Paulo Silva Silva Lawyer
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5 min read
Energy certificate and the new EPBD directive: what is already mandatory and what is coming

In short

In Portugal an energy certificate is mandatory to sell or let a building or unit (Article 18 of Decree-Law 101-D/2020). It must be given to the buyer or tenant before the promissory contract or the lease, and the energy class must appear in every listing. It is generally valid for ten years. Failure is an administrative offence, with fines of €250 to €3,740 for individuals and €2,500 to €44,890 for companies. The new EU Directive 2024/1275 had to be transposed by 29 May 2026; Portugal has done so only in part, through Decree-Law 11/2025. What it brings — a harmonised A-to-G scale, zero-emission new buildings from 2030, targets for the housing stock — will weigh on the value of inefficient property.

Provisions checked against the consolidated Decree-Law 101-D/2020 (last amended by Decree-Law 11/2025) in the Diário da República and the text of Directive (EU) 2024/1275 on EUR-Lex on 18 October 2026.

When is an energy certificate mandatory?

Article 18(1) of Decree-Law 101-D/2020 requires certification for, among others, new buildings, major renovations and buildings at the time of sale, transfer in lieu of payment, lease or transfer of a business (point (e)). Exemptions include (paragraph 2):

  • sales to a co-owner, tenant or expropriating body in enforcement or insolvency proceedings, or for total demolition, subject to prior confirmation by the licensing authority;
  • gratuitous transfers — gifts, legacies and inheritances;
  • letting the landlord’s habitual residence for less than four months;
  • re-letting to the previous tenant immediately after the earlier lease.

Who must do what?

PartyObligationProvision (DL 101-D/2020)
OwnerObtain the certificate and give the buyer or tenant a copy before the promissory contract or lease, and the original before the final contractArt. 29(1)(a) and (c)
Notaries and bodies certifying documentsRecord the certificate number in the deed or certificationArt. 31
Estate agencyState the energy class in every listingArt. 32
Listing portalsNot publish, or remove, listings without the energy classArt. 33(a)
The certificate must be delivered before the promissory contract, not before completion. Signing a CPCV without the buyer having received it exposes the seller to fines and weakens its position if the buyer claims not to have known the energy class.

How long is a certificate valid?

TypeValidityProvision
Energy certificate (general rule)10 yearsArt. 23(1)(b)
Pre-certificate10 yearsArt. 23(1)(a)
Shell building1 year, renewableArt. 23(1)(g) and (2)
Commercial and services buildings lacking a mandatory technical-systems inspection report1 yearArt. 23(1)(f)

What is the fine for having no certificate?

€250 to €3,740 for individuals and €2,500 to €44,890 for companies, applicable to owners, agencies and portals that breach their obligations (Article 35(1)). Negligence is punishable, with limits halved (paragraph 2), and ancillary sanctions may apply (Article 36).

What does the new EU directive (EPBD) change?

Directive (EU) 2024/1275 had to be transposed by 29 May 2026 (Article 35). Portugal did so in part through Decree-Law 11/2025; the consolidated Decree-Law 101-D/2020 shows no later amendment as of today. Its core rules are:

MeasureContentDirective article
Zero-emission new buildingsPublic buildings from 1 January 2028; all new buildings from 1 January 2030Art. 7
Non-residential buildingsMinimum standards: from 2030 all must be below the worst-performing 16% threshold; from 2033, below the 26% thresholdArt. 9(1)
Residential stockAverage primary energy use down by at least 16% by 2030 and 20–22% by 2035 versus 2020; at least 55% of the reduction from the worst-performing 43% of buildingsArt. 9(2)
Renovation passportScheme to be set up by 29 May 2026; voluntary for owners unless the Member State makes it mandatoryArt. 12
CertificateNew template and closed A-to-G scale, A being zero-emission; maximum validity 10 yearsArt. 19(2) and (13)

For housing, the directive does not impose a direct renovation duty on each owner: it sets an average target for the stock and leaves the measures to the Member State. But the recalibrated scale and pressure on the worst-performing buildings will feed through to bank lending, valuations and prices.

What to check before selling, buying or letting

  • Sellers and landlords: get the certificate before advertising; the class must appear in the listing.
  • Buyers: require the certificate before the CPCV and check its number and validity on the SCE portal.
  • Investors: price in the cost of moving up a class; a class A or better certificate raises the affordable-letting rent cap by 10% (Ordinance 454/2026/1).
  • Completion: make sure the certificate number is recorded in the deed.

Frequently asked questions

Is an energy certificate mandatory to sell a home in Portugal?

Yes. It is required on sale, transfer in lieu of payment, lease and business transfer (Article 18(1)(e), Decree-Law 101-D/2020), with exceptions in paragraph 2 such as inheritances, gifts and sales in enforcement proceedings.

When must the certificate be given to the buyer?

A copy before the promissory contract or lease and the original before the final contract (Article 29(1)(c)).

How long is an energy certificate valid?

Generally ten years (Article 23).

What is the fine for selling or letting without a certificate?

€250 to €3,740 for individuals and €2,500 to €44,890 for companies (Article 35).

Do I need a certificate to let my home for three months?

No, if it is your habitual residence and the let lasts less than four months (Article 18(2)).

Does the new directive force me to renovate my home?

Not directly. For housing it sets average reduction targets for the national stock; specific measures depend on Portugal’s transposition.

Before you sell, buy or let, we check the certificate, the use permit and the other documents the deal requires. Book a meeting.

Read also

Real estate due diligence · Affordable letting (RSAA) in 2026 · 6% VAT on construction and refurbishment

Sources

Official Portuguese Gazette (Diário da República), consolidated versions; links checked on 18 October 2026. Always confirm the version in force on the date of your decision.

General information, updated on 18 October 2026. It does not replace an analysis of the specific case and is not legal advice.

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