Legal Dossier - Home Acquisition
Article by Viver no Centro de Portugal - Official Partner to KipperTree.
19 09 2023
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The acquisition of a property in Portugal, because it is subject to the payment of taxes, requires registration with the Tax Administration to obtain its Tax Identification Number;
Residents abroad, as well as those who, although resident in the national territory, are absent from it for more than six months, must, for tax purposes, designate a representative residing in the national territory.
If you are a resident or are absent from a Member State of the European Union or the European Economic Area, the appointment of this representative is merely optional.
The tax domicile is the place of habitual residence, or, in the case of citizens residing abroad, the tax domicile corresponds to that of the tax representative.
To complete the purchase of your home, it is necessary to present some documents that identify the property and confirm the legitimacy of the owner and the buyer:
1. Certificate of land registry (or content certificate)
It is through the information provided by the land registry that you can find out what the composition of a particular building, the legitimacy of those who want to sell the property, and what kind of charges may relate to it (mortgages, loans, etc.).
A land registration certificate, on paper or digital form, may be required:
In-person, with any Land Registry Office, an entity that has the complete descriptions of the properties;
2. Building Booklet
This document can be requested from any Finance Service and there obtain information about the tax situation of the property and ascertain the entity responsible for compliance with the tax obligations related to it.
In the Finance Portal, owners can obtain the building booklet of their properties;
In place of the building booklet, the content certificate of the matrix article (which has a validity of only one year) may be requested;
3. License to Use
The Use License is intended to attest to what use the property is intended for and that it is fit for its purpose. This license must be requested from the City Council of the municipality where the property is located. However, at the time of purchase and sale, it may only provide proof of the license application if it has not yet been issued.
4. Housing Technical Data Sheet
The Housing Technical Data Sheet is a descriptive document of the main technical and functional characteristics of the property. It must be requested directly to the City Hall of the municipality where the property is located.
5. Energy Certificate
This must be presented by the owner at the time of purchase and sale.
6. Guide to the prior payment of the Municipal Tax on Onerous Real Estate Transactions.
7. Photocopy of identity cards (or equivalent identification documents) and contractors' tax payout cards.
8. Display of power of attorney, in the situation of representation by representative.
Please note that there may be situations in which the so-called legal right of preference falls on the property in question, which may be exercised by the City Council or the General Directorate of Cultural Heritage, in the event of the sale of classified or classified or immovable property located in areas of protection.
In these situations, you must obtain proof of the resignation of the City Council or the General Directorate of Cultural Heritage to its legal right of preference. Know now where and how the purchase and sale of the property can be realized.
In any Notary's Office - Through the conclusion of a public deed, followed by mandatory submission for registration at a Land Registry Office.
In a Casa Pronta Counter - "Casa Pronta" is a one-stop shop where it is possible to carry out all transactions related to the purchase and sale of real estate. At this counter, it is possible to pay taxes, enter into their contracts, immediately carry out all registrations, ask for exemption from payment of the Municipal Property Tax, ask for a change in the tax address, etc. You can consult the website, the updated list of conservatories, and registration services where the counter "Casa Pronta" is available.
Other avenues - using lawyers, Chambers of Commerce, and Industry or solicitors; with the Association of Real Estate Media Professionals and Companies (Porto, Coimbra, Lisbon, and Vilamoura), provided that the service is requested by an Associated Company; real estate mediation companies that have joined the "Casa Pronta" Counter service.
The acquisition of property is completed with registration with the Land Registry Office. With this registration, the certificate proving the property of the property is issued.
On the Website of the Institute of Registers and Notary can be obtained the tables of notary and foregoing costs.
THIS INFORMATION DOES NOT EXEMPT THE CONSULTATION OF APPLICABLE LEGISLATION
Source: APEMIP
