Go Back  British Expats > Living & Moving Abroad > Europe > Portugal
Reload this Page >

Quinta for sale ... but with no habitation licence

Quinta for sale ... but with no habitation licence

Old Apr 30th 2022, 2:19 pm
  #1  
Just Joined
Thread Starter
 
Joined: Apr 2022
Posts: 13
sjjhow is an unknown quantity at this point
Default Quinta for sale ... but with no habitation licence

Hello, we're considering selling our village house in the mountains and moving down to the Alentejo. We've found a large quinta with land in the Alentejo which looks beautiful in the advert.
The only issue: it does not have a habitation licence or Licença de habitação.
The advert optimistically says this could be approved in one month.

I don't know enough about habitation licences. The building is 9 years old.
So many questions come out of this. I've searched forums and not found out much information, only in Portuguese which it has taken time to translate.

Do any of you have experience of this? Is it a minor technicality, or a really dodgy thing to even considering buying? We're at the planning stages so we haven't viewed the property and not spoken to our lawyer, but I'm trying to draw up a list of potentials. This is not the only property without a licence.

Thanks in advance for your full and frank responses!
sjjhow is offline  
Old Apr 30th 2022, 2:38 pm
  #2  
Polished expat
 
Red Eric's Avatar
 
Joined: Jul 2014
Location: Arcos de Valdevez "Onde Portugal se fez"
Posts: 15,646
Red Eric has a reputation beyond reputeRed Eric has a reputation beyond reputeRed Eric has a reputation beyond reputeRed Eric has a reputation beyond reputeRed Eric has a reputation beyond reputeRed Eric has a reputation beyond reputeRed Eric has a reputation beyond reputeRed Eric has a reputation beyond reputeRed Eric has a reputation beyond reputeRed Eric has a reputation beyond reputeRed Eric has a reputation beyond repute
Default Re: Quinta for sale ... but with no habitation licence

You wouldn't be able to complete the purchase without it.

Actually, I thought there was some legislation in place which says that all properties offered for sale must already have the required documentation pronto, although perhaps that's limited to those offered for sale through estate agents. I'll have a rummage later to see if I can get to the bottom of that, if nobody else can supply the lowdown on it in the meantime.
Red Eric is offline  
Old Apr 30th 2022, 2:52 pm
  #3  
BE Enthusiast
 
Joined: Nov 2017
Posts: 650
Shanorme has a reputation beyond reputeShanorme has a reputation beyond reputeShanorme has a reputation beyond reputeShanorme has a reputation beyond reputeShanorme has a reputation beyond reputeShanorme has a reputation beyond reputeShanorme has a reputation beyond reputeShanorme has a reputation beyond reputeShanorme has a reputation beyond reputeShanorme has a reputation beyond reputeShanorme has a reputation beyond repute
Default Re: Quinta for sale ... but with no habitation licence

I wouldn't touch it with a barge pole - if the habitation license were easy to get they would have got it.
Shanorme is offline  
Old Apr 30th 2022, 3:53 pm
  #4  
Lost in BE Cyberspace
 
Joined: Feb 2013
Posts: 5,439
Moses2013 has a reputation beyond reputeMoses2013 has a reputation beyond reputeMoses2013 has a reputation beyond reputeMoses2013 has a reputation beyond reputeMoses2013 has a reputation beyond reputeMoses2013 has a reputation beyond reputeMoses2013 has a reputation beyond reputeMoses2013 has a reputation beyond reputeMoses2013 has a reputation beyond reputeMoses2013 has a reputation beyond reputeMoses2013 has a reputation beyond repute
Default Re: Quinta for sale ... but with no habitation licence

Originally Posted by Shanorme View Post
I wouldn't touch it with a barge pole - if the habitation license were easy to get they would have got it.
Agree and doesn't everyone want to get the maximum selling price. If it was so easy for them to get, that little bit of money would have been well spent. If it's not the seller trying to make money, it's the estate agents and lawyers who will happily take your money. You could also ask the townhall planning department directly, before paying the lawyer fees. I've seen even worse in Spain recently and a local estate agent had a bargain property for sale. The small print readTHE AVAILABILITY OF ACCESS TO THE PROPERTY IS NOT GUARANTEED, IT MAY BE OCCUPIED BY THIRD PARTIES WITHOUT TITLE
Moses2013 is offline  
Old Apr 30th 2022, 4:45 pm
  #5  
BE Enthusiast
 
Joined: Nov 2017
Posts: 781
Rambling archer has a reputation beyond reputeRambling archer has a reputation beyond reputeRambling archer has a reputation beyond reputeRambling archer has a reputation beyond reputeRambling archer has a reputation beyond reputeRambling archer has a reputation beyond reputeRambling archer has a reputation beyond reputeRambling archer has a reputation beyond reputeRambling archer has a reputation beyond reputeRambling archer has a reputation beyond reputeRambling archer has a reputation beyond repute
Default Re: Quinta for sale ... but with no habitation licence

Is it being sold privately or via an Estate Agent? Estate Agent is worth communicating with first (private sale - don't touch it ... ) and ask what commitment or complication there is? They will have more info about it than they would have put in the advert. For instance our property (not a quinta which might come with its own complications) did not have a HabitLice as 30 years ago it was sort of glossed over and though built with all approvals via the Camara the HabitLice was never applied for ... our Lawyer put in the proviso in the promissary contract that it was dependant on the seller obtaining the HabitLice from the Camara and it was indeed done fairly quickly, otherwise they would have reneged on the promissary and we would have got our deposit back.
However it does seem a bit strange on a building from only 9 years ago ... the local Camara should have records of the planning permission for the construction and your lawyer can take it from there as to whether legal, agricultural, bona-fide or other! So ask the questions, and prepare a fall-back listing of other properties too!
Rambling archer is offline  
Old Apr 30th 2022, 7:28 pm
  #6  
BE Enthusiast
 
Joined: Aug 2017
Posts: 604
chislenko has a reputation beyond reputechislenko has a reputation beyond reputechislenko has a reputation beyond reputechislenko has a reputation beyond reputechislenko has a reputation beyond reputechislenko has a reputation beyond reputechislenko has a reputation beyond reputechislenko has a reputation beyond reputechislenko has a reputation beyond reputechislenko has a reputation beyond reputechislenko has a reputation beyond repute
Default Re: Quinta for sale ... but with no habitation licence

Not an expert by any means but the estate agent we are currently selling through (and another we tried) would not even list ours until we had a current Caderneta (spelling), Energy Certificate, Ficha Technical and Habitation Licence.

As I say I am no expert but it would appear these are the documents needed to sell.
chislenko is offline  
Old May 1st 2022, 8:18 pm
  #7  
BE Forum Addict
 
liveaboard's Avatar
 
Joined: Jun 2012
Posts: 2,785
liveaboard has a reputation beyond reputeliveaboard has a reputation beyond reputeliveaboard has a reputation beyond reputeliveaboard has a reputation beyond reputeliveaboard has a reputation beyond reputeliveaboard has a reputation beyond reputeliveaboard has a reputation beyond reputeliveaboard has a reputation beyond reputeliveaboard has a reputation beyond reputeliveaboard has a reputation beyond reputeliveaboard has a reputation beyond repute
Default Re: Quinta for sale ... but with no habitation licence

Tell them that's great, see you in a month if I don't buy something else first.
liveaboard is offline  
Old May 5th 2022, 1:42 pm
  #8  
Just Joined
Thread Starter
 
Joined: Apr 2022
Posts: 13
sjjhow is an unknown quantity at this point
Default Re: Quinta for sale ... but with no habitation licence

It's listed by three different estate agencies.

I think what you've suggested about the lawyer putting in a proviso that the seller must obtain the habitation licence is great.
sjjhow is offline  
Old May 5th 2022, 1:44 pm
  #9  
Just Joined
Thread Starter
 
Joined: Apr 2022
Posts: 13
sjjhow is an unknown quantity at this point
Default Re: Quinta for sale ... but with no habitation licence

Thanks everyone for your advice. We have some due diligence to carry out. I will be contacting the council and the estate agencies and of course insisting with my lawyer that if we proceed, there is an agreement in place whereby the seller must obtain the habitation licence first otherwise we will not proceed and our deposit will be repaid.
sjjhow is offline  

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off


Contact Us - Archive - Advertising - Cookie Policy - Privacy Statement - Terms of Service - Do Not Sell My Personal Information -

Copyright © 2022 MH Sub I, LLC dba Internet Brands. All rights reserved. Use of this site indicates your consent to the Terms of Use.