PT Notaries & Deed Day: A Complete Guide 2025

PT Notaries & Deed Day: A Complete Guide 2025

Understanding the notary

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Meet Sofia and David: Their Journey to Portuguese Property Ownership

Sofia, a graphic designer from London, and David, an architect from Dublin, had long dreamt of a sun-drenched holiday home in Portugal. After months of searching with PortugalProperty.com, they found a charming villa near Tavira. They’d signed the Promissory Contract of Purchase and Sale (CPCV), paid their deposit, and now, the much-anticipated Deed Day was approaching. Nerves and excitement mingled as they prepared for the final step that would make them official homeowners in Portugal. Their lawyer had been guiding them, but the role of the notary and the specifics of the Escritura still felt a little opaque.

The Crucial Role of the Notary in Portugal

As Sofia and David learned, the notary (Notário or Notária) in Portugal is a highly qualified legal professional and public officer who plays an indispensable role in property transactions. Unlike a solicitor or lawyer who represents a specific party, the notary acts as an impartial and independent official of the state. Their primary responsibilities in a property purchase include:

  • Verifying Identities and Legal Capacities: The notary confirms the identities of all parties involved (buyers, sellers, and any legal representatives) and ensures they have the legal capacity to enter into the transaction.
  • Authenticating Documents: They meticulously check all legal documents related to the property, such as the land registry certificate (Certidão do Registo Predial), tax documents (Caderneta Predial), usage license (Licença de Utilização), and energy certificate. This ensures the property is legally sound and free from undisclosed encumbrances.
  • Witnessing and Certifying the Deed: The notary witnesses the signing of the public deed of sale (Escritura Pública de Compra e Venda) and officially records it, giving it legal force.
  • Ensuring Legality: They ensure the entire transaction complies with Portuguese law, explaining the legal implications of the deed to all parties involved, often with the assistance of translators if needed.
  • Collecting Taxes (Sometimes): While property transfer tax (IMT) and Stamp Duty (Imposto do Selo) are usually paid by the buyer before the deed signing, the notary verifies these payments have been made and may facilitate the collection of certain fees.

Sofia and David were reassured to understand that the notary’s role was to protect the interests of all parties and ensure the transaction’s complete legality and transparency.

Preparing for Deed Day (Escritura)

In the weeks leading up to Deed Day, Sofia and David, with their lawyer’s help, were busy. This preparation phase is critical. Key embedded guidance for this stage includes:

  • Finalising Funds: Ensuring all funds for the final payment, plus any outstanding taxes and fees, are cleared and available in their Portuguese bank account or ready for transfer as per the CPCV terms.
  • Document Checklist: Their lawyer confirmed all necessary documents were in order:
    • Their NIFs (Portuguese fiscal numbers) and identification (passports).
    • Proof of payment of IMT (Imposto Municipal sobre Transmissões Onerosas de Imóveis) and IS (Imposto do Selo). This is a crucial step, as the deed cannot be signed without these taxes being paid.
    • The original CPCV.
    • Any Power of Attorney documents, if one party couldn"t attend.
    • For the seller: property registration documents, tax booklet, usage license, energy certificate, and proof of payment of IMI (annual property tax).
  • Pre-Completion Inspection: Sofia and David arranged a final visit to the villa to ensure it was in the agreed condition, as stipulated in the CPCV.
  • Scheduling the Appointment: The notary appointment was scheduled at a time convenient for all parties – buyers, sellers, their respective legal representatives, and any bank representatives if a mortgage was involved.

Deed Day Unveiled: What Happens at the Notary’s Office

The day finally arrived. Sofia and David met their lawyer at the notary’s office, a formal but welcoming space. The seller and their representative were also present. Here’s an embedded description of what unfolded:

  1. Introductions and Document Verification: The notary began by formally identifying everyone present and reviewing all the original documents one last time.
  2. Reading of the Deed: The notary, or one of their officials, read the entire public deed of sale aloud. This document details the property, the agreed price, the parties involved, and confirms all legal and fiscal obligations have been met. If any party doesn’t understand Portuguese fluently, a translator (often arranged by the lawyer) will provide a simultaneous translation. Sofia and David listened intently as their lawyer had already explained the content to them.
  3. Clarifications and Questions: Parties have the opportunity to ask for clarifications on any points in the deed.
  4. Signing the Deed: Once everyone is satisfied, the buyers, sellers, and the notary sign the Escritura. This is the legally binding moment of transfer of ownership.
  5. Final Payment Confirmation: Proof of the final payment transfer (usually a bank-certified cheque or confirmed bank transfer) is typically presented at this stage, as agreed in the CPCV.
  6. Key Handover: With the deed signed and payment confirmed, the keys to their new villa were officially handed over to Sofia and David. A moment of pure joy!

After the Signature: Post-Deed Day Formalities

Though the villa was now theirs, a few crucial post-deed formalities remained, which their lawyer would handle:

  • Property Registration: The notary (or often the buyer’s lawyer) will ensure the change of ownership is officially registered at the Land Registry Office (Conservatória do Registo Predial). This is vital to protect the new owners’ rights.
  • Tax Office Notification: The local tax office (Finanças) must also be updated with the new ownership details for future IMI (annual property tax) assessments.
  • Utility Transfers: Sofia and David needed to arrange for utility contracts (water, electricity, gas) to be transferred into their names.

With the guidance of their legal team and the impartial oversight of the notary, Sofia and David’s journey to property ownership in Portugal was successfully completed. They were now proud owners of their Algarve retreat, ready to enjoy many sunny years ahead.

Buying in Portugal? Understand the notary & Deed Day (Escritura). Key for legal, transparent property transfer. #PortugalProperty #EscrituraGuide

For more information, contact us at info@portugalproperty.com

Published in: Guide to Portugal / Property