PORTUGAL PROPERTY - LEGAL INFORMATION

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The legal regulations are very specific when buying a property in Portugal but it is always advisable to use a qualified legal advice in any property transaction.

It is also important to insure that any plans in the Town Hall referring specifically to the property do physically agree with the existing construction. A property for living purposes must also have the following documentation.

a.      A Habitation License for property constructed after 1951

b.      A Certified insertion in the records of the Land Conservatory

c.      A detailed "Caderneta Urbana" from the Tax Office

d.      A "Certificado Energético" detailing the energy factors

Commercial and Industrial properties require both Points b. and c.

In the case of a rural property the following extra document is necessary which is a detailed and an up-to-date description of the property as is named "Caderneta Rustica". This document is issued by the local Tax Office.

Each Town Hall and Tax Office tend to have their own local interpretation of the laws and regulations and these should be first carefully checked prior to an intended purchase. It is always advisable to make legal and other specific searches prior to acquiring a rural or urban property.

The normal practice is for the seller of a property to pay a commission to an Estate Agent but as this is not a controlled percentage and it can vary from area to area.
 



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