UPDATE IN 2022 - NEW DOCUMENTATION NEEDED WHEN PURCHASING A PROPERTY IN PORTUGAL

The new law nº8/2022, that modifies the regime of the Civil Code regarding to the duties of the condominium in matters of purchase and sale, has brought new declarations to the regime of transfer of ownership.

According to the new changes, applicable from April, the condominium must issue a written statement containing all charges of the condominium, including debts. This declaration will become a mandatory document at the time of the deed of sale or certified private document of sale of the apartment.

For the purpose of the purchase and sale, the owner must request the condominium manager to issue a written declaration stating:

1. the amount of all condominium charges in force in relation to the fraction, specifying their nature, respective amounts and payment deadlines, and

2. the amount of debts, if any, their nature, constitution dates and due dates.

Once requested, through a request, the administrator has 10 days to issue the statement. Without this declaration, the deed cannot be signed.

Nothing prevents, however, the purchaser from declaring that he waives the administrator's declaration, thus accepting responsibility for any debt to the condominium. It is this declaration that will replace the document issued by the condominium, counting from the deed, being an exception to the regime of assumption of debts.

Without the declaration, the deed or the certified private document of alienation of the fraction cannot be executed.