A sound real estate decision begins before the promissory contract. Real estate due diligence is the preventive legal review of a property — across its land‑registry, planning and tax dimensions — that lets you decide with full knowledge of the charges, licences, contingencies and exit clauses, before the decision becomes irreversible.
When it is advisable
- Before signing the promissory purchase and sale agreement (CPCV) or paying the deposit.
- When acquiring land for construction or a property to refurbish.
- When buying a property under construction or off‑plan.
- When acquiring an income property or a leased property.
- In transactions through a special‑purpose vehicle (SPV) or by non‑resident investors.
- Whenever there are doubts about areas, licences, works or ownership of the property.
What is analysed
Land‑registry and property status
- Ownership, chain of title and consistency between the permanent land‑registry certificate, the tax record (caderneta) and the physical reality.
- Mortgages, attachments, seizures, usufructs, easements and other registered charges.
- Pre‑emption rights (tenant, co‑owners, public bodies) that may affect the acquisition.
- Area discrepancies between the registry, the tax record and reality; composition and boundaries.
Planning status
- Existence and compliance of the use licence and of the intended use of the property.
- Conformity of the construction with the licensed project; identification of unlicensed works or extensions to be legalised.
- Position under the Municipal Master Plan (PDM) and territorial management instruments; feasibility of the use or of new operations.
- Impact of the new RJUE (in force on 1 October 2026) on the requirement of a planning title and on the parties’ responsibilities.
Tax status
- IMT (property transfer tax) and Stamp Duty due on the acquisition; applicable exemptions and surcharges.
- IMI/AIMI and any tax debts linked to the property and the seller.
- Capital‑gains regime and planning of the transaction (personal name or SPV).
The contract and the deposit
- Review of the CPCV: deposit regime (article 442 of the Civil Code), specific performance and exit clauses.
- Conditions precedent that protect the deposit and make the deal conditional on confirmation of the legal status.
What you receive
- A clear due diligence memorandum, with the legal assessment of each dimension.
- A risk matrix ranking the contingencies and their economic relevance.
- Recommendations and the list of conditions to require from the seller before proceeding.
- The review or negotiation of the CPCV, with the appropriate conditions precedent.
- Coordination with the land registry, the notary and the municipality where necessary.
How it works — four phases
- Diagnosis — framing of the transaction, the property and the objectives.
- Documents — gathering and analysis of the registry, planning and tax documentation.
- Risk matrix and options — identification of the contingencies and the ways to address them.
- Execution and closing — conditions in the CPCV, negotiation and support through to completion.
Useful initial documentation
Whenever available: permanent land‑registry certificate, urban tax record (caderneta), use licence, plans and the housing technical file, energy certificate and the draft promissory contract.
Frequently asked questions
Is due diligence done before or after the CPCV?
Ideally before. If the CPCV is already about to be signed, the buyer’s position can be safeguarded through conditions precedent that make the deal conditional on confirmation of the legal status.
How long does it take?
It depends on the complexity of the property and the documentation available; a baseline review is usually completed within a few business days.
What happens if a problem arises?
Each contingency is classified by severity and by the ways to resolve it — from requiring regularisation by the seller to renegotiating the price or the conditions and, if necessary, not proceeding with the deal.
Related reading
- Buying and selling property and the CPCV
- Urban planning and licensing
- New RJUE confirmed for 1 October 2026: what changes in practice
- 7.5% IMT for non-residents: who pays the new surcharge and how to avoid it (2026)
- More analyses in Publications
Areas covered
Support for transactions across Greater Lisbon — with particular proximity to Cascais, Oeiras, Sintra and the South Bank — and, by video conference, throughout the country.
Information and contact
Office at Lagoas Park, Building 7, in Oeiras. Meetings in person or by video conference, in Portuguese, English and Spanish.
Notice: before sharing documents, deadlines or the identity of the counterparty, please await confirmation that there is no conflict of interest and acceptance of the engagement. The information on this page is general in nature and does not constitute legal advice.