When looking for land register information in a foreign jurisdiction, it is always a challenge to know which websites are official, which documents are binding, and which information needs to be double-checked with official sites. This online guide on land register information aims to highlight how to access land register information in numerous jurisdictions around the world, what information and which documents are available to the public at what cost, in what language are the websites, what other land-related information is available and whether buildings are treated differently than the land.
How to Find Real Estate and Land Register Information in Portugal
Practical Guide
How is it possible to access land register information in Portugal?
It is possible to access the land register information in Portugal through the request of a land register certificate. This request can be submitted online (http://www.predialonline.mj.pt) or in person before any Land Registry Office.
Everyone can apply for a land register certificate even online (it is not mandatory to have a professional user account).
In order to submit the request of a land register certificate, it is necessary to indicate:
- the district, municipally and parish where the property is located;
- the number of descriptions in the Land Registry Office of the property;
or: - the tax information of the property;
or: - in case of older properties inscribed in book, it may be required to provide the description number, the book and sheets in which the property is located;
and: - in case of Units, the letter by which the unit is designated.
The land register certificate has a cost of €20,00 if requested in person and €15,00 if requested online.
What property information is publicly available in Portugal?
The land register certificate contains a description of the property, including its composition, total area, and location. It is also indicated:
- identification of the owners of the property (name, residence, taxpayer number, and, if married, name of the spouse and matrimonial property regime), and
- registrations of mortgages, pledges and other encumbrances, charges, some judicial procedures, or other registered facts (name, address and taxpayer number of the beneficiary, amount of the debt if applicable, date of enter into force, term / duration if applicable).
The information covers all the registrations in force over the property and as well as all the registration requests that are still pending of preparation or confirmation (regarding to the registration requests it is only available information on the number and date of the presentation and type of acts requested).
The land register arises a presumption that the right exists and belongs to the registered owner / holder, in the terms defined in the land register.
Which property related documents are available in Portugal?
The most relevant related documents available in Portugal are:
- simplified land registry information: As an alternative to a land registry certificate, it is possible to request a simplified land register information, that is, an uncertified land register information extracted automatically from the respective informatized file regarding the property.
Everyone can apply for the access to the simplified land register information online (http://www.predialonline.mj.pt) or in person before any Land Registry Office, under the same terms as the application for the land register certificate.
Simplified land register information has a cost of €1 if requested online, and €5 if requested in person; - tax certificate: The tax certificate is a document issued by the tax authority, which contains all the relevant tax information about the property, such as its tax asset value, used to determine the Municipal Property Tax.
This document can be requested in person before the tax authorities office or online through “Portal das Finanças” (https://www.portaldasfinancas.gov.pt/at/html/index.html) by the owner of the property, as well as by lawyers, notaries and solicitors.
Tax certificate is free of charge if requested online and has an associated cost of 7,88 euros if requested in person at the tax authorities office; - use permit: Use permit is the document issued by the Municipal City Council where the property is located, certifying that the property meets all the required conditions and can be used for the purpose for which it is intended (housing, commerce, services).
It is a mandatory document for properties built after 1951 or which have undergone structural modifications to the building, restructuring works or a new construction that alters the initial project after this year.
The application for the issue of the use permit shall be submitted by the owner of the property and its cost is variable depending of each case (usually it varies between € 400 and €1600).
Once the use permit has been issued by the Municipal City Council, only a certified copy is needed to demonstrate the existence of the use permit.
Everyone can request this certified copy before the Municipal City Council where the property is located.
The certified copy of the previously issued Use Permit costs between 6 euros and 60 euros; - energetic certificate: Energetic certificate is a document that assesses the energy efficiency of a property on a scale from A+ (very efficient) to F (not very efficient), issued by qualified experts recognized by the Energy Agency.
The cost of registering and issuing an energy certificate for a habitation property ranges from €28,00 (studio and one-bedroom homes) to €65,00 (six-bedroom homes and above), plus VAT.
In the case of commercial and service properties, it ranges from €135 (floor area up to 250 square meters) to €950 (over 5000 square meters), plus VAT; - Housing Sheet: The Housing Sheet is a document describing the technical and functional characteristics of an urban building for residential purposes, at the time of completion of the construction, reconstruction, extension or alteration works.
It is a mandatory document for all habitation properties that have been built or have undergone remodeling and alterations after 30 March 2004.
This document shall be drawn by the property developer and it is of his responsibility and as well as of the responsibility of the technician responsible for the works, to ensure that the information contained in the housing sheet complies with what was actually carried out.
What other property-related information is available in Portugal?
The most relevant property-related information available in Portugal are:
- urban rehabilitation areas and urban rehabilitation operations: It is possible verify if the properties are included in urban rehabilitation areas and urban rehabilitation operations, that is, areas of the city that requires more in-depth intervention in an articulated and integrated manner, aimed not only at rehabilitating the building but also at revitalizing and requalifying the urban fabric, associated with a public investment program.
The owners of properties integrated in an urban rehabilitation area have access to tax benefits and financial incentives for urban rehabilitation.
This information is made available by the Municipal City Councils where the properties are located, which are responsible for delimiting urban rehabilitation areas.
This information can be requested by anyone, and most municipalities make it available online at no cost; - geo-referenced search in the Directorate-General for Cultural Heritage: Through the georeferenced search (https://patrimoniodgpc.maps.arcgis.com/apps/webappviewer/index.html?id=7f7d5674280f41849c0a0869ced22d91), it is possible to know the location of monuments, ensembles and sites, as well as classified properties and those in the process of being classified (i.e. properties that have inestimable cultural value and can be classified as being of public, national or municipal interest), their respective protection zones and restricted areas. Properties classified as national interest or public interest may not undergo any intervention or work, inside or out, or change of use likely to affect them, in whole or in part, without the express authorisation and supervision of the public administration.
Properties in the process of being classified has, by default, protection zones, which are designed to ensure that any interventions or works that are intended to be carried out in the surroundings of listed properties or those in the process of being listed, do not jeopardise the landscape and the contexts that, due to their testimonial value, have an interpretative and informative relationship with the properties.
In this sense, there are various restrictions on carrying out works in the protection zones, and any type of construction may even be prohibited.
It is possible to find out the exact location of monuments, ensembles and sites, classified and in the process of being classified, their respective protection zones (general and special) and restricted areas, as well as access the information recorded in the online Ulysses Information System; - georeferenced search made available by City Council: Municipal City Councils also made available the access to the existing geography, namely municipal land-use plans, urbanisation plans and detailed plans (Planos Municipais de Ordenamento do Território, Plano de Urbanização e Planos de Pormenor), tourist facilities and information on where the properties are located.
These plans establish rules and principles for land use, including criteria for the location of infrastructure, equipment, services and functions, and criteria for the location and distribution of industrial, tourist, commercial and service activities, which can be important information for property management.
This information can be requested before the Municipal City Council where the property is located, by anyone, and most municipalities make it available online at no cost.
Is it possible to obtain information on pending litigation concerning the property?
It is possible to verify if any of the following judicial procedures are pending concerning the property, through the analysis of the land registered certificate of the property:
- judicial procedures presented in order to obtain the recognition, constitution, modification or extinction of any of the rights that shall be registered, as well as some legal actions presented in order to the acquisition of the property be declared null and void;
- judicial procedures presented in order to obtain the reform, declaration of nullity or annulment of a registration or its cancellation; and
- protective orders presented in order to the decrees the seizure and / or the enrollment of the property, as well as any other measures affecting the free disposal of the property.
In order to obtain information regarding to the status of the referred judicial procedure it is necessary to apply for the access to the judicial procedures before the Court. As general rule, judicial procedures may be accessed by the parties involved, lawyers or by who be able to demonstrate a sufficient interest in the judicial procedure.