. However, there are circumstances where people pay tax on things that are not "legal", so proof of taxes is not proof of ownership.

The documents you will need to ensure are correct for a legal purchase are:

The Certidão Permanente (company owned) or Registo Predial (privately owned) is the property registration certificate – Obtained from the Conservatória do Registo Predial (Property Registry Office) which will describe, in detail, the property's legal situation, what makes up the property and its location. It describes the building's structure, who are the registered (ie REAL owners) and importantly, whether the property has any charges on it (encargos), like mortgages or other liens - and whether there are any incomplete or pending registrations. This certificate is valid for 6 months.

The "Caderneta Predial" (Title document) issued by AT Finanças (Tax Authority)- which will identify the property and the owner for tax purposes ONLY. All land and buildings should be identified there, any not covered are not registered for tax purposes. There may be more than one Caderneta associated with a property (building and lands can be registered seperately - Urbana and Rustica - the latter allows NO BUILDING) but everything MUST be documented or it does not form part of the sale and may make the overall sale invalid. Again, be aware that any printed copy is only valid for 6 months.

The Licença de Habitação (usage license). This is issued by the Câmara Municipal (council) for the area where the property is located. It defines the registered type of use allowed for any building or "fraction" - whether that be for living space or storage or commercial. It shows that the property complies with all the legal and regulatory requirements/standards in force at the time of registration (safety, health and technical standards) and that it conforms with the architectural design approved at the time of licensing by the council planning department. Any property built before August 7, 1951 does not need a Licença de Habitação,but only if nothing on the property has been altered or enlarged since that date (unlikely!). Any property without a Licença is NOT LEGAL for habitation orusable for commerce, industry or services.

The Certificado Energético (energy certificate) describes the energy performance of buildings. This certificate is MANDATORY and must be available at the property is put up for sale. Therefore, if no certificate is available, the owner cannot proceed with any sale.

The Ficha Técnica (propert technical file) Obtained from the Câmara Municipal (for any buiding constructied after March 2004).The Ficha Técnica acts as an identification file on the property, with such essential information as the identification of the builder, the suppliers' names and contacts, the description of materials used in the building, the kind of noise and thermal insulations used as well as the regime of guarantee and how to claim under the guarantee when an imperfection is detected.

Floor plans (can be obtained from your architect, the Câmara Municipal, or drawn up by an architect). These aren't a legal requirement, but if changes have been made or are going to be made, they must be approved by the Câmara Municipal and be up-to-date - so seeing the floor plans that the Câmara have and comparing them with what you see on the ground is a good indication of anything "dodgy"

Last edited by Rosemary; Feb 18th 2022 at 9:26 pm.
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