We identify encumbrances, illegalities and contingencies while it is still possible to negotiate, correct or withdraw — not after the commitment has been signed.
Real Estate · Urban Planning · Due Diligence
Buy, sell or invest in real estate with legal security
Preventive and strategic legal advice in Lisbon and throughout the country. We anticipate risks before signing, to protect your assets and your investment.
- Purchase & Sale
- Investment
- Licensing
- Due Diligence
- Structuring
- Litigation
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A preventive, not reactive, approach
The value of legal counsel lies in preventing the problem, not merely in solving it afterwards.
I.
Preventive action
II.
Rigour and strategic insight
Each transaction is analysed with documentary depth and business vision: what the law permits, what the land registry reveals and what the market advises.
III.
Discretion and asset protection
Confidential counsel focused on the security and enhancement of your assets, coordinated where necessary with tax advisers and accountants.
Practice areas
Where we can help
Real Estate Due Diligence
Legal audit of the property before purchase: land registry certificate, use permit, encumbrances, mortgages, easements, area discrepancies and horizontal property.
Purchase & Sale
Offers, reservations, promissory contract (CPCV), deposit, conditions precedent, financing, deed and protection of the buyer or seller.
Real Estate Investment
Advice to domestic and foreign investors on residential and commercial assets, land, refurbishment, tenanted properties, auctions and portfolios.
Urban Planning & Licensing
Planning feasibility, municipal master plan (PDM), subdivisions, change of use, legalisation of construction, prior information requests, work stoppages and administrative offences.
Legal & Tax Structuring
The right acquisition structure — direct, special-purpose vehicle (SPV), holding or family — with legitimate tax efficiency.
Real Estate Litigation
Breach of promissory contract (CPCV), construction defects, leasing and eviction, unlawful occupation, co-ownership and challenges to planning acts.
Before the purchase
Risks we avoid before signing
Each of these problems has turned good purchases into lengthy and costly contingencies. All are detectable — before the deed.
Mortgages, attachments and seizures
Uncancelled charges that burden the property after purchase.
Absence of a use permit
Or actual use incompatible with the licensed use.
Defective horizontal property
Outdated constitutive titles or irregular units.
Overlooked rights of first refusal
Tenants, co-owners or public entities that may invalidate the transaction.
Tax contingencies
Incorrect treatment of IMT, IMI, AIMI, VAT or capital gains.
Discrepancies between tax records, land registry and reality
Areas and descriptions that do not match what was built.
Illegal works and non-compliance with the PDM
Unlegalised construction and extensions, difficult to regularise.
Hidden occupations and leases
Third parties with rights over the property that only emerge later.
Easements and planning encumbrances
Restrictions that condition the use and value of the asset.
Poorly drafted promissory contract (CPCV)
Unprotected deposit, with no conditions precedent or exit clauses.
«The cost of a preventive review is negligible against the value of the property — and minute against the cost of buying a problem.»
Investing with structure
Legal and tax structuring of the investment
The way you acquire determines the risk you take on, the tax you bear and how easily you will one day exit the investment. Before committing capital, we help you choose and set up the right structure.
With postgraduate training in Corporate Tax Law (University of Coimbra, IDET), tax analysis is integrated into the legal advice from day one, in coordination with your accountant or tax adviser.
Direct acquisition vs. commercial company: the advantages and costs of each route
Special-purpose vehicles (SPV) and private limited companies for real estate operations
Holdings and family structures: risk separation and asset organisation
Treatment of IMT, IMI, AIMI, VAT and capital gains in the specific transaction
Structure and guarantees of bank financing
Succession planning and transfer of real estate assets
Shareholders agreements, partner covenants and exit clauses
Methodology
How we work
A clear method, from the first assessment to the secure completion of the transaction.
01
Objective assessment
We understand what you aim to achieve and the context of the transaction.
02
Document gathering and analysis
We gather and examine certificates, permits, registrations and contracts.
03
Risk identification
We map legal, registry, planning, tax and contractual contingencies.
04
Strategy definition
We design the path: acquisition, regularisation, negotiation or defence.
05
Support through to completion
We stand with you until the secure closing of the transaction.
The lawyer
Prevent before litigating
Paulo Silva Silva devotes his practice to Real Estate Law, Urban Planning and Land Management, serving owners, buyers, investors, developers and companies with significant real estate assets. From Parque das Nações in Lisbon, he handles transactions across the Lisbon Metropolitan Area, from Cascais to Setúbal, and throughout the rest of the country.
His education brings together, in a single path, the two dimensions that decide any real estate transaction: urban planning and taxation.
Portuguese – English – Spanish
Parque das Nações, Lisbon
2004 · Lusíada Porto
Bachelor of Laws — Public Law field, Universidade Lusíada do Porto.
The public-law foundation underpinning the practice in urban planning and administrative litigation.
Coimbra · IDET
Postgraduate Diploma in Corporate Tax Law – University of Coimbra.
(IDET). The tax framework of investment operations and structures.
Coimbra · CEDOUA
Postgraduate Diploma in Spatial Planning, Territory, Urban Planning and Environmental Law – University of Coimbra (CEDOUA).
The leading national academic reference in urban and spatial planning.
Where we operate
Lisbon, Greater Lisbon and the whole country
Based in Parque das Nações, we handle real estate transactions in Lisbon, along the Cascais and Oeiras coast, in the Sintra, Amadora and Loures ring, and on the south bank — Almada, Seixal and Setúbal. Wherever the property is, the legal analysis is the same: thorough, preventive and focused on the security of your decision.
Lisbon
Cascais
Oeiras
Sintra
Amadora
Loures
Almada
Seixal
Setúbal
Lisbon Metropolitan Area
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Frequently asked questions
Useful clarifications
Do I need a lawyer if I already have an agent and a bank? +
Yes. The agent brings the parties together and the bank provides financing; neither has a duty to protect your interests in legal terms. The lawyer checks the registry, planning and tax status of the property and ensures the contract protects you — before you sign.
What is real estate due diligence and when does it make sense? +
It is the legal audit of the property before purchase. It makes sense whenever significant value is at stake: it confirms ownership, encumbrances, permits, areas, use and planning compliance, avoiding surprises after the deed.
Should I buy in my own name or through a company? +
It depends on the objective, the investment horizon, the financing and the tax framework of the specific case. Each route has distinct costs, advantages and obligations — we analyse your situation and, together with your accountant, help you choose the right structure.
I have already signed a promissory contract. Can I still get advice? +
Yes — and the sooner the better. We review the clauses, the deposit regime, the conditions precedent and the remedies for breach or termination, to protect your position.
I bought a property with licensing problems. Is there a solution? +
Many situations can be regularised (legalisation, change of use, prior notification). Feasibility depends on the PDM framework and the applicable municipal rules, which we assess case by case.
Do you work with foreign investors? +
Yes. We advise in Portuguese and English, addressing the specific needs of those investing in Portugal from abroad.
Contact
Book a consultation
Before buying, confirm in legal terms what you are acquiring. In-person meetings at Parque das Nações or online.
Address: Passeio de Neptuno, n.º 23, Parque das Nações, 1990-193 Lisbon
Mobile: 916 055 901
Email: paulosilvasilva.adv@gmail.com
Hours: Monday to Friday, 9:00–19:00
Paulo Silva Silva
Lawyer
Legal information. Paulo Silva Silva, Lawyer · Portuguese Bar Association, Licence No. 46829-P · NIF 228319528 · Passeio de Neptuno, n.º 23, Parque das Nações, 1990-193 Lisbon.
© 2026 Paulo Silva Silva — Lawyer
The information on this site is of a general and institutional nature and does not constitute legal advice or create a client relationship. This communication complies with the professional-conduct duties applicable to the legal profession.