Portugal has become one of Europe’s most attractive destinations for real estate investment, whether for residence, holidays, or long-term asset appreciation. Social stability, strong legal protections, and high quality of life continue to draw international buyers looking for relocation, investment opportunities, or portfolio diversification.

European buyers dominate demand for residential property in Portugal, particularly from France, the United Kingdom, Germany, Switzerland, and Spain. However, the United States has also emerged as one of the top three nationalities in several regions.

Portugal has even been described as “an incredibly desirable destination” for Americans. As The Guardian put it, “It’s the best place to escape from the US.” According to the newspaper, factors such as safety and cost of living place Portugal in a more favorable position than the United States.

Portugal ranks 7th in the Global Peace Index 2024, while the US stands at 128th, “between Kenya and Ecuador.” The country offers universal and accessible public healthcare, a comparatively lower cost of living, robust anti-discrimination laws, and free movement within the EU. In 2023, Portugal recorded just 89 homicides nationwide, compared to 16,935 in the US.

However, despite the apparent simplicity of the process, buying property in Portugal involves legal specificities that must be carefully assessed especially by foreign purchasers. This article outlines the key legal aspects every international investor should understand before entering into a real estate transaction in Portugal.


1. Open access to the Portuguese property market

Portuguese law imposes no substantial restrictions on property purchases by foreign citizens. Whether the asset is residential, commercial, or land, non-residents enjoy the same property rights and protections as Portuguese nationals.

Credits: Supplied Image; Author: Client;

The only initial requirement is obtaining a Portuguese Tax Identification Number (NIF), which is mandatory for any economic activity, including property acquisition.


2. The importance of legal due diligence

Due diligence is arguably the most critical step in any property transaction. It ensures, among other things, that the property:

  • is correctly registered;
  • is free from liens, mortgages, or pending litigation;
  • complies with the required urban and construction permits;
  • has no municipal violations or illegal works;
  • carries no unpaid condominium fees or tax debts.

Although Portugal’s property registration system is highly reliable, this trust can sometimes lead foreign buyers to overlook necessary checks. Insufficient due diligence may result in delays, legal disputes, or significant financial loss.


3. The Promissory Contract (CPCV): a distinctive Portuguese practice

While not mandatory, the Promissory Contract of Purchase and Sale (CPCV) is widely used in the Portuguese real estate market. Through it, the parties can:

  • reserve the property;
  • establish conditions and deadlines;
  • define penalties for non-compliance;
  • agree on a deposit that reinforces the parties’ commitment.

Foreign buyers often require tailored clauses, such as extended deadlines for international fund transfers or conditions linked to foreign financing.


4. Deed and registration: when the purchase becomes final

Ownership only becomes legally effective upon signing the public deed or authenticated private document, executed before a lawyer, solicitor, or notary. The next step is registration at the Land Registry Office, which confirms the transfer of ownership in the eyes of the State.

Together, these stages offer a high level of legal security, contributing to Portugal’s reputation as one of Europe’s most transparent and reliable real estate systems.

Credits: Supplied Image; Author: Client;


5. Taxes and costs foreign buyers should expect

Property acquisition involves additional costs, including:

  • IMT (Property Transfer Tax)
  • Stamp Duty
  • Notary and registration fees

The exact amount depends on the property’s price, type, and intended use. Proper financial planning is essential to avoid surprises and accurately calculate the total investment.


6. Residence and investment: what has changed

Portugal became internationally known for its “Golden Visa” residency-by-investment programme. However, recent legislative changes mean that purchasing property no longer grants automatic access to the programme.

Nonetheless, foreign investors can still benefit from alternative visa routes, such as the D7 (passive income visa) or the D2 (entrepreneur visa), both of which are often combined with property acquisition. For many, buying real estate remains a strategic component of relocation, even if it is no longer a direct pathway to the Golden Visa.


7. Why specialised legal support is essential

Even though Portugal is considered a safe and transparent market, each transaction involves details that require professional analysis. A lawyer specialising in real estate law ensures:

  • full protection of the buyer’s interests;
  • comprehensive review of all documentation;
  • negotiation of fair and secure contractual terms;
  • representation in Portugal if the buyer is abroad;
  • prevention of risks, disputes, and unexpected liabilities.

Professional legal support is not an added expense, it is a crucial investment for anyone entering a foreign property market with confidence.


Conclusion

Portugal offers a rare combination of stability, transparency, and long-term real estate potential. For international investors, it remains one of Europe’s most appealing markets. Yet the legal complexity of property acquisition makes expert guidance indispensable.

With the right legal support, buying property in Portugal becomes not only safe, but also an excellent opportunity for investment and an enhanced quality of life.


https://mmt-legal.pt/