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Buying a house without the presentation of a license: everything that changes in the simplex

With the implementation of the new law – “Decreto-Lei n.º 10/2024 de 8 de janeiro” The presentation of a usage license is no longer mandatory at the time of buying or selling a house. However, real estate experts advise potential buyers to request these documents before signing any contracts (promise or reservation agreements).

It is crucial for buyers to ensure immediately that the property possesses the necessary license or technical housing file from the seller before committing to the purchase. This precautionary measure becomes particularly important as the usage license may be required during the formalization of housing loans or even in future property sales.

“In light of these changes, families and investors will need to invest more in conducting a legal audit of properties, a step that is often overlooked,” suggest experts from SRS Legal. To ensure that a property is duly licensed, families and investors can also consult various market specialists, who now must inform buyers about this matter.

“Although the aforementioned legal guarantee has been eliminated, the urban planning simplex determined in Article 19 that, in legal transactions involving the transfer of ownership of urban properties, the registrar, assistant, or clerk, the notary, lawyer, or solicitor must inform that the property may not have the necessary urban titles for use or construction,” remind experts from Abreu Advogados. They consider this a way to “continue alerting the buyer/investor that they may be acquiring the property without the necessary urban titles for its construction or use.”

Article by Vanessa Sousa and Tânia Ferreira dated January 17, 2024

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