Required Disclosures in Portugal: Certificates and Declarations (2024-2026)

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The Energy Certification System (SCE) for Portuguese buildings is now governed by Decree-Law No. 101-D/2020, which repealed and replaced the former Decree-Law No. 118/2013. Any document referencing DL 118/2013 as the applicable statute is using an outdated citation.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.
• A copy of the EPC must be provided to the tenant at contract signing.
• EPCs are issued by qualified experts (Peritos Qualificados SCE) registered with ADENE (the National Energy Agency).
• Certificates are valid for 10 years from the issue date.
• Failure to provide an EPC at signing results in significant administrative fines.

2. Use License: Simplified by Simplex Urbanístico (DL 10/2024)

Decree-Law No. 10/2024 (Simplex Urbanístico) significantly overhauled the Use License requirement:

• The mandatory reference to the Use License (Licença de Utilização) in lease and sale contracts was eliminated for many categories of property following the amendment to Article 1070 of the Civil Code.
• The legal basis that previously required the Use License to be mentioned in contracts was found in Article 1070 of the Civil Code (specifically the now-revoked paragraph 2).
• RGEU Repeal: The General Regulation of Urban Buildings (RGEU) — long the technical standard for habitation — was repealed from June 1, 2026, further simplifying the regulatory framework.

Note for Pre-1951 Buildings: Properties with documented evidence of existence prior to 1951 (confirmed by a census certificate) are exempt from the Use License mention requirement, as they pre-date the RGEU.

3. Urban Property Booklet (Caderneta Predial Urbana)

This is the official property tax identification document, confirming:

• The true registered owners.
• The property matrix article, parish, and geographical address.
• Declared total area (in square metres).
• Current IMI (Municipal Property Tax) obligations and payment status.

The Caderneta is required in the lease agreement and must be included in the documents provided to the tenant.

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

The Permanent Land Registry Certificate confirms the legal status of the property:

• Any bank mortgages or charges on the property.
• Court attachments or seizures that could affect the tenancy.
• Whether the property is free of encumbrances that would prevent a valid lease.

The certificate is obtained electronically from the Institute of Registries and Notary (Instituto dos Registos e do Notariado).

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