Legal summary
DL 101-D/2020 (Decreto-Lei n.º 101-D/2020, de 7 de dezembro) governs energy certification of buildings in Portugal. Key facts at a glance:
| Law | DL 101-D/2020 (Decreto-Lei n.º 101-D/2020, de 7 de dezembro) |
| Authority | ADENE (Agência para a Energia) |
| Validity | 10 years (homes, commerce and services) · 8 years (large service buildings, GES) |
| Maximum fine (individuals) | €3,740 |
| Maximum fine (companies) | €44,890 |
| New builds | Minimum class B required |
| Renovation passport (EPBD) | State scheme due by 29 May 2026; voluntary for owners |
What does DL 101-D/2020 require for property sales and rentals in Portugal?
DL 101-D/2020 made the energy certificate mandatory at every stage of a property transaction, not just at the deed, as the previous regime required.
Three obligations now apply simultaneously:
In the listing
The SCE certificate number must appear in every sale or rental advertisement, online or print. Publishing a listing without it violates the law from the moment the property goes to market.
Before signature
The full certificate document must be delivered to the buyer or tenant before the promissory purchase contract (CPCV, Contrato-Promessa de Compra e Venda) is signed. Delivering it at the escritura (deed) is too late.
For new builds and major renovations
New residential buildings must meet the energy requirements of DL 101-D/2020 before the licença de utilização is issued. PRR-funded programmes set their own minimum energy class in each programme notice.
Before DL 101-D/2020, the certificate was required only at deed and carried no mandatory listing obligation. The law closed a gap that allowed sellers to disclose energy performance only when the buyer was already committed.
Who is legally required to have an energy certificate in Portugal?
The obligation falls on the property owner. There are exemptions, set out in Article 18(2) of DL 101-D/2020: autonomous single-family buildings with a useful floor area of 50 m² or less, non-onerous transfers (gifts, bequests and inheritances), sales arising from insolvency or execution, and several building types including places of worship, unheated parking and ruins. An exemption removes the certificate, not the paperwork: an exempt property still needs a declaration of exemption.
Sellers
Sellers must present a valid certificate in all listings and deliver it before the CPCV is signed. Without it, the sale process cannot be completed without regulatory exposure, and the buyer's mortgage bank will require it before approving financing.
Landlords
Landlords carry the same obligation for rental contracts. The certificate must accompany the rental agreement (contrato de arrendamento). AL (Alojamento Local) licence applications also require a valid SCE certificate.
Buyers and tenants
Buyers and tenants are not legally responsible for obtaining the certificate, but have a strong interest in requesting it before signing. A class E or F rating translates directly into higher running costs, lower resale value, and fewer green-loan options. Under DL 10/2024, buyers now bear more of their own due diligence risk, which is why many commission a pre-purchase inspection alongside the certificate check.
Developers
Developers must obtain a certificate for every new-build unit before it can be marketed, and the unit must meet the DL 101-D/2020 energy requirements.
What are the fines for selling or renting without an energy certificate in Portugal?
Under DL 101-D/2020 and the SCE regulatory framework, ADENE can apply the following penalties:
| Violation | Fine (individuals) | Fine (companies) |
|---|---|---|
| Sale or rental listing without SCE number | €250–€3,740 | €2,500–€44,890 |
| Certificate not delivered before CPCV | €250–€3,740 | €2,500–€44,890 |
| Expired certificate in active listing (>10 years) | €250–€3,740 | €2,500–€44,890 |
| New build not meeting DL 101-D/2020 requirements | €2,500–€44,890 | €5,000–€100,000 |
Fines are not the only financial consequence. A buyer whose mortgage bank discovers an expired or absent certificate mid-transaction can walk away from the CPCV with deposit in hand. Sellers who discover the certificate is expired after listing face a transaction delay of three to five working days while a new assessment is completed, during which a signed CPCV is technically in breach.
What does the energy class scale mean, and where do most Portuguese properties sit?
The SCE energy class scale runs from A+ (most efficient) to F (least efficient). Each class reflects the property's primary energy consumption per square metre per year, assessed against the reference building benchmark set by ADENE.
| Class | Primary energy (kWh/m²/year) | Typical property type |
|---|---|---|
| A+ | Below 25 | New passive-standard builds |
| A | 25–50 | Post-2010 well-insulated builds |
| B | 51–75 | Post-2006 construction, some upgrades |
| B- | 76–100 | Mixed: some retrofits, some 1990s builds |
| C | 101–150 | Pre-2006, partial insulation |
| D | 151–250 | Pre-1990, minimal insulation |
| E | 251–350 | Pre-1980, single-glazing, no insulation |
| F | Above 350 | Pre-1960 unimproved stock |
ADENE data shows that a large share of Portugal's residential building stock (particularly pre-2000 construction in Lisbon, Porto, and the Algarve) sits in class C, D, or below. Properties in class E or F face concrete financial consequences beyond the fine.
Portuguese property market data shows that class E or F properties sell on average 8–15% below equivalent class B properties. On a median Lisbon apartment priced at €350,000, that gap is €28,000–€52,500. A buyer on a €300,000 mortgage paying 0.5% more due to a low energy class pays around €1,500 per year extra in interest.
What does the EPBD mean for your property?
EU Directive 2024/1275 (the recast Energy Performance of Buildings Directive) required Portugal to introduce a renovation passport scheme by 29 May 2026. That deadline applied to the State. For an owner the passport is a planning document, voluntary unless national law makes it compulsory, and no requirement to hold one in order to sell or rent has been confirmed.
Class E or F properties are the first to watch
The EPBD requires Member States to improve the worst-performing part of their housing stock over time. Portugal has not yet set out how this will apply to existing homes, and the worst-rated homes are where any future national rules would apply first.
The renovation passport and green financing
Some grant programmes and green-loan products ask for an energy certificate or an improvement plan. Conditions differ by programme and by lender, so check the programme notice or the bank's terms before relying on one.
InspectOS Renovation Passport
InspectOS offers a Renovation Passport product aligned with the ADENE regime. The Renovation Passport (2,950 €) includes a full energy audit, BIM model of the property, staged improvement roadmap, structural survey, and the documentation that grant and green-loan applications commonly ask for. If your property is class C or below and you are considering a sale, rental, or renovation in 2026, the combination of the EPC (from 400 €) plus Renovation Passport (2,950 €) is the most defensible position ahead of the transposition deadline.
EPBD-compliant staged roadmap + green mortgage access
Learn about the InspectOS Renovation Passport: from 2,950 €How does the InspectOS energy certificate process work?
An InspectOS qualified expert registered with ADENE visits the property and conducts a full assessment. The visit covers:
- Thermal envelope: walls, roof, floors, and windows (U-value assessment)
- HVAC systems: heating, cooling, and ventilation equipment
- Domestic hot water production and distribution
- Lighting systems (for service buildings)
- Solar exposure and building orientation
- Air permeability and thermal bridging
The technician records all findings and submits them to the SCE portal. ADENE issues the official certificate with a unique SCE registration number. The certificate is valid for 10 years for homes and smaller commercial or service buildings, and 8 years for large commercial and service buildings (GES).
For properties assessed at class E or F, InspectOS provides an energy improvement plan alongside the certificate. The plan sets out the works required to achieve class C or B and identifies applicable PRR subsidies and green mortgage products.
Price: from 400 € (incl. 23% VAT). Available in Lisbon, Porto, Algarve, and nationwide. Certificate issued within three to five working days.
If you are preparing a property for sale and also need a Pre-Purchase Inspection (595 €) and Simplex Safe screening (950 €), all three can be booked in one request.
ADENE-registered expert · 3–5 working days · Lisbon, Porto, Algarve, nationwide
Book your energy certificate: from 400 €Energy compliance checklist
Run through this before listing a property or entering a transaction:
- Confirm the energy certificate is valid: issued within the last 10 years (homes, commerce and services) or 8 years (large service buildings, GES)
- Confirm the SCE number appears in every sale or rental listing before publication
- Prepare a copy of the full certificate to deliver to buyer or tenant before CPCV signature
- If class E or F: obtain an energy improvement plan and assess PRR subsidy eligibility
- If class D or below: request a green mortgage assessment from your lender before listing
- Confirm the ADENE technician is currently accredited on the SCE portal (not all historical accreditations remain active)
- If new build: confirm the project meets the DL 101-D/2020 energy requirements before completion; if PRR-funded, check the class the programme notice requires
- For AL licence applications: include the valid SCE certificate with the submission