Practical legal guide · Portugal
Buying property in Portugal as a foreigner: what to check before you sign
Buying a flat or house in Portugal is open to foreigners from the EU and beyond. The risk lies in what you cannot see: mortgages or seizures registered on the property, extensions without permission, or a promissory contract whose deposit terms work against you. A lawyer in Portugal checks this before you sign the promissory contract (contrato-promessa) or pay a deposit.
Describe your caseUpdated and verified:
Short answer
- Portuguese tax number (NIF)
- Land registry certificate
- Promissory contract and deposit
- Deed and registration
You need a Portuguese tax number (NIF), and before paying a deposit you should know what the land registry says about the property. Below we explain what is at stake and what a Portuguese lawyer checks.
Describe your caseQuick answers
- Can foreigners buy property in Portugal?
- Yes. Citizens of EU and non-EU countries can buy property in Portugal. You need a Portuguese tax number (NIF).
- What is a contrato-promessa?
- A promissory contract in which buyer and seller commit to the sale, usually with a deposit (sinal), before the final deed is signed.
- What happens to my deposit if the seller withdraws?
- Under the Civil Code the buyer can claim double the deposit paid; if the buyer withdraws, the seller can keep the deposit.
When this situation arises
- You are buying a holiday home in the Algarve, on the Silver Coast or on Madeira
- You are moving to Portugal and buying a flat in Lisbon or Porto
- The agent asks you to sign a promissory contract and pay a deposit quickly
- The seller lives abroad or the property belongs to several heirs
What options do you have
Legal check before the deposit
A lawyer checks the land registry, charges, ownership and building permissions before you sign the promissory contract.
Promissory contract with clear terms
The promissory contract (contrato-promessa) and the deposit (sinal) decide what happens if the purchase falls through; the lawyer drafts or reviews them.
Deed and registration
The lawyer prepares the deed and checks the registration of your ownership.
Recommended step-by-step process
- 1.
Ownership and charges
The lawyer checks in the land registry who owns the property and whether mortgages, seizures or other charges are registered.
- 2.
Building permissions
The lawyer checks whether extensions, pools or conversions have the necessary permissions.
- 3.
Contract and deposit
The lawyer drafts or reviews the promissory contract and the deposit terms.
- 4.
Taxes and costs
The lawyer explains which purchase taxes and costs apply to your purchase.
What documents to prepare
- Passport and NIF
- Land registry certificate of the property
- Property tax record (caderneta predial)
- Draft promissory contract, if offered
- Plans and permissions for any building work
Common mistakes
- Paying a deposit before checking the land registry
- Relying only on the estate agent's information
- Buying a property with an extension or pool without permission
- Signing a promissory contract without reading the deposit terms
Risks and important deadlines
Hidden charges
A mortgage or seizure registered on the property stays with it unless it is cancelled.
Lost deposit
If you withdraw from the promissory contract, the seller can keep the deposit.
Local rules
Some planning rules depend on the municipality; the lawyer checks the rules where the property is.
When it's worth contacting a lawyer
Contact a lawyer in Portugal before you sign a promissory contract or pay a deposit, especially if the seller lives abroad, the property has extensions or a pool, or you are buying off-plan. A Portuguese lawyer checks the land registry and permissions, reviews the contract and accompanies you to the deed. LawBridge is a lawyer search engine: you choose the lawyer yourself and send them a request. A lawyer's work is always paid.
Describe your caseFrequently asked questions
Why check the land registry?
The registry shows who owns the property and which mortgages or other charges are registered on it.
Verified sources
- Decreto-Lei n.º 14/2013, arts. 2.º e 3.º – número de identificação fiscal (NIF) — Diário da República (INCM)
- Código do Registo Predial, art. 1.º – publicidade da situação jurídica dos prédios — Diário da República (INCM)
- Código Civil, art. 442.º – sinal no contrato-promessa — Diário da República (INCM)
- Decreto-Lei n.º 555/99 (RJUE), art. 4.º – licença e comunicação prévia de operações urbanísticas — Diário da República (INCM)
