There is one important issue which must be looked into in some depth and this is the question of Habitation Licences, especially for older properties.
Recent changes in legislation have caused problems as to whether a Habitation Licence is required for a property, or not. A house either has a Habitation Licence OR it has a Certificate, issued by the Local Council/Camara, confirming that it does not require one. Only the Local Council/Camara can certify this situation. The requirement of Habitation Licences was introduced by Decree - Lei 38/382 dated 7th August 1951. Therefore houses built before that date are NOT required to have Habitation Licences.

As current building regulations become stricter Notaries were advised that they should request an updated Certificate from the Local Council/Camara, to ascertain that there are no unlicensed alterations to the propertie/s that is being sold. Historically the system had been badly abused in that the method of proving that a house did not require a Habitation Licence was flawed. Many people purchased houses that were still registered as old cottages, but which had in fact been improved/renovated and sometime completely rebuilt, without the proper licences. By not reporting the alterations to the local authorities the house documents would therefore only contain the original description, and the Notary would accept that an old cottage was being sold. A Certificate from the Tax Department stating that the house was inscribed before 1951 would have been accepted. 

The Certificate from the Tax Department should no longer be accepted, and it relies on the discretion of the Notary to accept a Certificate from the Tax Department, in the case of properties without reported alterations. However, for the purchaser's own security, a Certificate from the Local Council/Camara should always be obtained when the property does not have a habitation license. The method for obtaining a Certificate from the Local Council/Camara varies, but may well involve providing the following:

• Set of topographical plans
• Photographs
• Property documents
• Statement of two local witnesses.

However, if the Local Council/Camara Inspectors report that the building has been altered in a way that required a licence to be issued, a very long and bureaucratic process will have to start, in order to legalise such works. In this case the sale of the house will have to wait until the Habitation Licence is issued.