Buying & legal

Buying Off-Plan in Portugal

Staged payments, completion risk, IMT timing, and the contract protections every off-plan buyer should know about before committing.

Updated April 2026
10–30%
Initial deposit
12–36 months
Typical build time
3–5 stages
Payment milestones
At escritura
When IMT is due
Overview

How Off-Plan Buying Works in Portugal

Buying off-plan (na planta) means buying a property that hasn’t been built yet, or is mid-construction. The developer markets units before completion, you commit early at a fixed price, pay in stages as construction progresses, and complete on the escritura when the building is finished and licensed.

Off-plan can deliver real value: lower prices than completed equivalents, choice of unit, modern construction with current energy standards. But it carries risks completed properties don’t: completion delays, builder insolvency, specifications changes, and the unique challenge of buying something you can’t walk through. Strong contract drafting and developer due diligence are non-negotiable.

This guide covers the typical structure, what protections to insist on, and the IMT and finance considerations specific to off-plan purchases.

The structure

How Payments Are Staged

Off-plan deals typically split the purchase price across construction milestones.

Reservation deposit

Usually 1–3% of the price, paid to reserve a specific unit. Often refundable if the CPCV doesn’t complete within a set window.

CPCV signing — first major payment

Typically 10–20% of the price, paid on signing the promissory contract. The CPCV locks the price, the unit, and the completion timeline.

Construction milestones

Further 10–25% payments tied to build progress: foundations, structure complete, roof on, services installed, finishes done. Each milestone certified by the developer’s engineer or independently.

Final balance at escritura

Remaining 30–50% paid at the deed, when the building has its habitation licence and the unit is ready for handover.

Mortgage interaction

If you’re using a mortgage, banks typically only release funds at the escritura, not in stages. So you fund the staged payments yourself, then take the mortgage to cover the final balance. Cash-flow planning matters.

The risks

What Can Go Wrong

The risks unique to buying something that doesn’t exist yet.

Completion delay

Most off-plan projects in Portugal slip. A 24-month build often runs to 30. Plan for delays and have flexibility on your move-in or rental income timing.

Specification changes

Developers sometimes substitute materials, change layouts, or simplify finishes during construction — for cost or supply reasons. Strong CPCV language locks in the spec sheet.

Builder insolvency

Rare but ruinous. If the developer goes bust mid-build, your staged payments may not be fully recoverable. Bank guarantees on each payment stage are the protection — verify they’re actually issued.

Final habitation licence delays

Even when construction is "done", the câmara has to issue the habitation licence before the escritura can happen. That can add weeks or months. Your CPCV should specify what happens if the licence is delayed.

Reality vs marketing renders

The CGI render and the as-built can differ. Views, sun exposure, finishes, and overall feel can disappoint. Visit the site at multiple stages of construction and compare to the marketing materials.

The bank guarantee is the single most important protection

Each staged payment should be backed by a bank guarantee from the developer’s bank covering the amount you’ve paid. If the project fails, the guarantee pays you back. Confirm the guarantee is actually issued before each payment leaves your account — not just promised in the contract.

Due diligence

Vetting the Developer

Off-plan due diligence is more about the developer than the property.

Track record

How many projects has the developer completed? What did buyers in past projects say? Visit a previously completed development if possible. Local lawyers often know the reputable developers from the chancers.

Financial standing

Public company filings (or, for private developers, what your lawyer can dig up). Significant debt, recent restructuring, or court cases are warning signs.

Funding for this project

Is the project bank-funded, sold-out-funded, or developer-self-funded? Each has different risk profiles. Bank-funded with strong pre-sales is generally safer.

Planning permission and licences

Construction licence (alvará de construção), urbanisation approval, environmental clearance if applicable. All should be in place before the project markets units.

Engineering and architect

Reputable architect and engineering firm. The technical team behind the project matters.

Tax timing

IMT, Stamp Duty, and Off-Plan Timing

A specific quirk of off-plan: when do the property taxes hit?

IMT and stamp duty are paid at the escritura

Even though you commit at the CPCV and pay in stages, IMT (Imposto Municipal sobre Transmissões) and stamp duty (Imposto do Selo) on the purchase are calculated and paid just before the escritura, when the deed actually transfers ownership.

The rate is based on the price at escritura

If your contract price was €400,000 in 2024 and you’re completing in 2027, IMT is calculated on the contract price at the rate in force at escritura. Rate changes between contract and completion can apply to you.

VAT vs IMT for new-builds

Some new-build developments are VAT-registered for the sale (typically affordable-housing or specific developer structures). VAT replaces IMT in those cases. Most standard new-build sales remain IMT-based. Always confirm with the developer’s lawyer.

Budget for the full deed-day cost

Beyond your final payment to the developer: IMT, stamp duty, notary, registration, legal fees, mortgage stamp duty if applicable. Typical total: 6–9% of the price on top. See our buying costs guide.

Common questions

Off-Plan Buying — FAQs

Is buying off-plan safe in Portugal?
It can be, with proper due diligence and contract protections. Bank guarantees on staged payments, a reputable developer with a track record, a strong CPCV, and an independent lawyer are the four pillars. Skip any of them and the risk rises sharply.
How much do I save by buying off-plan?
Typically 5–15% below the price of an equivalent completed unit, depending on how early you commit and the developer’s pricing strategy. Earlier-stage commitments save more but carry more risk.
Can I get a mortgage for an off-plan purchase?
Yes, but the mortgage typically only draws down at the escritura, not at the staged payments. You finance the staged payments yourself (cash, savings, or a separate facility) and use the mortgage to cover the final balance.
What if the property is delayed?
Your CPCV should specify the consequences. Typically: a buffer period (3–6 months) within which delay is accepted without penalty, then escalating compensation or termination rights for the buyer.
What if the as-built differs from the contract?
If material spec or layout differs significantly, you may have grounds to require correction or terminate. The CPCV must include the spec sheet and finishes catalogue. Without that, it’s harder to enforce.
Are off-plan deposits refundable?
The reservation deposit is often refundable up to a deadline. The CPCV deposit follows standard CPCV rules: refundable plus 100% if the developer fails to deliver, forfeit if you walk away without grounds.
Should I buy off-plan as a foreign buyer?
It’s done, but adds complexity. Site visits during construction are harder if you’re overseas. Power-of-attorney to your lawyer is essential. We’d generally recommend completed properties for first-time international buyers in Portugal.
Looking at an Off-Plan Project?
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