Escritura Portugal — The Final Property Deed Explained

What is the escritura in a Portuguese property purchase?

The escritura pública (escritura pública de compra e venda) is the public deed of purchase and sale, executed before a Portuguese notary. It is the legal moment at which ownership of the property transfers from the seller to the buyer. The escritura is required for the transfer to be effective and registrable.

As an alternative, the parties can use a Documento Particular Autenticado (DPA) — a privately drafted deed authenticated by a lawyer, solicitor, notary, or other authorised professional. The DPA has the same legal effect as the escritura pública. In practice, traditional escritura at a notary remains the dominant route for residential property.

Who attends the escritura and what they do

• The notary — reads the deed in Portuguese, verifies the identity of the parties, confirms that taxes have been paid and required documents are present, executes the deed.
• The seller (or attorney-in-fact via POA) — signs the deed, receives the balance of the purchase price.
• The buyer (or attorney-in-fact via POA) — signs the deed, transfers the balance of the purchase price.
• The mortgage bank (if financed) — signs the mortgage deed at the same time, releases the loan funds.
• The buyer's lawyer — verifies the deed reflects the CPCV, confirms tax receipts, ensures correct transfer of funds.
• Translators or interpreters — if a party does not speak Portuguese, a recognised translator should be present unless the party signs via POA executed in Portuguese.

What must be ready before the day of the escritura

• IMT payment guide settled and receipt obtained.
• Stamp duty (Imposto do Selo) settled and receipt obtained.
• Notary fees provisioned and ready to pay.
• Balance of the purchase price ready to transfer to the seller (typically via bank cheque or wire transfer).
• Identification documents — passport, NIF, residency proof where applicable.
• If using POA — original POA with apostille and certified translation, in Portugal in advance.
• Due diligence complete — title, charges, license, condominium status verified.
• CPCV conditions precedent satisfied.
• Energy certificate, ficha técnica de habitação, habitation license — provided by seller.
• Mortgage deed coordinated, if applicable.
• Existing seller mortgage discharge document (distrate de hipoteca) if applicable.

What happens on the day of the escritura

1. Arrival at the notary. The parties (or attorneys-in-fact) and their lawyers arrive at the notary's office. The buyer's lawyer reviews the prepared deed text and tax receipts.
2. Reading of the deed. The notary reads the deed aloud in Portuguese. Translators present if needed.
3. Confirmation. The parties confirm understanding and acceptance of the terms.
4. Payment. The buyer transfers the balance of the purchase price to the seller — typically via bank cheque handed over at the notary, or wire transfer confirmed in advance.
5. Signature. All parties sign the deed.
6. Mortgage deed. If financed, the mortgage deed is signed in parallel by the bank, the buyer, and the notary.
7. Issue of certified copy. The notary issues a certified copy of the escritura to the buyer.
8. Notary fees paid. Notary fees are paid at the conclusion.

After the escritura — registration

The escritura itself transfers ownership, but the new owner is not formally protected against third parties until the deed is registered at the Conservatória do Registo Predial. Registration is typically arranged by the buyer's lawyer immediately after the escritura, with fees of EUR 250–500.

Post-completion tasks for the buyer:

• Register the new ownership at the Conservatória do Registo Predial.
• Update the Caderneta Predial with Finanças.
• Register for IMI in the new owner's name.
• Transfer utilities (water, electricity, gas, internet) to the new owner.
• Notify the condominium administrator of the change of ownership.
• Arrange property insurance.
• If Alojamento Local is intended — initiate AL registration.

Completing remotely via Power of Attorney

Foreign buyers who are not in Portugal on the day can complete the escritura via a Power of Attorney granted to a representative — usually their lawyer.

The POA must be:

• Drafted to Portuguese requirements — your Portuguese lawyer drafts the text, not the home-country notary.
• Signed before a notary in your home country, with the notary's certification.
• Apostilled (Hague Apostille countries) or consular-legalised (non-Hague countries).
• Translated into Portuguese by a certified translator if originally in another language.
• In Portugal in advance of the escritura date — last-minute POA arrival is a common cause of escritura postponement.

A defective POA is one of the most common reasons an escritura fails on the day. The cost of getting the POA right is a fraction of the cost of postponing the escritura at short notice.