Real estate due diligence is the preventive legal review of a property before you commit — across its land-registry, planning and tax dimensions. For an international buyer, it is the single most effective protection: it reveals the charges, licences and contingencies that Portuguese public records disclose, while there is still room to negotiate, correct or withdraw.
When it is essential
- Before signing the promissory purchase and sale agreement (CPCV) or paying any deposit.
- When buying land for construction, a property to refurbish, or a property bought off-plan.
- When acquiring an income property, a leased property or through a company (SPV).
- Whenever, buying from abroad, you cannot personally inspect the property or the file.
What is checked
Land registry and title
- Ownership and chain of title; consistency between the permanent land-registry certificate (certidão permanente), the tax record (caderneta predial) and the physical reality.
- Mortgages, attachments, seizures, usufructs, easements and other registered charges.
- Pre-emption rights (tenants, co-owners, public bodies) that may affect the acquisition.
- Area discrepancies between the registry, the tax record and reality.
Urban planning
- Existence and compliance of the licence of use (licença de utilização) and of the intended use.
- Conformity of the construction with the licensed project; unlicensed works or extensions to legalise.
- Position under the Municipal Master Plan (PDM) and the impact of the new RJUE (in force on 1 October 2026) on the planning title.
Tax
- IMT (property transfer tax) and Stamp Duty due on the acquisition; exemptions and surcharges.
- IMI/AIMI and any tax debts linked to the property or the seller.
- Capital-gains regime and the non-resident position; personal name or company.
The Portuguese documents
Whenever available: permanent land-registry certificate, urban tax record (caderneta predial urbana), licence of use, plans and the housing technical file (ficha técnica), energy certificate, and the draft promissory contract. These are obtained and cross-checked on your behalf.
Handled from abroad
Documents are gathered and reviewed electronically; findings are delivered in English. Where a binding step is imminent, your position is protected through conditions precedent in the CPCV, so nothing is signed before the legal status is confirmed.
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.
- The list of conditions to require from the seller, and the conditions precedent for the CPCV.
Frequently asked questions
Is due diligence done before or after the CPCV?
Ideally before. If the CPCV is imminent, the buyer’s position can be safeguarded through conditions precedent that make the deal conditional on confirmation of the legal status.
Can it be done without me being in Portugal?
Yes. The review relies on public records and documents that are obtained and analysed remotely; a site survey, where relevant, is coordinated locally.
Related
- Buying property in Portugal: a legal guide
- Buying and selling property and the CPCV
- Urban planning and licensing
Jurisdiction and contact
This guidance concerns Portuguese law and property located in Portugal. 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.