What to Check
Before Buying an
Apartment in Portugal.

It is easy to focus almost entirely on the apartment when viewing property in Portugal.

The light, layout, view, condition and location naturally attract most of the attention.

But when you buy an apartment, you are also becoming part of the condominium and acquiring an interest in the building's common areas.

That means the condition and finances of the building, decisions already taken by the condominium and potential future works can matter almost as much as what is behind the apartment's front door.

For international buyers unfamiliar with the Portuguese system, understanding both sides of the purchase before becoming committed can prevent expensive surprises later.

A viewing should go beyond deciding whether you like the property.

Look carefully at its general condition and, particularly with older or renovated apartments, pay attention to signs of damp, cracking, water damage, ageing plumbing or electrical installations, windows, insulation and previous alterations.

Ask when the property was renovated and what work was actually carried out.

A newly painted or refurbished interior does not necessarily tell you what lies behind the finishes.

Where the age, condition or history of the property makes it appropriate, an independent technical inspection can provide another level of information before you commit.

A technical inspection and legal due diligence serve different purposes. One should not be treated as a substitute for the other.

What you see at the viewing should correspond with the legal and property documentation.

Your lawyer should verify the ownership and registration of the property and review the relevant documentation before you become contractually committed.

Particular care may be appropriate where an apartment has been substantially altered, extended or reconfigured.

Enclosed balconies, changed layouts, converted storage areas, terraces, parking spaces and other alterations should not simply be assumed to form part of the property legally because they are being used by the current owner.

Where there is any discrepancy between the physical property and its documentation, it should be understood before signing the CPCV rather than afterwards.

Walk through the building as carefully as you walk through the apartment.

Look at the entrance, staircases, lifts, garage, roof areas where accessible, exterior walls and other common areas.

Signs of persistent damp, neglected maintenance or deterioration may point to work that the condominium will eventually have to address.

An attractive apartment inside a poorly maintained building can become an expensive ownership experience.

Ask when significant building works were last completed and whether further works are being discussed or planned.

Most apartment buildings operate through a condominium made up of the individual owners.

Before purchasing, you should understand how that condominium is functioning.

Useful questions include:

The regular monthly condominium charge is only part of the picture. A low monthly charge is not necessarily an advantage if the building has insufficient reserves for foreseeable maintenance.

The condominium meeting minutes, known as atas, can provide useful context that is not obvious during a viewing.

They record matters discussed and decisions taken by the owners and may reveal planned building works, extraordinary expenditure, maintenance problems, disputes and other issues relevant to a prospective buyer.

The objective is not to find a building in which nothing has ever gone wrong.

Buildings require maintenance.

The important question is whether you understand what has happened, what has already been decided and what financial commitments may be approaching.

Your lawyer can advise on which condominium documentation should be reviewed for the particular transaction.

Portuguese law provides an important mechanism when an apartment is sold.

For the transfer of an autonomous unit, the seller requests a written declaration from the condominium administrator setting out the condominium charges applicable to the unit, including their nature, amounts and payment dates, together with any existing debts.

The administrator has a maximum of 10 days to issue the declaration following the request.

The declaration is normally part of the documentation required for the transfer.

A buyer can expressly waive the declaration, but doing so can mean accepting responsibility for condominium debts owed by the seller.

For that reason, this is not paperwork I would treat casually.

Your lawyer should review the position before completion.

A seller being up to date with condominium payments does not necessarily mean that there are no future costs to consider.

The condominium may already have discussed or approved substantial works to the facade, roof, lifts, plumbing, garage or other common areas.

Depending on when condominium charges become due, costs arising after ownership transfers can become the responsibility of the new owner.

This is one reason the meeting minutes, current budget and information about planned works can be just as important as confirming whether the seller currently owes money.

If substantial expenditure is expected, understand the likely amount, timing and responsibility before committing to the purchase.

Portuguese condominiums are required to maintain a common reserve fund intended to contribute towards conservation expenditure on the building.

The existence of a reserve fund does not necessarily mean that it will be sufficient for every future project.

For a buyer, the useful questions are therefore not simply whether a reserve fund exists, but approximately what resources the condominium has available and what significant expenditure may be approaching.

A building facing major facade, roof or lift works with limited financial reserves deserves closer examination.

Technical property inspections are not always approached in Portugal in exactly the same way as surveys may be in countries such as the UK.

That does not mean a buyer cannot commission one.

For an older property, a heavily renovated apartment, a property showing signs of damp or cracking, or simply a purchase where greater technical certainty is wanted, an independent inspection can be worthwhile.

A suitable professional may be able to assess visible condition and identify matters that deserve further investigation.

I can help connect buyers with appropriate professionals from the wider network where required.

It is useful to keep these two processes separate.

A lawyer's legal due diligence can address matters such as ownership, registrations, documentation, charges, contractual issues and other legal aspects of the transaction.

A technical inspection considers the physical condition of the property.

A lawyer is not replacing a building inspector, and an inspector is not replacing a lawyer.

Depending on the property, a buyer may reasonably want both.

The CPCV, or Contrato-Promessa de Compra e Venda, is an important stage of many Portuguese property transactions.

It commonly involves the buyer paying a significant deposit and both parties assuming contractual obligations.

For that reason, important legal, condominium and technical questions should ideally be understood before the buyer becomes committed under the CPCV.

The appropriate checks and contractual protections depend on the individual transaction, so buyers should obtain advice from their lawyer before signing.

Before becoming committed to an apartment purchase, consider whether you understand:

You do not need to investigate all of this alone.

The purpose is to make sure the appropriate questions are being asked and the relevant professionals are involved before you become committed.

An apartment can look excellent in isolation while the wider building tells a different story.

Equally, an older building that has been responsibly maintained, with an active condominium and sensible planning for future works, may be a much more comfortable ownership proposition than appearances initially suggest.

The objective is not to eliminate every possible future expense.

Property ownership always involves maintenance.

The objective is to understand what you are buying as clearly as reasonably possible before you commit.

I work personally with international buyers looking for property in Portugal, helping them assess suitable properties, understand the questions that should be asked and navigate the purchase from the initial search through to completion.

Where specialist legal, technical, tax, mortgage or other professional advice is required, I can help connect buyers with the appropriate professionals rather than attempting to provide that advice myself.

You deal directly with me throughout, supported by the wider resources and expertise of The Agency Portugal.