Required Disclosures in Portugal: Certificates and Declarations

In the real estate rental market of mainland Portugal and the Madeira and Azores islands, a contract is only enforceable and fully legal if the landlord transparently provides all mandated requirements (Required Disclosures), even when initially advertising the property on platforms.

Key Disclosures and Certificates Required from the Landlord

The following documents must not only be presented to the parties when the formal signing (celebration) process arrives, but also legally and actively referenced to the Tax Authority in the Finance Registry (Portal das Finanças):

1. Energy Certification (CE - Certificação Energética)

In Portugal (Decree-Law No. 118/2013), the energy performance class assigned to the property is fully mandatory to be explicitly disclosed to the Tenant in promotional pamphlets or sites (in any advertisement), and a copy of the Certificate must be provided to the lessee during the definitive celebration and drafting of the Lease Agreement. Fines for non-possession are severely punitive, and certificates generally last 10 years and are issued by ADENE.

2. Use License (Licença de Utilização)

This certifies that the infrastructure does not suffer from irregularity for its outlined purpose (habitability by humans and fulfillment of all norms according to the master plans of the municipalities). The number / date / issuer of the Use License is a mandatory and intrinsic mention in all contracts in harmony with the provisions of the NRAU Article 1069, No. 2. Without mentioning the license, the contract cannot even be validly stamped at the registries or at the tax office. Exception: The law does not mandate this if the unit or entire dwelling has constructive indications prior to 1951, by means of a declarative certificate dated from the Census stating that the building existed prior to the RGEU (General Regulation of Urban Buildings).

3. Urban Property Booklet (Caderneta Predial Urbana)

This is the "ID Card" of the property itself, fiscally and legally attesting to the role of the true registered owners and that it does not have pending IMI debts that could obstruct the tenants, and validating total square footage (and dues), and explicit location for formulation in the contract.

4. Permanent Land Registry Certificate (Certidão Permanente de Registo Predial)

Another required paper that decodes the legal status (real indications of bank mortgages, attachments that make leasing impossible, or impediments associated with the unit). Provided electronically at the Institute of Registries and Notary.

What is Left to Write in the Contract: Shared Mandatory Information

When creating the deed or drafting the agreement, additional parts of the NRAU law dictate the minutiae that must appear in the revealed and explicit text of the Lease Agreement Disclosures:

• The Identity of the active Guarantors when necessary (if so agreed);
• Clarification in the Building Condominium Regulation (if the space is under the jurisdiction of that same regulation), which is delivered to the Tenant;
• The identification of the End of the Lease: "Permanent Own Housing" (Habitação Própria Permanente) – of extreme distinction due to tax obligations and IRS tax discounts on the part of students or habitual residents.

Through Landager's new tenant onboarding process, Portuguese landlords can ensure that essential contractual attachments such as the CE, issued Licenses, and the like are tied electronically and shared without gaps even before handing over the property.

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