Portugal Required Disclosures: Certificates & Declarations
Mandatory disclosure documents for residential leases in Portugal: Energy Certificate under DL 101-D/2020, simplified Use License regime under Simplex Urbanístico (DL 10/2024), Urban Property Booklet, and Land Registry Certificate.
Legal Disclaimer
This content is for general informational and educational purposes only. It does not constitute legal advice and should not be relied upon as such. Laws change frequently — always verify current regulations and consult a licensed attorney in your jurisdiction for advice specific to your situation. Landager is a property management platform, not a law firm.Information last verified: May 2026.
Portugal's property disclosure framework for residential leases, primarily governed by the Civil Code and the New Urban Lease Regime (NRAU), has been significantly updated by the Simplex Urbanístico reforms (Decree-Law No. 10/2024), which became effective on 4 March 2024. Landlords must ensure they are working with the current regulatory framework — including the updated Energy Certification statute (Decree-Law No. 101-D/2020) — when preparing lease documentation.
1. Energy Performance Certificate (EPC) — Mandatory Under DL 101-D/2020
The Energy Certification System (SCE) for Portuguese buildings is governed by Decree-Law No. 101-D/2020, which repealed and replaced the former Decree-Law No. 118/2013. Any document referencing DL 118/2013 as the applicable statute is using an outdated citation.
Current EPC requirements:
- Mandatory for all property advertisements (online and offline) — the energy class must be explicitly stated (Art. 18, nr. 2).
- A copy of the EPC must be provided to the tenant at contract signing (Art. 18, nr. 1).
- EPCs are issued by qualified experts (Peritos Qualificados SCE) registered with ADENE (the National Energy Agency).
- For residential buildings, certificates are valid for 10 years from the issue date (Art. 21).
- Failure to provide an EPC at signing results in significant administrative fines.
2. Use License: Abolished by Simplex Urbanístico (DL 10/2024)
Decree-Law No. 10/2024 (Simplex Urbanístico) significantly overhauled the Use License requirement for residential transactions:
- The mandatory requirement to mention the Use License (Licença de Utilização) in residential lease contracts was entirely removed following the revocation of Article 1070, nr. 2 of the Civil Code.
- Landlords are no longer required to include the license number or date in the contract text, regardless of the age of the building.
- The requirement to present the Use License or Housing Technical File (Ficha Técnica de Habitação) at the time of sale (escritura) was also eliminated (Art. 19 of DL 10/2024).
- RGEU Status: The General Regulation of Urban Buildings (RGEU) remains in force but is scheduled for repeal on June 1, 2026, pursuant to Article 25 of DL 10/2024.
Note on Contractual Simplification: Because the requirement to mention the Use License was abolished for all residential properties by DL 10/2024, the previous distinction regarding pre-1951 exemptions is no longer relevant for contract drafting.
3. Urban Property Booklet (Caderneta Predial Urbana)
This is the official property tax identification document used for due diligence and tax compliance:
- Confirms the true registered owners and property matrix article.
- Necessary for filing Modelo 2 with the Tax Authority (Autoridade Tributária) to register the lease.
- While essential for the landlord's tax obligations and the tenant's due diligence, it is not a statutory "mandatory disclosure" to the tenant under the same regime as the EPC.
4. Land Registry Certificate (Certidão Permanente de Registo Predial)
The Permanent Land Registry Certificate confirms the legal status of the property:
- Identifies mortgages, charges, or court attachments.
- Used during the due diligence phase to ensure the property is free of encumbrances that would prevent a valid lease.
- Like the Caderneta Predial, this is a due diligence document rather than a statutory mandatory disclosure required by lease law.
Frequently Asked Questions
▶What property disclosures are landlords required to make in Portugal?
Landlords in Portugal must disclose relevant information about the property to prospective tenants before the lease is signed. Required disclosures typically include known material defects, environmental hazards, previous damage history, and any conditions that could affect the tenant's use and enjoyment of the property.
▶What are the key landlord-tenant laws in Portugal?
Portugal\'s rental laws are primarily governed by the Novo Regime do Arrendamento Urbano (NRAU). Recent legislative shifts in 2026 have introduced new fiscal incentives for "moderate" rents while streamlining the annual update process. This guide covers the essential compliance requirements for property owners and landlords.
Read the complete guide▶What is the legal eviction process for landlords in Portugal?
The eviction process in Portugal requires landlords to follow formal legal procedures. Valid grounds typically include non-payment of rent, lease violations, or the landlord's personal use of the property. Landlords must provide proper written notice, allow any required cure periods, and may need to obtain a court or tribunal order. Self-help evictions are generally prohibited.
Read the complete guide▶What are the rent increase limits and caps in Portugal?
Portugal has specific rules governing when and how landlords can increase rent. These rules may include caps on the percentage of increase, minimum notice periods, and restrictions on frequency. Landlords must comply with all applicable regulations when raising rent on existing tenancies.
Read the complete guide▶What are the security deposit rules and return deadlines in Portugal?
Portugal has rules governing how much landlords can charge as a security deposit, how deposits must be held or protected, and the timeline for returning deposits after a tenancy ends. Landlords must provide itemized statements of any deductions and comply with all statutory deadlines to avoid penalties.
Read the complete guide▶What are the mandatory lease requirements in Portugal?
Lease agreements in Portugal must comply with applicable national and local laws. Required elements typically include the names of both parties, property description, rent amount and payment terms, deposit details, lease duration, and maintenance responsibility allocation. Written leases may be required for certain tenancy types or durations.
Read the complete guide▶What are the landlord maintenance and repair obligations in Portugal?
Landlords in Portugal are generally required to maintain rental properties in a habitable condition, keeping the structure, plumbing, electrical systems, and essential services in proper working order. The specific allocation of maintenance responsibilities between landlord and tenant should be clearly documented in the lease agreement.
Read the complete guide▶What are the late fee and penalty rules for rental properties in Portugal?
Portugal has specific rules regarding late fees and penalties for overdue rent. These may include mandatory grace periods, caps on late fee amounts, and restrictions on interest charges. Late fee provisions should be clearly stated in the lease agreement and must comply with local regulations to be enforceable.
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