Buying & legal

The Key Property Documents to Check Before Buying

The four legal documents every Margem Sul buyer must verify before escritura — Licença de Utilização, Certificado Energético, Caderneta Predial Urbana, and Certidão Permanente — plus when the Ficha Técnica da Habitação is also required.

Updated April 2026
4 + 1
Mandatory + conditional
Pre-CPCV
When to verify
Lawyer-led
Who verifies
Notary-checked
Final gate
Overview

Why These Documents Matter

A property purchase in Portugal is only as safe as the paperwork behind it. Title, taxation, licensing, and energy compliance live in separate registries — and the notary at the escritura will check that they line up. If they don’t, the deed can’t complete.

Lawyers sometimes call them the Big Four. Whatever you call them, these are the four legal documents that have to clear before a Portuguese property can change hands — plus a conditional fifth for newer builds.

Four documents are mandatory for every residential transaction. A fifth, the Ficha Técnica da Habitação, is mandatory only for buildings whose construction licence was issued after 30 March 2004. This guide walks through each document, explains what it proves, and lists what your lawyer should be checking before you sign anything binding.

South Bank Real Estate is a buyer’s agent — we coordinate, we recommend, and we work alongside your lawyer. The legal verification itself is your independent Portuguese property lawyer’s job, and it’s the most important hire you’ll make in the transaction.

The four mandatory

The Four Documents Required for Every Sale

No escritura completes without these four. Verify all of them before signing the CPCV.

1. Licença de Utilização (LU) — Habitation Licence

Issued by the câmara municipal, the Licença de Utilização confirms a property is legally licensed for its declared use — for residential purchases this should read habitação. Buildings whose construction was completed before 7 August 1951 are exempt from holding an LU but require a substitute certificate of exemption from the câmara.

What to check: the licence number and issue date; the registered use is “habitação” and not commercial or mixed-use; the licence covers the entire property you are buying (not just part of it); for split-fraction buildings, that the specific fraction is named.

2. Certificado Energético (CE) — Energy Certificate

Mandatory for sale and rental transactions since Decreto-Lei 118/2013. Issued by an accredited energy assessor, the CE rates the property on a scale from A+ (most efficient) to F. It is valid for ten years from issue.

What to check: the rating itself (anything below C is worth understanding the cost implications of); the issue date and whether it is still inside the ten-year validity window; the listed improvement recommendations — advisory only, but a useful indicator of insulation quality, glazing, and heating-system condition.

3. Caderneta Predial Urbana (CPU) — Tax Authority Property Record

The fiscal record held by the Autoridade Tributária. The CPU contains the property’s description, its registered area, the current registered owner, and the Valor Patrimonial Tributário (VPT) — the tax value that drives IMI and IMT calculations.

What to check: the registered owner matches the seller exactly; the property identifier (artigo matricial and fração where applicable) aligns with the registo predial; the recorded area matches the LU and the actual property; the VPT is current and not based on a stale valuation that may be due for revision.

4. Certidão Permanente do Registo Predial (CRP) — Land Registry Certificate

The conservatória’s register of legal ownership. The CRP is the document that proves who owns the property and what charges, mortgages, or restrictions sit against it. It should be no more than six months old at the time of the CPCV.

What to check: the current registered owner matches the seller; any hipoteca (mortgage) is disclosed and a plan exists to discharge it before or at the escritura; no penhora (attachment), arresto (seizure), or execução fiscal (tax enforcement) is registered; servidões (easements) and direitos de preferência (rights of first refusal) are identified; the property description matches the CPU and LU.

The CPU and CRP must agree

The Caderneta is the tax authority’s view of the property; the Certidão is the registry’s view. They should describe the same property in compatible terms — same area, same fração, same owner. When they don’t, your lawyer needs to investigate before you proceed. Mismatches are usually fixable, but they take time and can hold up an escritura that’s already been scheduled.

The conditional fifth

Ficha Técnica da Habitação (FTH) — When It’s Required

The technical housing file. Mandatory for some properties, exempt for others.

What the FTH covers

The Ficha Técnica da Habitação is a structured technical record of the property’s construction details — materials used, structural specifications, plumbing and electrical systems, insulation, and any post-completion modifications. It exists to give buyers transparency about what is actually inside the walls.

When it’s required

The FTH is mandatory only for properties whose construction licence (alvará de licença de construção) was issued on or after 30 March 2004. Older buildings are exempt — including most of Almada’s historic centre, the older streets of Setúbal, and any property pre-dating that date that has not had a major reconstruction licensed afterwards.

What to check when it applies

That the FTH is current and signed by the project author or the construction company; that the technical specifications match the property as actually built; that any post-occupation modifications (kitchen rebuilds, structural works, pool installations) appear in an updated version where relevant. For new-build and recently-completed properties, the FTH is part of the document pack the developer must hand over at escritura.

Useful supplementary checks

Beyond the Five — Items Worth Verifying

Not legally required for the deed, but each one prevents a different kind of nasty surprise.

Approved floor plans (planta / projecto aprovado)

The licensed building plans held at the câmara. Compare them to the property as you find it — unauthorised extensions, converted basements, or added storeys are common in older Margem Sul stock and can be expensive to regularise.

Condomínio clearance (declaração de não-dívida)

For apartments and any property in a shared building, ask for a written confirmation that there are no outstanding service charges, plus the most recent assembleia minutes. Pending major works that haven’t yet been billed can land on you as the new owner.

Utility and IMI receipts

Recent receipts for IMI, water, electricity, and gas. Confirms the property is fiscally and operationally up to date and that there are no carrying balances that will complicate the transfer of utilities into your name.

Infrastructure and condomínio accounts

For new developments, the certidão de infraestruturas confirms public utility connections are properly licensed. For apartment buildings with active management, the building accounts indicate financial health and reserve-fund position.

Who does what

How the Documents Get Gathered

A typical Margem Sul transaction, in roles.

The seller

Should provide the LU, CE, CPU, and (where applicable) FTH at the point of agreeing the CPCV. These are the seller’s responsibility to produce. If a document is missing or expired, that’s the seller’s problem to fix — but it can delay the timeline, so know about it early.

The buyer’s lawyer

Independently pulls a fresh CRP from the conservatória (don’t accept the seller’s copy alone). Verifies that the CPU, LU, and CRP agree. Flags any charges, mismatches, or licensing gaps. Drafts CPCV conditions for anything that still needs resolving before the deed.

The notary

At the escritura, the notary independently re-checks the document pack one final time. They will not proceed if anything is missing, expired, or inconsistent. This is the buyer’s last automatic safeguard — but by the time you reach this point, anything found here is a problem you should already know about.

Where we sit

South Bank coordinates the transaction end-to-end and recommends independent Portuguese property lawyers we’ve seen do this work well. We don’t replace the lawyer — we make sure the right one is on the case, that the document pack is requested early, and that issues surface before they become deal-breakers.

Red flags

What Should Make You Pause

Patterns that indicate a deeper problem — rare, but worth recognising.

An LU that describes a different property

The licence references an area, layout, or fração that doesn’t match the property you’re viewing. Possible causes: unauthorised modifications, a clerical error in the original licensing, or a poorly executed split of a larger property.

A CRP showing an undischarged mortgage

Common — the seller paid off the loan years ago but never had it formally cancelled at the conservatória. The cancellation must happen before or at the escritura, and your lawyer should arrange the request to the bank in good time.

A CPU stuck on an old VPT

The taxable value hasn’t been revised in years and is well below the current market price. May be administratively normal, or may signal a pending revaluation that could spike IMI immediately after you buy. Worth understanding before you commit.

Pre-1951 exemption claimed on a clearly newer building

If the seller is relying on the pre-1951 LU exemption but the property is visibly post-war, the exemption is being mis-applied. This needs sorting before any deed is even contemplated.

A condomínio refusing to issue clearance

If the management company won’t confirm the property is up to date on charges, assume there’s a reason. Could be unpaid fees, a dispute, or a pending works billing. Either way, find out before you sign.

Common questions

Key Property Documents — FAQs

What documents are mandatory for buying property in Portugal?
Four are mandatory for every residential sale: Licença de Utilização (LU), Certificado Energético (CE), Caderneta Predial Urbana (CPU), and Certidão Permanente do Registo Predial (CRP). A fifth, the Ficha Técnica da Habitação (FTH), is mandatory only if the construction licence was issued on or after 30 March 2004.
What is the difference between the Caderneta and the Certidão?
The Caderneta Predial Urbana is the tax authority’s record — used for IMI and IMT calculations and to identify the registered fiscal owner. The Certidão Permanente do Registo Predial is the land registry’s record — the legal proof of ownership and the document that lists mortgages, charges, easements, and rights of first refusal. Both should describe the same property in compatible terms.
How long is the Certidão Permanente valid?
A fresh CRP is typically required for both the CPCV and the escritura. Most lawyers will not accept a CRP older than six months, and many pull a brand-new one in the week before the escritura to confirm nothing has changed. The certidão itself can be obtained online with an annual subscription, so this is a low-friction check.
Does an old building need a Licença de Utilização?
Buildings completed before 7 August 1951 are exempt from holding an LU, but they need a written certificate of exemption from the câmara municipal in its place. If the building is post-1951 and there is no LU, that is a problem that must be resolved before the property can be safely sold.
Who pays for the Energy Certificate?
The seller is legally responsible for providing a valid Certificado Energético for the sale. If the certificate is missing or expired, the seller must commission a new one from an accredited assessor. Costs are usually borne by the seller, though it is occasionally negotiated as part of price.
Do I need a Ficha Técnica for a 1990s villa?
Not unless the property had a major reconstruction licensed on or after 30 March 2004. The cut-off is the date of the construction licence, not the date the property was finished. If the property was built before March 2004 and has had no significant licensed renovation since, it is exempt from the FTH requirement.
Can I rely on the seller’s copies of these documents?
For the LU, CE, CPU, and FTH, yes — the seller’s copies are the originals you’ll inherit. For the CRP, no. Your lawyer should always pull a fresh independent copy from the conservatória. The CRP is the document that changes most often (mortgages registered, easements added, charges discharged) and is the one most likely to surface a surprise.
Buying on the South Bank?
We’ll coordinate the document pack, recommend an independent property lawyer, and make sure nothing surfaces at the escritura that you didn’t already know about. Free for buyers.
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