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Documents to sell a house in Portugal in 2026: the property tax record (caderneta predial), the permanent land registry certificate (certidão permanente), the energy certificate, the mortgage release (distrate) if there is a mortgage and, for a flat in a condominium, the statement of charges and debts issued by the building administrator. Since 1 October 2026, the deed must also state the position of the planning title (título urbanístico). The housing technical file (ficha técnica de habitação) and the occupancy permit (licença de utilização) stopped being required on the deed in January 2024. We explain what to ask for, from whom and how far in advance.
In short
- Among the documents to sell a house in Portugal, the housing technical file and the occupancy permit stopped being required on the deed on 1 January 2024.
- Since 1 October 2026, the deed must state the position of the planning title: presented, declared but not presented, or declared non-existent. Without that statement, the sale is voidable.
- For a flat, the administrator has 10 days to issue the statement of charges and debts to the condominium, mandatory for the deed.
- Fees falling due after the deed are the buyer’s; those due before are the seller’s, unless the buyer waives the statement.
- Enclosed balcony: needs a procedure at the câmara and authorisation from the general meeting by two-thirds of the building’s value.
- Home let for more than two years: the tenant has a right of first refusal and 30 days to reply.
Documents to sell a house in Portugal: the updated list for 2026
The list of documents to sell a house in Portugal got shorter in 2024 and gained a new rule in October 2026. This is what counts today when selling a flat (fração autónoma) in a building with a condominium:
| Document | What it is for | Where to get it | On the deed in 2026 |
|---|---|---|---|
| Property tax record (caderneta predial urbana) | Identifies the property with the Tax Authority (tax article number, areas, taxable value) | Portal das Finanças | Yes |
| Permanent land registry certificate (certidão permanente do registo predial) | Shows who the owner is and any encumbrances (mortgages, attachments); valid for 6 months | Land registry office or online land registry | Yes (access code) |
| Energy certificate | Rates the energy efficiency; the rating must appear in the advert and the certificate should be made available before the promissory contract (CPCV) | Qualified expert | Yes (the notary records the number) |
| Mortgage release (distrate) or the bank’s debt statement | Proves the mortgage has ended or the amount to be paid off at completion | Lending bank | If there is a loan |
| Statement of charges and debts to the condominium (declaração de encargos e dívidas) | States what the flat pays and whether there are debts | Building administrator (administrador) | Yes, unless the buyer waives it |
| Statement on the planning title | States whether there is a title for the building works and whether it was presented | Made by whoever executes the deed, based on what the seller presents or declares | Mandatory since 1 October 2026 |
| Housing technical file (ficha técnica de habitação) | Describes the technical features of the home | — | No longer required since 1 January 2024 |
| Occupancy permit (licença or autorização de utilização) | Certifies the authorised use of the property | Câmara Municipal (town hall) | No longer required since 1 January 2024 |
The purchase taxes (IMT, property transfer tax, and stamp duty) are paid by the buyer before the deed, but gathering the documents to sell a house in Portugal is the seller’s job. If the home has unpaid IMI (municipal property tax) or was used as Alojamento Local (short-term rental), it is also worth checking the tax position; see the case of vacant homes with increased IMI.
Watch out: this is the revised version of a guide to the documents to sell a house in Portugal that we published in 2024. The previous version said the housing technical file and the occupancy permit were mandatory on the deed. They no longer are: Decree-Law 10/2024 removed that requirement with effect from 1 January 2024 (art. 26(f)).
What changed on 1 October 2026: the planning title on the deed
Decree-Law 108/2026, of 29 May, revised the planning permission regime (RJUE, Regime Jurídico da Urbanização e Edificação). It was due to come into force in August, but Decree-Law 155-B/2026, of 31 July, postponed it to 1 October 2026.
The rule that matters to sellers is in the new article 4-A(14) of the RJUE. When a building or a flat is sold, the notary, registrar, lawyer or solicitor must include one of three statements in the deed:
- The planning title was presented, with its identification.
- The seller declares that they have the title, although they do not present it.
- The seller declares that there is no planning title.
Without one of these statements, the sale is voidable (anulável). The law does not prohibit selling without a title: what makes the sale fragile is leaving the statement out, as idealista explained and the solicitors’ guidance note confirms, proposing standard wording for each case (both in Portuguese).
So what is the planning title? It is no longer just the receipt for the fees. Under article 4-A, a licence is evidenced by proof of payment of the fees, the last application with the summary of the building works and the notice of approval (or proof of submission, if approval was tacit). A prior notification (comunicação prévia) is evidenced by the completed form, proof of submission and payment of the fees. A lawyers’ analysis of 10 October (in Portuguese) sums it up: «the fee receipt is no longer enough».
Two practical notes. The statement is a declaration, not a check: nobody at the deed compares what was built with what was approved, as this guide on what to ask the seller points out. And the old rule requiring a reference to the fee receipt (art. 19 of Decree-Law 10/2024) was repealed on 1 June 2026 and replaced by this one.
Planning title, occupancy permit and technical file: which is which
These are three documents that answer different questions and that many adverts still confuse:
| Document | Question it answers | Position in 2026 |
|---|---|---|
| Planning title (título urbanístico) | Were the works (construction, extension, alteration) licensed by or notified to the câmara? | The deed must state its position; leaving the statement out makes the sale voidable |
| Occupancy title or permit (título or licença de utilização) | Can the building or flat be used as a home (or for another purpose)? | No longer shown on the deed; it passes automatically with ownership (art. 4-A(13) RJUE) |
| Housing technical file (ficha técnica de habitação) | What technical and functional features does the home have? | No longer shown on the deed since 1 January 2024 |
Dropping off the list of documents to sell a house in Portugal does not mean a document is irrelevant. The buyer’s bank may ask for the occupancy permit, and having it to hand speeds up the sale. For the background to the 2024 changes, see our article on the advantages and risks of the urban Simplex.
What to ask the condominium for before selling your flat
Among the documents to sell a house in Portugal, the condominium one is mandatory for a flat under horizontal property (propriedade horizontal). Article 1424-A of the Civil Code, introduced by Law 8/2022, requires the seller to ask the administrator for a written statement with:
- all the condominium charges in force for the flat, with their nature, amounts and payment dates (ordinary fees, common reserve fund, approved extraordinary contributions);
- any existing debts, with their nature, amounts and the dates they arose and fell due.
The administrator has 10 days from the request to issue it (the same deadline applies to the debt statement in article 1436(q)). The statement is a mandatory document for the deed or the authenticated private document (documento particular autenticado). The only exception is if the buyer expressly declares that they waive it and accept liability for any debt the seller owes the condominium.
In practice, ask for the statement as soon as the promissory contract (contrato-promessa de compra e venda, CPCV) is signed or the date of the deed is in sight, leaving at least two weeks. With your request, include:
- the identification of the flat and the expected date of the deed;
- a request for copies of recent minutes, especially if works have been approved;
- a question about meeting authorisations for works on your flat (enclosed balconies, window frames, air-conditioning units on the façade).
If you are the buyer, it is worth getting to know the condominium before buying (in Portuguese).
Who pays the condominium fees after the deed
The basic rule in article 1424-A: debts to the condominium stay with whoever should have paid them on the date they fell due; charges that fall due after the transfer belong to the new owner, whatever their nature. If the buyer waives the statement at the deed, they take on the seller’s debts.
The sensitive point is works approved before the sale and paid in instalments after it. Article 1424(1) says conservation expenses fall on the owners at the date of the decision; article 1424-A(4) says what falls due after the sale belongs to the new owner. To avoid arguing about this later, write into the promissory contract who pays the extraordinary contributions already approved, based on what appears in the administrator’s statement.
If there are debts, the seller can pay them off on the day itself. On what happens when they are not paid, see our guide to debts to the condominium.
Enclosed balconies and façade works: the câmara layer and the condominium layer
This is where the planning title and the condominium meet, and where the documents to sell a house in Portugal can hide a problem. An enclosed balcony (marquise), a closed-in veranda or a window replaced by a different one all affect the façade. That raises two separate questions:
- The câmara. Works exempt from licensing and prior notification include, among others, interior alterations that do not involve exterior changes affecting the façade (art. 6 RJUE). An enclosed balcony, as a rule, does not fall within that exemption. Without a procedure, there is no title for those works.
- The condominium. Article 1422 of the Civil Code prohibits new works that harm the architectural line or the appearance of the building and requires, for works that change them, prior authorisation from the general meeting by a two-thirds majority of the total value of the building.
The two layers are independent. Works may have been notified to the câmara and never authorised by the meeting, or the other way round. The buyer inherits the works, and the condominium can demand they be reversed. Ask the administrator for the minutes that authorised the enclosed balcony and check the position with the câmara. More detail in our guides to building works and the câmara and to the use of balconies and terraces (in Portuguese).
A let flat: does the tenant have a right of first refusal?
Yes, if the tenancy has lasted more than two years. Article 1091 of the Civil Code gives the tenant a right of first refusal (direito de preferência) on the sale of a property let for more than two years. Before selling to a third party, the landlord sends the tenant the sale proposal and its terms (price, payment terms, expected date) by registered letter with acknowledgement of receipt. The tenant has 30 days from receipt to reply.
If the tenant is not notified, they can bring a pre-emption action within six months of learning the essential terms of the sale, depositing the price within the following 15 days (art. 1410, applicable by reference). In other words, the sale can be undone in the tenant’s favour.
Two details. The other owners in the building have no right of first refusal on the sale of flats (art. 1423 Civil Code). And the tenancy continues with the new owner: whoever buys a let flat also buys the tenancy agreement.
Checklist: documents to sell a house in Portugal, in order
- Before advertising: a valid energy certificate; an up-to-date property tax record and permanent certificate.
- Before advertising: gather the planning title (licence or prior notification, proof of fees, application or form, approval) and the occupancy title, if there is one.
- Before the promissory contract: check whether there are works without a title (enclosed balcony, extension, rearranged rooms) and decide which of the three statements will appear in the deed.
- Before the promissory contract: ask the administrator for the minutes that authorised works on your flat’s façade.
- Before the promissory contract, if the home has been let for more than two years: send the tenant the right-of-first-refusal notice by registered letter with acknowledgement of receipt and wait 30 days.
- In the promissory contract: agree who pays the extraordinary contributions already approved.
- Two weeks before the deed: ask for the statement of charges and debts to the condominium (10-day deadline).
- Before the deed: ask the bank for the payoff amount and the mortgage release.
- On the day of the deed: bring the condominium statement, your identity documents and the planning title, if you have it; check that the statement on the title appears in the document.
- After the deed: tell the administrator about the change of owner, so the next fees are charged to the buyer.
The documents to sell a house in Portugal can be sorted out in a few weeks if you start early. What causes delays is discovering, the day before, a debt to the condominium or an enclosed balcony without authorisation. If your condominium is managed by Condoroo, ask your manager for the statement, giving the expected date of the deed.
Documents to sell a house in Portugal: frequently asked questions
Are the housing technical file and the occupancy permit still among the documents to sell a house in Portugal?
Not for the deed. Decree-Law 10/2024 removed the obligation to present them when urban properties are transferred, from 1 January 2024. They are still useful: the buyer’s bank may ask for them, and they help prove the home is legal.
What is the planning title (título urbanístico) and where do I find it?
It is the set of documents proving that the works were licensed by or notified to the câmara: proof of payment of the fees, the last application or form with the summary of the works, and the notice of approval (or proof of submission). Look for it in your own files, at the Câmara Municipal or, if it has already been entered, on the land registry certificate.
Can I sell a house without a planning title?
Yes. The law does not prohibit the sale: it requires the deed to state the position. If you have no title, you declare that you do not have it and the sale is valid. What makes the sale voidable is the deed leaving the statement out. The buyer is informed, and the price may reflect it.
I have an enclosed balcony built without authorisation. Does that stop the sale?
It does not stop it, but it complicates it. An enclosed balcony (marquise) changes the façade, so it is not exempt from a procedure at the câmara, nor from authorisation by the general meeting by two-thirds of the building’s value. Without a title for those works, you will have to declare it on the deed, and the condominium can require whoever owns the flat to reverse it.
What document do I ask the condominium administrator for, and how long does it take?
The statement of charges and debts for the flat (art. 1424-A of the Civil Code): fees in force, amounts, payment dates and any debts. The administrator has 10 days to issue it. Ask for it at least two weeks before the deed.
Who pays the condominium fees for the month of the deed?
Whoever owns the flat when the fee falls due. What falls due before the deed is the seller’s; what falls due after is the buyer’s. For extraordinary contributions already approved and paid in instalments, write into the promissory contract who bears them.
The house is let. Do I have to offer it to the tenant first?
If the tenancy has lasted more than two years, yes. Send the tenant the sale proposal with the price and terms by registered letter with acknowledgement of receipt; they have 30 days to reply. Without that notice, they can go to court to buy the home at the same price.
This article is for information only and does not replace legal advice on your specific case. Legislation checked on 25 October 2026.
