Barbara Queiróz
Head of Real Estate
A law firm can break down language barriers, explain real estate transactions, and help avoid common legal risks when buying property in Lisbon.
At a Glance: Four main benefits of hiring a lawyer
- Legal due diligence
- Drafting and reviewing contracts and documents
- Dispute resolution and legal representation
- Expertise in land use zoning and tax rules
We provide further information on each of these points below.
Legal Due diligence
When investing in the Portuguese real estate market, a real estate lawyer will provide due diligence services. Real estate lawyers in Lisbon can independently verify the land certificate, tax debts, and the land registration document, making sure you will face no tax debts or encumbrances from the previous owner and providing protection against illegal construction.
To do this, they’ll check if the property has a Land Registry Certificate (Certidão de Teor) to make sure the seller is the true owner and that there are no hidden debts or disputes. They also look at the Property Tax Record (Caderneta Predial Urbana) to ensure all taxes are paid up. They contact Lisbon’s City Hall to confirm that the property has all the building permits.
This detailed check-up ensures your property investments are safe and secure, regardless of whether you are targeting the Lisbon business district or neighboring areas.
Drafting and reviewing contracts and documents
Property lawyers can draft the legally binding Promissory Contract(Contrato Promessa de Compra e Venda or CPCV) and review the Final Deed to ensure everything is covered and you, the buyer, are protected. In the CPCV, they can clearly define the financial penalty should the property seller pull out of the agreement. They can also assist with language contract translations.
- The Promissory Contract of Purchase and Sale: The CPCV is a preliminary agreement between the property buyer and the seller. It outlines the terms of sale, property price, payment schedule, and other conditions the buyer must meet before they transfer the final payment.
- The Public Deed of Purchase and Sale: The Public Deed (Escritura Pública de Compra e Venda) is the final step in the property purchase process. After signing the contract, the buyer officially becomes the owner of the property. Both parties sign it before a Notary (Notário).
Dispute resolution and legal representation
A lawyer specialized in property law will negotiate and resolve disputes, which is often faster than trying to resolve them on your own. Lisbon lawyers can represent you in processes like arbitration or litigation, collect evidence, prepare a case, and advocate for your interests.
They specialize in Portuguese real estate investments for both commercial and residential purposes and are regulated by the Portuguese Bar Association. They can also assist with understanding co-ownership and condominium rules (Condomínio), if applicable to your property purchase.
Expertise in land use zoning and tax rules
A real estate lawyer in Lisbon will act as your strategic advisor in the buying process, making sure your purchase ticks all the legal boxes and is fully compliant with real estate law. They can assist with getting your NIF, advise on taxes you will need to pay at the time of purchase (IMI and Stamp Duty), and annual taxes (IMI).
Experienced lawyers will make sure you are aware of urban planning and zoning restrictions, such as the restrictions on getting an AL license for investors interested in Lisbon real estate investment short-term rentals.
Lawyers, together with real estate agents in Lisbon, can advise private investors on residential transactions and help to structure real estate bank financing.
Step-by-step: property buying guidance in Portugal
To purchase property with legal help, investors can:
- Hire a lawyer for independent legal advice.
- Obtain your Portuguese tax identification number (NIF).
- Lawyer conducts due diligence on the property.
- Sign the Promissory Contract (CPCV) and pay the deposit.
- Lawyer prepares for the final deed.
- Pay the final balance and applicable taxes.
- Sign the Public Deed before a Notary.
- The lawyer registers the deed at the Land Registry.
If you are wondering, “Can foreigners buy property in Lisbon without restrictions?” You’ll be pleased to know that you have the same rights as Portuguese citizens to purchase property. We recommend having a real estate agent in Portugal or a buyer’s agent by your side to guide you through the buying process.
Understanding Legal Fees and Structures
The cost of a real estate lawyer in Lisbon varies based on several factors, such as how complicated your property transaction is, the lawyer’s experience, and their fee structure (percentage, fixed, or hourly rate).
Most lawyers in Portugal charge a percentage-based fee based on the property’s purchase price. The average fee is 1 to 1.5 percent plus VAT (Value Added Tax), which is currently 23 percent in mainland Portugal.
Some law firms offer a fixed fee for a standard property transaction. This can range from €2,000 to €5,000, and sometimes higher, depending on the scope of work. This fee includes due diligence, contract review, and legal representation. However, it may not cover additional services like obtaining a Power of Attorney (Procuração), which may be billed separately.
In some situations, especially in time-consuming real estate investment cases, a law firm can charge an hourly rate of between €100 and €300.
| | | |
| 1–1.5 percent of the property price + 23 percent VAT | Full legal representation, due diligence, contract drafting/review, attendance at deed signing | Most common fee structure in Portugal |
| €2,000–€5,000+ (depending on complexity of the purchase) | Due diligence, contract review, representation, full legal service | Additional services (e.g., Power of Attorney) may cost extra |
| | Used for complex or time-intensive cases | Less common for standard purchases |
Many foreign investors face unique challenges when they buy Lisbon real estate for the first time. A property law firm in Lisbon, Portugal, offers a full spectrum of legal services tailored to the client’s needs. The table below can give you a detailed look at the services you can expect.
Buyer's Critical Risk (Pitfall) | Lawyer's Solution (The Essential Benefit) |
1. Hidden debts and title issues: Inheriting the seller's undisclosed financial debts and encumbrances. | Legal due diligence: Verifying legal title, ownership, and ensuring the property is completely free from mortgages or encumbrances. |
2. Zoning and usage restrictions: The property cannot be legally used for its intended purpose (e.g., restricted AL license). | Compliance and advisory: Checking urban planning regulations and advising on tax and usage restrictions from the Câmara Municipal de Lisboa. |
3. Contractual breach: Financial loss or litigation because the Promissory Contract (CPCV) lacks key protective clauses or penalties. | Contract drafting and negotiation: Drafting legally binding contracts and deeds that strictly protect the buyer's financial interests. |
4. Bureaucracy and language barrier: Slow, complex transactions due to foreign legal requirements, language gaps, and remote execution challenges. | Full transaction management: Overseeing all legal steps, using Power of Attorney (POA) for remote signing, and providing accurate legal translations. |
Are you asking yourself, “Where can I find property lawyers near me in Lisbon?” Or do you want to secure an excellent lawyer before you even arrive in Lisbon? At Goldcrest, we work exclusively as buyers’ agents, representing our clients’ interests throughout their property purchase in Portugal. However, while we do not provide legal services, we ensure our clients know important legal considerations and work closely with their chosen lawyer, or introduce them to a trusted Global Citizen Solutions lawyer who can guide them through the legal process.
Our residency and citizenship division, Global Citizen Solutions, is proud to be a member of Global Law Experts (GLE), giving our clients access to a global network of recognised legal professionals. They can provide you with quality legal advice from experts registered with the Portuguese Bar Association (Ordem dos Advogados).
Factors to consider when selecting the best real estate lawyers in Lisbon
Here are a few criteria to help you find the best real estate lawyer in Lisbon:
- Specialized expertise: Your best option is a lawyer who has been in the industry for at least five to ten years. Portuguese property law comes with complex challenges, which require a law firm with years of experience.
- Experience with international buyers: As a foreign investor, your needs are unique. The law firm must have a strong track record of foreigners investing in different areas in Lisbon, including the business district, residential neighborhoods, and rural areas.
- Referrals: The best recommendations often come from people you know. Talk to friends or family who have bought property in Portugal or invested in real estate assets. Their personal experiences can point you in the right direction.
- Client reviews: Visit the law firm’s website and social media. Read their success stories and find cases similar to yours.
- Clear costs: No one likes hidden costs. Be sure to have an open conversation with the lawyer about fees upfront, whether a fixed rate or an hourly charge. Knowing the costs from the start helps you budget effectively.
- A problem-solver: You need a proactive and resourceful lawyer who can quickly adapt and find solutions to any challenges that pop up.
- Effective communication: Your lawyer should be a great communicator, able to explain complex Portuguese regulations in a way that’s easy for you to understand. They can also speak with the property seller or developer on your behalf.
Checklist: What to ask a real estate lawyer
From their professional expertise in property transactions to experience working with domestic and international clients, the table below provides you with the essential questions to ask potential property attorneys in Lisbon, Portugal.
Essential questions to ask a real estate lawyer | |
What are your credentials? | Understanding the lawyer's qualifications, certifications, and education ensures competence and expertise in real estate law. |
How long have you been practicing real estate law? | Experience often correlates with knowledge and familiarity with various real estate scenarios and complexities, which can benefit your case. |
Do you have experience with international buyers? | Handling international transactions requires specific expertise due to varied laws and processes, ensuring the lawyer can navigate these complexities. |
What are your service fees? | Knowing the cost structure and fees upfront helps in budgeting and understanding the financial commitment associated with their services. |
What do your services include? | Understanding the scope of services provided ensures alignment with your needs and helps in assessing the lawyer's comprehensive assistance potential. |
While Lisbon is a top choice to consider snapping up your dream home, if Portugal’s second-largest city, Porto, is more to your taste, feel free to check out our article, Real Estate Lawyer Porto. Porto is a treasure trove of rich history, charming streets, and top riverside restaurants. The Portuguese real estate market has skyrocketed in Porto in recent years.
Book a complimentary call to discuss your options with our team of experts today
Goldcrest: How We Can Help You
Goldcrest is a buyer’s agent that is based in Lisbon. We provide expert, impartial advice on real estate investments and how to buy property in Portugal. From scouting out the perfect property through to property acquisition, we have you covered throughout the process.
If you are looking to purchase property in Portugal, don’t hesitate to get in touch. Our team of skilled experts is available to solve all your real estate doubts, helping you with the property search and offering insightful expertise and strategic advice.
Why choose Goldcrest?
- Local knowledge: With offices located across Portugal, our presence nationwide allows us to assist you personally across the country.
- Independent service: As an independent buying agent, we do not represent any development or project. Our service is entirely tailored toward each individual client, providing you with everything you need to secure the perfect property at the best possible price. As an impartial advisor on the market, we work solely on behalf of our client and provide a service tailored to your needs and requirements.
- Streamlined process: Our real estate agents speak English and Portuguese, and our service is completely focused on providing you with a hassle-free buying experience, saving you time.
- Experienced team: Our expert real estate team has a vast local knowledge of the Portuguese property market. We have cutting-edge technology and metasearch tools at your disposal to provide full market coverage, ensuring the best investment choices and negotiated prices.
- Network of partners: We have a close network of partners, including lawyers, property management services, builders, architects, designers, and landscape gardeners, again saving you time and hassle by providing you with trusted experts in their field of work.
An English-speaking property lawyer in Lisbon will cost you approximately €2,000-€5,000, depending on the law firm, type of property, price, and the complexities of the purchase.
You do not need a lawyer by law to buy property in Portugal, but hiring one is strongly recommended. A lawyer ensures the property has a clear title, abides by local laws, manages due diligence, and protects you from legal or financial risks during the purchase process.
In Lisbon, legal fees for selling a house typically range from one to two percent of the sale price, plus 23 percent VAT. Some attorneys may charge a fixed fee or an hourly rate, depending on the transaction’s complexity. These fees cover due diligence, review of the purchase contracts, including the CPCV (Contrato-Promessa de Compra e Venda), and legal representation.
The easiest way to secure the best real estate lawyer in Lisbon is by checking their experience working with international clients for Portuguese real estate. Referrals and testimonials can help you narrow down your search. Be sure that they have a transparent pricing structure and clear communication.
A Lisbon real estate lawyer assists with buying, selling, and renting property. They can handle legal disputes, conduct due diligence on the seller and property, negotiate contracts, and ensure compliance with Portuguese law. They can also help with property registration after the purchase, land use zoning, and protect their client throughout the process.
With no legal guidance, buyers in Portugal run the risk of fraud or overlooking key contract points. Some properties can come with hidden debts that then become the buyer’s responsibility, while contracts may have unfair terms. Your lawyer will also ensure that the seller has the right to sell. Legal assistance protects the buyer throughout the buying process and beyond, ensuring a safe and legally compliant transaction.
A real estate lawyer can help you calculate taxes and understand tax regulations, ensuring they are paid on time to avoid fines. They can also help with property registration post-purchase.