Which documents do I need to sell my house in Portugal? The list for your situation

Which documents do I need to sell my property? The core set is nearly always the same. It covers the caderneta predial (the tax record of the property), the certidão permanente (the land registry certificate), the licença de utilização (the occupancy licence), the ficha técnica da habitação (the technical file of the dwelling) and the energy certificate. Other papers are added depending on the type of property and your situation.

Below, choose the type of property and what applies to you, such as an inheritance, a divorce, a mortgage or a tenant. The list sorts the documents by stage: before you advertise, for the CPCV (the promissory contract of sale) and for the escritura (the deed of sale). For each document, it also says where to request it: the Portal das Finanças, the land registry, the Câmara Municipal, your bank or a qualified expert. For a plot of land, for example, the list changes a lot, as there is no energy certificate or occupancy licence to present.

This list helps you prepare the sale. It does not replace the professional who draws up the deed. The notary, lawyer or solicitador confirms which documents your case requires. To learn what each document proves and where delays usually come from, read the guide Documents needed to sell a property in Portugal. If you are not yet sure what price to ask, start with the free estimate.

What this checklist is for and when to use it

The checklist helps you prepare the sale before your listing goes live. The energy certificate must exist from that first day, because the energy rating has to appear in the listing. The rule is explained by the Sistema de Certificação Energética dos Edifícios, the official energy certification scheme. The estate agency, or whoever publishes the listing, has to make sure that information is there, so many agencies will not start without the certificate.

The second reason is the buyer. When someone likes the property, they ask for the caderneta predial and the certidão permanente straight after the viewing, often the same day. If they have to wait several weeks for a document from the council, they will be viewing other homes in the meantime.

Listing, promissory contract and deed: what each stage requires

The answer to "which documents do I need to sell my property?" depends on the stage of the sale. That is why the checklist splits the documents into three phases, and you do not need to gather everything at once.

• Listing: the energy certificate, the caderneta predial (the property's record at the tax office) and the certidão permanente (the land registry certificate). The latter confirms who owns the property and whether there is a mortgage or a seizure order on it.
• Promissory contract (CPCV, the binding agreement signed before completion): the buyer and their bank will want to see the licença de utilização (habitation licence), the floor plan and, for more recent properties, the ficha técnica da habitação (the building's technical file). For a flat, the condominium accounts are added.
• Deed (escritura, the final signing): the same documents, but valid on that day. If you still have a mortgage, add a statement from your bank showing the amount outstanding, so the loan can be paid off at the signing.

Not everything is needed on day one, because some documents have an expiry date. A certificate requested too early may have lapsed by the time the deed is scheduled, and you will have to request it again. Other documents depend on the buyer: you only find out what their bank requires once they come forward.

When your situation changes, go back to the checklist

The checklist you drew up at the start stops being enough when a new person joins the process. The most common case is a buyer with a mortgage. Their bank sends a valuer to inspect the property and asks for the floor plan, the licence and an up-to-date caderneta. If the area on the plan does not match the one on the caderneta, the valuation is delayed.

The same happens when an heir becomes involved. You then need the habilitação de herdeiros (the deed declaring who the heirs are) and the signature of every heir, or of someone representing them under a power of attorney. See what changes in property valuation as part of an inheritance.

A tenant who stays in the property has a right of first refusal and must be notified before the sale. The steps are on the page about selling a rented property. A divorce midway through the process changes who signs and who receives the money: see property valuation in a divorce.

Before you set a price or ask for a market study

Also use the checklist to see what is missing before you talk about price. A missing document can change the value of the property, not just the timing of the sale.

A frequent example is an enclosed balcony or a converted loft that appears on neither the licence nor the caderneta. The buyer and the bank only count the legal area. If you base your price on the actual area, the difference will surface during negotiation, and it is the seller who loses it.

So take stock of your paperwork first. Only then request a free estimate or a market study. That way, your property is compared with similar homes on the basis of the right data.

Reading the result: each document, when it is needed and where to get it

Each line of the result answers three things: what the document is, at which stage of the sale it will be asked for, and where you get it. Read the list stage by stage. That way you know what must be ready now and what can wait a few weeks.

The same offices come up again and again. The tax office (Finanças) issues the caderneta predial (the property's tax record) and tax declarations. The Land Registry (Conservatória do Registo Predial) issues the certidão permanente (the online land registry certificate). The Câmara Municipal, the town hall of the municipality, holds the licença de utilização (the occupancy licence) and the plans. The condominium issues the statement of charges, and the bank deals with anything linked to the mortgage.

The three stages shown on each line

• Listing: what you need before putting the property on the market, mainly the energy certificate and the details from the caderneta predial.
• Promissory contract (CPCV, the binding preliminary agreement): what the buyer, their bank or the estate agent ask for to close the deal, such as an up-to-date certidão permanente.
• Escritura (the deed signed on completion day): what the notary, lawyer or solicitor checks on the day of the sale, such as the condominium statement or the bank's document to cancel the mortgage.

A document can appear at one stage and be requested again at another. The certidão permanente, for example, shows the buyer that the property holds no surprises. On the day of the escritura, whoever handles the deed checks it once more.

What you can request online and what needs a visit

Part of the list can be done from home, at your computer. You download the caderneta predial from the Portal das Finanças using your login details. The certidão permanente is requested on Predial Online, and you receive an access code that you can send to the buyer.

Other documents take longer. The energy certificate requires a visit from a qualified assessor, who measures the property and records the data in the ADENE system. Allow a few days between booking and issue.

The occupancy licence varies the most. For a recent property, it is usually in the town hall's file, and many municipalities let you request it online. For an older building, you may need to go to the municipal archive or ask for a certificate showing that the building predates the licence requirement.

Check how long each paper stays valid before you ask for it

Not every document lasts forever. The certidão permanente is valid for a limited period, stated when you request it. The energy certificate lasts several years, but its expiry date is printed on the document itself, so check it before you list.

Documents that depend on third parties should be requested close to the date. The condominium statement must reflect any unpaid fees at the time of the escritura. The bank's redemption statement, showing the amount to pay off the loan, changes every month with the interest. Ask for these once the escritura date is set.

One simple rule helps. Request straight away whatever is stable and helps you prepare the listing. Leave until last anything that shows a situation on a given day: debts, outstanding amounts, charges.

Example: a two-bedroom flat in a condominium building, with a mortgage still running

Ana is selling a two-bedroom flat (a T2) in a 1990s building held under propriedade horizontal (separate ownership of each unit in a shared building) in Odivelas, near Lisbon. She still has a mortgage with her bank. The list shows her documents from five different offices. This is the sensible order for gathering them.

1. Download the caderneta predial from the Portal das Finanças and check that the area and the fração (the letter identifying the flat) match reality.
2. Request the certidão permanente online and check that the bank's mortgage is registered, and that no other forgotten charge appears, such as an old seizure order.
3. Book the energy certificate, which must exist before the listing goes live.
4. Check with the Câmara Municipal de Odivelas that the flat has its occupancy licence and, if there has been interior work, that the plans match what is actually there.
5. Once the CPCV is signed, ask the bank for the statement giving the exact amount to repay the loan on the planned escritura date.
6. In the week of the escritura, ask the condominium management for the statement of charges and debts on the flat.

Steps 5 and 6 are the most delicate part. The bank must either attend the escritura or send the document cancelling the mortgage. Talk to them early, even if the formal request comes later. The guide to selling a property with a mortgage explains how that day is organised.

For the detail on each document and on special cases, see the guide to the documents needed to sell a property in Portugal. With your paperwork in order, the price is what remains: the free estimate gives you a first market reference before you list.

What changes the list: property type and the seller's situation

The basic list is short. It grows with two things: the type of property and how it came to be yours. An inherited flat that is still let can need twice the paperwork of a house bought ten years ago and fully paid off.

Flat, house or plot of land

The condominium statement (declaração do condomínio) is only needed when the property is a unit in a building under horizontal ownership. That covers most flats, but also some terraced houses that share a condominium. The building manager issues it. It shows whether any service charges or building works are unpaid, and the notary asks for it at the escritura (the final deed of sale).

The housing technical file (ficha técnica da habitação) only exists for more recent homes, built after this document became compulsory. In an older building, the notary will go ahead without it. If your property is recent and the file has been lost, ask the municipality (Câmara Municipal) or the builder for a copy.

The licença de utilização (the occupancy licence) applies to flats and houses. A very old building, put up before the licence was required, can be exempted with a certificate from the municipality confirming its age. A plot of land needs neither a licence nor an energy certificate. With rural land, the neighbours whose plots border yours may have a right of first refusal, so check this with your solicitor before accepting an offer.

Inherited property

Before selling, the heirs have to prove they are the heirs. That is the job of the habilitação de herdeiros (the declaration of heirs), drawn up by a notary or at the Balcão das Heranças, the inheritance desk of a land registry office. The property must then be registered at the land registry in the heirs' names. While the registration still shows the person who died, no escritura can take place.

At the sale, every heir signs, or gives a power of attorney (procuração) to someone who signs on their behalf. A single heir who disagrees is enough to block the whole property. If a brother or sister lives abroad, sort out the power of attorney early, as it may have to be done at a consulate. For the value to put to the heirs, see the page on property valuation as part of an inheritance.

Divorce or separation

If the division of assets has been completed and registered, the property belongs to one former spouse alone, and only that person signs. Bring the deed or court ruling on the division, because the buyer and their bank will want to see it.

If the property is still in both names, the divorce changes nothing at the land registry. Both owners must sign the CPCV (the promissory contract of sale) and the escritura. Agree in writing, before advertising, on the lowest acceptable price and how the money will be split. A dispute halfway through the sale loses buyers. The page on valuing a property in a divorce helps you settle on a figure you both accept.

An outstanding mortgage

A mortgage does not stop a sale. Ask your bank for a statement giving the exact amount needed to pay off the loan on a date close to the escritura. On the day, part of the buyer's money goes straight to the bank. The bank then hands over the distrate (the mortgage release), the document that allows the mortgage to be removed from the land register.

Request that statement well in advance, as some banks are slow to reply. Check too whether there is an early repayment charge. The guide on selling a property with a mortgage sets out the order of the steps.

A property with a tenant

A tenant who has held a lease for some time may have a right of first refusal: the right to buy the property at the same price and on the same terms as the buyer you have found. So you negotiate with the buyer first. Only then do you tell the tenant the price, the payment terms and the expected date of the escritura.

Send that notice by registered post with proof of delivery, and keep the receipt. The tenant has a legal deadline to reply. If they were never told, they can later go to court to take the buyer's place. Bring the tenancy agreement as well, since the buyer will want to know the rent and when the lease ends. More detail in selling a property with a tenant.

What the list can't check, and the mistakes that delay the escritura

The list is built from the type of property and the situation you selected. It is a general list. It doesn't read your documents, check that they are still valid or confirm that the details match from one document to the next.

Whoever handles the escritura (the deed of sale) decides what your case requires. That can be a notary, a lawyer or a solicitador (a licensed legal agent). They may ask for something the list doesn't show, such as a power of attorney, a certificate from the Câmara Municipal or your spouse's consent. Show them your file at the start, not in the week of the signing.

The mistakes that most often hold up a sale

Nearly every delay comes from documents that exist but don't say the same thing. The problem rarely shows up in the listing. It tends to surface during the buyer's bank valuation or the day before the escritura, when time has already run short.

• A floor area in the caderneta predial (the tax record of the property) that doesn't match reality. An enclosed balcony, a loft turned into a bedroom or an old measurement is enough to create the gap. The bank's valuer measures the property and records the discrepancy. Fixing it means updating the tax record at the tax office, which can change the property's tax value.
• Building work without a licence. An annexe in the garden, a swimming pool, a knocked-down wall or a kitchen moved to another room leaves the council's plans different from what the buyer sees on a viewing. Legalising the work may need an architect's project and a council decision that takes time. Putting things back as they were is also an option, but it means paying for building work.
• A Land Registry record that doesn't match the tax office. The points to compare are the address, the artigo matricial (the tax reference number), the floor area, the layout of the property and the owner's name. Typical cases are an inheritance that was never registered, an ex-spouse still listed as owner, or a maiden name. Whoever handles the escritura compares the certidão permanente (the official Land Registry extract) with the caderneta, and if they don't match, the sale stops there.

You can run this check yourself. Lay the caderneta predial, the certidão permanente and the licença de utilização (the occupancy licence) side by side and compare them line by line. If you find a difference, sort it out before accepting an offer. Once the CPCV (the promissory contract) is signed, you have a deadline for the escritura.

When to get help before you advertise

In some cases the list isn't enough, and it pays to speak to a professional before putting the property on the market. Fixing things later, with a buyer waiting, costs more and puts everyone under pressure.

• An older property without a licença de utilização. Buildings put up before the licence became compulsory can replace it with a council certificate confirming this. If work was done afterwards, the situation changes and you may need to apply for the licence. A solicitador or an architect can tell you which case applies to you.
• An inheritance with heirs living abroad. The first step is the habilitação de herdeiros (the formal declaration of who the heirs are). After that, every heir must sign or grant a power of attorney, and each one needs a Portuguese NIF (tax number). A power of attorney drawn up outside Portugal has its own formal rules and sometimes needs a translation. See the page on property valuation in the context of an inheritance and the page on selling without living in Portugal.
• Charges or seizures on the register. A mortgage from a home loan is normal: the bank issues the distrate (the release document) and the debt is paid off on the day of the escritura, as the guide on selling with a mortgage explains. A seizure (penhora) by the tax office, Social Security or a creditor is a different matter. Without its cancellation the escritura cannot go ahead, and a lawyer should deal with it before any listing goes live.

Once your documents are in order, the next question is price. The free estimate gives you a market value based on market data and comparable properties in your area. It is not a bank valuation or a certified valuation. To see what you keep after taxes and costs, use the net sale proceeds calculator. The most common questions about each situation are answered in the FAQ.

Common questions about the documents needed to sell