Three professionals are present in almost every Portuguese residential property purchase: the property lawyer, the notary, and the real estate agent. Buyers often assume that between them, these three professionals cover all the risks involved in a purchase. They do not. Each has a clearly defined scope that ends well before the physical condition of the building. Understanding exactly what each professional does, what they are legally required to do, and where their role stops is the starting point for building an effective protection layer around any Portuguese property transaction.
Table of Contents
- What does a property lawyer actually do in a Portuguese purchase?
- What does a property lawyer not cover?
- What does the notary do in a Portuguese property transaction?
- What did DL 10/2024 remove from the notary's responsibilities?
- What does the real estate agent do, and who do they work for?
- What is the agent legally required to disclose to the buyer?
- Where do all three professionals' scopes end?
- Who assesses the physical condition of the building?
- How should a buyer structure their protection team in Portugal?
- Frequently Asked Questions
What does a property lawyer actually do in a Portuguese purchase?
A property lawyer (advogado) contracted and paid by the buyer is the closest thing Portugal has to a buyer advocate in a property transaction. Their scope is legal, not physical.
Engaging an independent property lawyer is the single most important step a buyer in Portugal can take, ahead of any other professional. Unlike the notary (who is neutral) and the mediador (who represents the seller), a property lawyer contracted by the buyer works exclusively for the buyer's interests within their defined scope.
A competent Portuguese property lawyer will:
Review title and ownership. The certidão de registo predial (land registry certificate) shows who owns the property and what charges, mortgages, or encumbrances sit against it. The lawyer verifies that the seller has clear title to sell and that no undisclosed liabilities will transfer to the buyer.
Check the caderneta predial. The caderneta predial urbana is the tax registration document showing the property's fiscal identity, its registered area, and its value for IMI (municipal property tax) purposes. The lawyer verifies that this matches the property being sold and identifies any discrepancies.
Verify the licença de utilização. The certificate of use confirms that the building was granted a licence to be used for its current purpose: residential, commercial, or mixed. The lawyer checks this document and flags any conditions or restrictions it contains.
Review the ficha técnica de habitação. For properties built after 2004, the ficha técnica is a technical data sheet that describes the building's specifications at the time of construction. The lawyer reviews this for discrepancies with the current state of the property.
Advise on the CPCV. The lawyer reviews and advises on the terms of the promissory contract, including the sinal amount, the deadline for the escritura, any conditions precedent, and the consequences of default. They can draft or negotiate conditions that protect the buyer's position, including a financing condition or, if the inspection has already been completed, an inspection condition.
Check for preferência holders. The lawyer verifies whether the property is subject to a direito de preferência from a tenant, the municipality (in ARU zones), or a heritage body (DGPC). Failure to identify and correctly notify preferência holders can result in the transaction being challenged after completion.
Advise on taxes and costs. IMT (property transfer tax), Imposto de Selo (stamp duty), notary fees, and land registry fees all need to be budgeted before the escritura. The lawyer advises on the applicable rates and helps the buyer understand their total cost of acquisition.
Attend the escritura. The lawyer typically accompanies the buyer to the notary for the final deed, ensures the documents presented are correct, and advises on anything that arises at that stage.
What does a property lawyer not cover?
A property lawyer's scope is entirely legal. They do not assess the physical building, do not check for unlicensed works, and do not verify that the property's structural or MEP condition is sound.
This is the most important limitation to understand, and the one most commonly overlooked by buyers. A property lawyer working on a Portuguese purchase reviews documents. Their professional obligation is to advise on legal risk, not on physical risk.
A property lawyer does not:
- Inspect the structural condition of the building
- Identify moisture, damp, or water ingress
- Verify the electrical installation against current standards (RTIEBT)
- Check gas installation compliance (Regulamento Técnico)
- Identify extensions, conversions, or alterations that lack municipal licences
- Compare the property's physical state against its licença de utilização
- Assess the condition of the roof, facade, foundations, or MEP systems
- Advise on the cost or feasibility of any works required to bring the property into compliance
The lawyer reviews whether the licença de utilização exists and what it says. They do not verify whether the building actually matches that licence in physical terms. A property with an unlicensed extension, one that adds area, changes the facade, or modifies the structural layout without municipal approval, will pass a full legal due diligence review. The licence document exists; the building simply does not match it.
Since Decreto-Lei n.º 10/2024, de 8 de janeiro (DL 10/2024) came into force, this matters more than it used to. Before January 2024, the notary was required to perform a basic check that the property's physical state matched its licensed description. That check no longer happens. The lawyer's scope has not expanded to fill the gap.
What does the notary do in a Portuguese property transaction?
The notary (notário) authenticates the escritura, the final deed that transfers legal title. Their role is formal and neutral. They represent neither buyer nor seller and provide no independent advice to either party.
The notary's role in a Portuguese property transaction is primarily one of authentication and registration. They:
Verify legal identity. The notary confirms the identity of all parties present at the escritura using valid identification documents.
Authenticate the deed. The notary reads and authenticates the escritura, confirming that both parties are signing voluntarily and that the essential elements of the transaction are present.
Confirm documentation. The notary verifies that the required documents are presented: caderneta predial, licença de utilização, certidão de registo predial, energy performance certificate, and confirmation that IMT has been paid.
Register the transaction. After the escritura is signed, the transfer is registered with the land registry (Conservatória do Registo Predial) and the tax authority (Autoridade Tributária).
The notary is a public official whose job is to give the transaction legal certainty. They are not a buyer's advocate. They do not negotiate on either party's behalf, they do not provide legal advice specific to either party's situation, and they do not assess the commercial or physical merits of the transaction.
What did DL 10/2024 remove from the notary's responsibilities?
Before January 2024, the notary was required to verify that the property's physical state corresponded to its licensed description. Decreto-Lei n.º 10/2024 removed this obligation. No professional now performs this check by default.
Decreto-Lei n.º 10/2024, de 8 de janeiro (DL 10/2024) simplified the administrative requirements for property transactions as part of a broader programme to reduce bureaucracy and speed up conveyancing. One consequence was the removal of the notary's obligation to verify that the property's physical state matched its licensed description before proceeding with the escritura.
Before DL 10/2024, a property with an unlicensed extension or a physical configuration that differed from its licença de utilização would, in principle, be flagged at the notarial stage. In practice this verification was imperfect, as notaries were not conducting site inspections, but it provided a formal checkpoint that at least required the parties to address major discrepancies.
Since January 2024, that checkpoint does not exist. The notary proceeds to the escritura based on the documentation presented, regardless of whether the building's physical state matches its licensed description. A property with a completely unlicensed floor added during a renovation can transfer title without the notary raising any objection, because the notary is no longer required to check.
The practical consequence is that the buyer must take personal responsibility for verifying physical compliance. The only professional whose role includes this check is an independent engineer commissioned specifically for that purpose, before the CPCV is signed.
What does the real estate agent do, and who do they work for?
The mediador imobiliário is contracted and paid by the seller. Their legal obligations under Lei n.º 15/2013, de 8 de fevereiro, run to the mediation contract and to the transaction, not to the buyer's best interests.
The real estate agent (mediador imobiliário) is the professional most buyers interact with most frequently during a Portuguese property purchase, and the one whose role is most commonly misunderstood.
The mediador is contracted by the seller through a mediation contract (contrato de mediação). Their commission, typically 5% plus 23% IVA of the sale price, is paid by the seller on successful completion. Their professional obligation is to find a buyer and facilitate the transaction at a price acceptable to the seller.
Under Lei n.º 15/2013, de 8 de fevereiro, the mediador is required to:
- Present the property to prospective buyers
- Provide accurate information about the property to the extent they possess it
- Assist in drafting the CPCV
- Communicate relevant information about the transaction to both parties
The mediador is not required to:
- Disclose that they are contracted and paid by the seller
- Act in the buyer's financial interest
- Advise the buyer on whether the asking price represents good value
- Identify defects in the property beyond what is visually apparent during a viewing
- Commission or review technical surveys
- Verify that the property's physical state matches its licensed description
In practice, the mediador often acts as the buyer's main source of information about the property. This is not because they are working for the buyer; it is because no other professional has been engaged to fill that role.
What is the agent legally required to disclose to the buyer?
The mediador must provide accurate information they possess. They are not required to seek out information they do not have, to declare their contractual relationship with the seller, or to disclose conflicts of interest.
The disclosure obligations of the mediador under Lei n.º 15/2013 are narrow. They must not actively deceive the buyer. They must provide information about the property that they hold. Beyond that, the law imposes no further disclosure obligations.
Specifically, the mediador is not required to tell the buyer:
- That they were contracted by and are paid by the seller
- That they have a financial interest in the transaction completing at a higher price
- That the same mediador may be representing both buyer and seller in the same transaction (dual agency)
- That the property has defects the seller disclosed to the mediador in confidence
- That a previous sale of the same property fell through and why
The April 2025 Sérvulo analysis published in Idealista identified mandatory conflict-of-interest disclosure as the most pressing regulatory reform the AMI framework requires. The reform has not been implemented. Until it is, buyers who want to understand whose interests the mediador represents must ask directly: who signed your mediation contract, and who pays your commission?
Where do all three professionals' scopes end?
The lawyer's scope ends at the legal documents. The notary's scope ends at authentication. The mediador's scope ends at transaction facilitation. None of them assesses the physical building.
The three professionals together cover a substantial portion of the risks in a Portuguese property purchase. Between them they address legal title, contractual terms, tax obligations, registration, and transaction facilitation. But there is a gap they all share: the physical condition of the building.
None of the three:
- Assesses the structural integrity of the property
- Checks for moisture, damp, subsidence, or water ingress
- Verifies electrical or gas installation compliance
- Identifies works carried out without the required municipal licences
- Compares the physical configuration of the building against its licença de utilização
- Advises on the cost or complexity of bringing the property into a legal or structural standard
This gap is not an oversight or a failure of any individual professional. It reflects the defined scope of each role. A property lawyer is trained in law. A notary is a public authentication official. A mediador is a transaction facilitator. None of them is a structural engineer, and none of them has the professional competency or the legal obligation to assess the building itself.
Who assesses the physical condition of the building?
An Ordem dos Engenheiros (OE) registered engineer, commissioned by the buyer before the CPCV is signed, is the only professional in a Portuguese property transaction whose scope includes the physical building.
An OE-registered engineer commissioned for a pre-purchase inspection provides an assessment that covers what all three standard transaction professionals leave unchecked:
Structural condition. The engineer assesses the building's structural elements, including walls, floors, roof structure, and foundations, for signs of distress, movement, or failure. In older Portuguese buildings, this includes assessing traditional construction techniques (including pombalino and gaioleiro structures in Lisbon) and identifying where they are performing below expected standards.
Moisture and water ingress. Moisture is among the most common defects in Portuguese properties, particularly in older buildings and those that have been renovated without addressing underlying waterproofing. The engineer uses moisture meters and hygrometers to identify areas of active or historic infiltration that are not visible to the naked eye during a standard viewing.
Electrical installation. The engineer checks the electrical installation against the current Portuguese standard (RTIEBT: Regras Técnicas de Instalações Elétricas de Baixa Tensão). Older installations frequently do not meet current standards, and renovations sometimes add circuits without upgrading the main panel, creating safety and compliance risks.
Gas installation. Gas installations are checked against the applicable Regulamento Técnico to identify non-compliant configurations, unsafe connections, or installations that require certification before the property can be safely occupied.
Licensed vs. actual footprint. The engineer compares the property's physical configuration, including room layout, floor area, extensions, and outbuildings, against its licença de utilização and caderneta predial. This comparison identifies works that were carried out without municipal approval and that may require retroactive licencing or, in some cases, demolition.
MEP systems. Mechanical, electrical, and plumbing systems are assessed for condition and compliance. This includes HVAC systems, plumbing routes, drainage, and any building automation.
The inspection report produced by an OE-registered engineer gives the buyer the only independent technical assessment of the building available before the CPCV is signed. It is the foundation for any price renegotiation based on physical findings, and the document that enables a well-drafted CPCV inspection condition to function.
Book a pre-purchase inspection · get a quote at inspectos.pt/en/home-inspections
How should a buyer structure their protection team in Portugal?
Four professionals, engaged in the right sequence, cover all the major risk categories in a Portuguese property purchase. The inspection comes first, before the CPCV commits the buyer's deposit.
The sequence matters as much as the team. A buyer who engages all four professionals but in the wrong order ends up with their deposit at risk before the most important checks have been completed.
Step 1: Commission the inspection before the CPCV. Before the CPCV is signed, an OE-registered engineer assesses the physical building. The inspection report either confirms the property is sound (providing confidence to proceed), identifies issues that support price renegotiation, or identifies problems serious enough to walk away from, at zero cost beyond the inspection fee.
Step 2: Instruct the property lawyer before the CPCV. The lawyer reviews all legal documentation, checks for preferência holders, advises on the CPCV terms, and drafts any conditions precedent. The lawyer and the inspector work in parallel: the lawyer covers legal risk, the inspector covers physical risk. Neither substitutes for the other.
Step 3: Confirm financing before the CPCV. If the purchase is mortgaged, a mortgage approval in principle from a Portuguese lender should be in hand before the CPCV is signed. A CPCV without a financing condition that subsequently falls through leaves the buyer without a penalty-free exit.
Step 4: The notary authenticates the escritura. Once legal and physical due diligence is complete, the CPCV is signed on terms the buyer's lawyer has approved, and the transaction proceeds to the escritura. The notary's role at this stage is authentication; the buyer's protection has already been built in the prior steps.
This sequence inverts the assumption that the notary or mediador will catch problems at a late stage. Since DL 10/2024, the notary does not perform physical compliance checks. The mediador has no obligation to flag problems they were not told about. The protection that matters is built in Steps 1 and 2, before the CPCV, not after.
Book a pre-purchase inspection · get a quote at inspectos.pt/en/home-inspections
Frequently Asked Questions
Do I need a property lawyer in Portugal, or is a notary enough?
A notary is not a substitute for a property lawyer. The notary is a neutral public official whose role is authentication and registration. They provide no legal advice specific to your situation, do not negotiate on your behalf, and will proceed with the escritura regardless of whether the terms are in your interest. A property lawyer contracted by you, reviewing the documentation and advising on the CPCV before you sign, is the only professional in the standard transaction chain whose job is to protect your legal interests.
Can I use the seller's lawyer?
No. A lawyer who advises both buyer and seller in the same transaction faces an irreconcilable conflict of interest. In Portugal, unlike some other jurisdictions, there is no formal prohibition on this, but any reputable property lawyer will decline to represent both sides. Engage your own independent lawyer from the outset.
What happens if the mediador knows about a defect but does not tell me?
If the mediador was informed of a defect by the seller and actively concealed it from the buyer, this may constitute fraudulent misrepresentation under the Código Civil and could give the buyer grounds to rescind the contract or claim damages. However, proving active concealment is difficult in practice. The mediador is not required to seek out defects they were not told about, and in most disputes of this kind the mediador's position will be that they passed on what they knew. The practical protection is not relying on mediador disclosure; it is commissioning an independent inspection that identifies defects regardless of what anyone has or has not disclosed.
Is the notary responsible if a problem is discovered after the escritura?
The notary's liability is limited to their defined scope: authentication of the deed based on the documentation presented. If the documentation was accurate and complete, the notary bears no liability for physical problems with the property discovered afterward. A buyer who discovers that an extension was built without a licence after the escritura has no claim against the notary, who was not responsible for checking this.
At what point in the process should I commission the inspection?
Before the CPCV is signed. The CPCV is the point at which the buyer's deposit (typically 10% to 20% of the purchase price) becomes legally at risk. If an inspection is commissioned after the CPCV, any problems discovered either have to be accepted, negotiated at a point of weaker bargaining position, or used to trigger a withdrawal that costs the full sinal. Commissioning the inspection before the CPCV allows findings to inform the contract terms, support price negotiation, or provide grounds to walk away at no financial cost beyond the inspection fee.
Does my lawyer review the inspection report?
They can and should. A lawyer and an OE engineer have complementary scopes: the lawyer covers legal compliance and contractual risk, the engineer covers physical condition and technical compliance. If the inspection identifies unlicensed works, the lawyer can assess the legal implications: whether retroactive licencing is possible, what the seller's obligations are, and how to structure the CPCV conditions to protect the buyer. The two professionals work best when the inspection report is available before the CPCV is finalised.
What qualifications should I look for in a Portuguese property inspection engineer?
The engineer should be registered with the Ordem dos Engenheiros (OE) in a relevant specialism: civil engineering, structures, or building services engineering are the most relevant. OE registration is the recognised professional standard for engineering practice in Portugal and the baseline qualification that indicates independent competence. Ask for the engineer's OE registration number, which can be verified on the OE public registry, and confirm that they carry professional indemnity insurance.
Conclusion
The lawyer, notary, and agent together cover a substantial range of legal, administrative, and transactional risks in a Portuguese property purchase. None of them covers the physical building. Between the lawyer's legal scope, the notary's authentication role, and the mediador's transaction facilitation, there is a gap that has grown wider since DL 10/2024 removed the notary's residual physical compliance check.
That gap belongs to the buyer to close. An OE-registered pre-purchase inspection, commissioned before the CPCV is signed, is the only mechanism that fills it. Combined with an independent property lawyer reviewing the legal documentation, these two professionals provide the coverage that the standard transaction chain does not.
Book a pre-purchase inspection · get a quote at inspectos.pt/en/home-inspections
Updated June 2026 | InspectOS Editorial | InspectOS Portugal
Sources
- Lei n.º 15/2013, de 8 de fevereiro
- Decreto-Lei n.º 10/2024, de 8 de janeiro
- Código Civil Português
- Ordem dos Engenheiros, professional registry and competency framework
- RTIEBT, Regras Técnicas de Instalações Elétricas de Baixa Tensão
- Idealista/news, Sérvulo analysis, April 2025
- IMPIC, Mediação Imobiliária regulatory framework