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03 Final Deed
Completion of the development will take place on an agreed date after exchange,
normally between 12 and 24 months for off-plan developments. Unlike the UK practice
of buyers paying the purchase price balance upon building completion, you will be
asked to make stage payments throughout the construction process. The stage
payment amounts can vary depending on the individual developer and project.
Upon completion, a final deed shall be signed in the presence of a capable entity to legalise the deed. Both the seller and buyer are required to be present on that day.
Alternatively, both parties can be represented by their respective lawyer with a Power
of Attorney. If the property has been purchased with a mortgage financing, a bank representative will also be needed. Before the final deed signing, the transfer tax1 (IMT) must be paid, which normally can be done by the lawyer acting on behalf of the buyer.
Bear in mind, registering your new home at the National Land Registry Records is
the most important step of buying a property in Portugal, as ownership will only be
enforceable against third parties after this step has been completed.
EXCHANGE AND COMPLETION PROCESS
1 Refer to the acquisition cost section for more details
Acquisition costs are incurred at the point one purchases a property, in addition to the
purchase price.
Property Transfer Tax (IMT) - IMT is charged on transfers of the property and levied at different rates depending on
the value of the property, its use (e.g. a permant or second home, or a property to let),
and whether it is situated on the mainland of the country or the islands (e.g. Azores,
Madeira).
The calculation of IMT for the transfer of residential property rights is based on a
progressive rate, which varies from 1% to 8%, depending on the value of the property.
This means that the rate only applies to the amount of the purchase price that falls
within a particular band. It should be noted that a flat rate of 6% will be applied to properties with a value over a certain threshold. Specifically, for a property being used as a permanent residence, a flat rate of 6% will be applied if its value exceeds EUR574,323, while properties for non-permanent residency, i.e. if the property is used
for letting purposes or as a holiday home, the threshold value is EUR550,836.
Certain purchases are exempt from IMT. Each exemption may depend on certain
requirements and the below list should not be viewed as comprehensive. Consulting a
tax expert is advisable if an exemption is thought to be available.
Acquisition of properties for resale by Real Estate Trading companies;
Acquisition of properties intended for urban rehabilitation;
Acquisition of property or autonomous fraction of urban property intended to
install tourism complex to which has been attributed tourism utility;
Acquisition of real estate by Real Estate Investment Funds for Residential Letting;
Restructuring operations or cooperation arrangements;
Acquisition of buildings classified as of national/public/municipal interest;
Exemption or reduction of the IMT rate, regarding the acquisition of property that
constitute eligible investment under Investment Promotion Tax Regime (RFAI).
PURCHASE AGREED
LEGAL DUE DILIGENCE
EXCHANGE OF PRIMISSORY CONTRACTS
TRANSFER TAX PAID
SIGN & REGISTER THE DEED
ACQUISITION COSTS