Portugal Required Disclosures: Certificates & Declarations

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The Energy Certification System (SCE) for Portuguese buildings is governed by Decree-Law No. 101-D/2020, which repealed and replaced the former Decree-Law No. 118/2013. Any document referencing DL 118/2013 as the applicable statute is using an outdated citation.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.

Back to Portugal Landlord-Tenant Laws OverviewPreview unavailable.