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Buying Property in Portugal in 2026: Your Legal Questions Answered

Foto do escritor: Dra. Sandra Gomes Pinto
Dra. Sandra Gomes Pinto
1 de jul.
6 min de leitura

Atualizado: 31 de out.


By Dra. Sandra Gomes Pinto, Founding Partner, SGP – Sandra Gomes Pinto & Associados, Lisbon · Published 1 July 2026


In short: Buying property in Portugal follows a clear sequence: get a NIF and a Portuguese bank account, carry out legal and technical due diligence, sign a reservation, sign and register a promissory contract (CPCV), and complete the deed (escritura). Budget about 10% on top of the purchase price for taxes and fees. The answers below come from a live webinar in which Dra. Sandra Gomes Pinto, a Lisbon lawyer with more than 30 years of experience, walked buyers through the process and answered their questions.


Buying property in Portugal at a glance

Topic

Key point

Tax number

NIF (Número de Identificação Fiscal), which can be obtained online

Bank account

A Portuguese account is highly advisable

Reservation deposit

Typically €5,000 to €10,000

Promissory contract (CPCV)

Binding; signatures notarised; register it at the land registry

If the seller withdraws

The deposit is returned doubled

If the buyer withdraws without cause

The deposit is forfeited

Total acquisition costs

About 10% on top of the purchase price

Property transfer tax (IMT)

6–8%, depending on value and residency status

Stamp duty

0.8%

Mortgage for non-residents

Typically 70–80% of the appraised value

Bank age limit

Loans generally not beyond the borrower’s age of 70–72

International transfer

Allow 5–7 working days, plus a buffer


Before you buy: NIF, bank account and due diligence

What are the first steps to buying property in Portugal?

The first two steps are getting a NIF, Portugal’s tax identification number, and opening a Portuguese bank account. SGP can arrange the NIF online on your behalf. A bank account is not technically mandatory but is highly advisable: sellers expect payment by bank cheque at the deed signing, and the account makes it simpler to pay taxes, utilities and condominium fees later. With your NIF and bank account in place, you can start searching for a property on platforms such as Idealista.


What legal due diligence is needed before making an offer on a property in Portugal?

Your lawyer should check the permanent land registry certificate (Certidão Permanente) to verify ownership and identify any mortgages, liens or ongoing litigation. They should also check with the tax authority (Finanças) that the property is properly registered, verify the usage licence with the city council (Câmara Municipal), and confirm that what physically exists matches what was licensed. The condominium manager should also provide a declaration confirming that the seller has no outstanding debts to the building.


Should I hire an independent engineer to inspect a property in Portugal?

Yes, especially for used properties. Portugal used asbestos in construction during the 1980s, and SGP has had clients who bought properties containing it: removal was costly and responsibility was not clear-cut. Your inspector should check for mould, damp, structural defects, electrical problems, pollutant materials and any illegal extensions that do not match the licensed plans. This inspection is money very well spent before you sign any contract.


Contracts: reservation, CPCV and registration

How does a reservation agreement work in Portugal?

A reservation is an informal agreement that takes the property off the market while your lawyer completes due diligence; you typically pay €5,000 to €10,000 into a separate account. This is the window to complete the legal and technical checks. Only once all inspections are satisfactory should you move on to the promissory contract.


What is a promissory contract (CPCV) in Portugal?

The promissory contract (Contrato-Promessa de Compra e Venda, or CPCV) is a fully binding agreement regulated by the Portuguese Civil Code. It identifies the buyer, the seller and the property; sets out all the terms of the deal, the completion date and the payment structure; and includes seller declarations, for example that there are no hidden defects, pollutant materials or undisclosed encumbrances. Signatures must be notarised. If the seller backs out, they must return the deposit doubled; if the buyer backs out without cause, the deposit is forfeited. The contract can be tailored to your needs, including inspection contingencies or a financing clause.


Why should I register the promissory contract at the land registry?

In Portugal the down payment goes directly to the seller and does not sit in escrow, so registering the CPCV is the buyer’s fundamental protection. Registration prevents the seller from selling the property to a third party and prevents the seller’s creditors from registering a new lien enforceable against you. Buyers frequently overlook this step, and SGP always recommends registering the promissory contract.


Financing, taxes and costs

Should I secure a mortgage before signing the promissory contract?

Yes. SGP always advises getting mortgage approval before signing the CPCV, rather than relying on a financing contingency clause. If the bank’s appraisal comes in below the purchase price, the shortfall is yours to cover, and non-residents can typically borrow only 70–80% of the appraised value. Confirm that your financing is approved first, then sign the contract.


What taxes and fees should I budget for when buying property in Portugal?

As a rule of thumb, add 10% on top of the purchase price to cover all acquisition costs. This includes:


  • property transfer tax (IMT): 6–8%, depending on the property value and your residency status;

  • stamp duty: 0.8%;

  • notary and land registry fees;

  • legal fees.


If you are under 35 and buying your primary residence for under approximately €330,000, you may qualify for a full IMT exemption, with partial exemptions up to around €660,000. The government updates these thresholds every year, so always check the current brackets.


What documents do Portuguese banks require for a mortgage?

Portuguese banks typically ask for your passport and NIF, your last three tax returns, recent payslips, three to six months of bank statements and an overview of your assets and liabilities. Banks generally will not lend beyond the borrower’s age of 70–72, which surprises many American buyers. When transferring funds from abroad, allow five to seven working days plus an extra buffer: arriving late to a deed signing because of a delayed transfer is a serious and costly problem.


Completing the purchase

What happens at the deed signing in Portugal?

At the deed (escritura), executed by a notary or a lawyer, all documents are checked a final time and the title passes from the seller to the buyer. Payment is made by bank cheque in the seller’s name. SGP advises paying the taxes on the day of the deed, but not before you are certain the deed will go ahead, because last-minute details occasionally cause delays. Immediately afterwards, the property is registered in your name at the land registry; always ask for written confirmation of this registration.


What if the property in Portugal has existing tenants?

Be very careful: tenants in Portugal are strongly protected by law, and courts tend to be even more protective than the legislation requires. The existing lease transfers to you as the new owner. Tenants also have a right of first refusal: before selling to a third party, the seller must offer the property to the tenant on the same terms. If this is not done, the tenant can challenge and potentially void the sale. This must be addressed explicitly in the promissory contract.


What is Dra. Sandra Gomes Pinto’s most important advice for property buyers in Portugal?

Hire your own independent lawyer, independent from both the real estate agent and the seller. Portugal’s property market is competitive, and agents often suggest their affiliated legal team, but those lawyers work in the agent’s interest, not yours. Your lawyer should carry out proper legal and technical due diligence, verify the usage licence, and make sure the promissory contract is both notarised and registered at the land registry. Together, these steps make buying property in Portugal safe and straightforward.


About the author

Dra. Sandra Gomes Pinto is the Founding Partner of SGP – Sandra Gomes Pinto & Associados, a Lisbon law firm advising international clients on Portuguese immigration and citizenship, property transactions, tax, and wills and estate planning. SGP was a pioneer in helping Americans move to Portugal and has assisted more than 500 Americans and other international clients with their relocation.


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📩 Thinking of buying property in Portugal? Contact SGP at sgp@sandragomespinto.com or visit sandragomespinto.com. Our team provides full legal support throughout the acquisition process, from NIF and bank account to deed signing and beyond.


This article summarises general information shared in a webinar and reflects Portuguese law and practice as of July 2026. Tax thresholds are updated every year. It is not legal advice for your specific situation.

 
 
 

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