Legal analysis

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Before signing the promissory contract of Purchase and Sale, you might want to see clarified all legal situations that would arise, namely:

  • The Property content certificate ( Certidão de teor  Predial): This document corresponds to the “identity  card” of the property . It is a document which contains all records relating to the property, the owner’s name, characteristics and location. This certificate is requested in the Registries of Land Registry (Conservatórias do Registo Predial). This can verify that the owner coincides with our seller. We may also note that the property belongs to a company or society and in these cases you may want to check if the person who is selling the property has the legal power to do so. Another issue that we can also confirm regarding potential burden and / or charges that may be on the property (mortgages, lone, on alienation , etc. ) and there are some that remain outstanding , such as an old mortgage not canceled .
  • Finance matrix Certificate registry (Certidão Matricial ou Caderneta predial) : is a document issued by the Tax Offices corresponding to the property parish  , which attests the fiscal situation and the article number in the matrix . This document has the patrimonial value ( the value for the government in tax terms)
  • The user’s License or Inhabitation License: This is a certificate issued by the city council to which the property belongs , that confirms that it has been inspected and meets the conditions required by law to be inhabited.
  • The building License: shall also be issued by the City Council and it is necessary to start the construction of a building, up to the completion of it , at which time will issue the inhabitation license once inspected positively.

In these public institutions, ​​all records are made relating to rural and urban buildings in a particular geographic area.

The Conservatory offers a complete description of each building on a physical level, and any citizen may request information about a building simply enrolled in the Conservatory, for this purpose , requesting the issue through its own model,  a certificate form .

This document can prove that:

  • The property owner is the same person who wants to sell.
  • If the property has any charge or liability.

In the Tax Offices, the property is registered in accordance with a number associated with a particular parish. These figures are given when the registry of the articles in the matrix

Through the use of these Offices, you can get information about the tax status of the property and determine which entity, person or a company, is responsible for tax compliance on that property.

The  “Caderneta predial” is the document that proves the tax situation of each building, along with the owner’s name , area , location and geometry and if rustic, type of culture or trees are develop there.

Requesting the presentation of the updated “Caderneta predial” or through the presentation of the matrix article number, you can obtain this document.

The municipalities are the responsible entities for urban licensing, issuing, among other things, building permits to allow for a specific building on a plot of land.

They are also responsible for issuing usage license certificates- a document that proves the habitability of a property, checking the conformity of the work done, with the urban project approved and the intended use of the building permit.

Resorting to municipalities, you may obtain:

  • Information about the license of a property , making the request on the municipal services for a copy of a habitation license, to ensure that it is not an illegal construction ;
  • Information on whether the property is , or not , under construction, and if being , the information about the building permition is reported on their offices.
  • There is paid a 2nd copy of the habitation license.

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