Tips for home buyers

[OrkneytoPortugal]

Originally Posted by omostra06

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Energy Certificate
A new requirment from Jan 09, a certificate that is prepared by an Engineer to give a detailed report on the property.

The problem is - who and where are these engineers? And is it REALLY necessary to have an energy certificate for a ruin in a field?

[omostra06]

Originally Posted by OrkneytoPortugal

The problem is - who and where are these engineers? And is it REALLY necessary to have an energy certificate for a ruin in a field?

Hi welcome back to the forum.

As you are an estate agent you should have already been contacted by several engineers offering you thier services for your clients, but i can give you some contact details for registered engineers if you want.


when you sell a house, the owner will ask you to sort it out for them!

you can also learn more here.
:: ADENE - Agência para a Energia :: Homepage

[omostra06]

Just a little extra information for anyone looking at buying a property in Portugal.

If you want to find a registered estate agent, take a look at the INCI website, you can search for registered agents under the location, or if you have found an agent you can check the details of the agent by putting the agents AMI number into the website and search for them, the results will tell you if the agent is legal, registered and has upto date insurance, as well as giving you contact details and thier address. The AMI number for the agent can be found on thier website, advert etc, it has to be displayed on all the agents publications.

This link will take you to the correct page to check an agents details,
Consulta

this picture shows you what to expect and what to do to check.

[ofilha]

[quote=omostra06;130604]Just a little extra information for anyone looking at buying a property in Portugal.

If you want to find a registered estate agent, take a look at the INCI website, you can search for registered agents under the location, or if you have found an agent you can check the details of the agent by putting the agents AMI number into the website and search for them, the results will tell you if the agent is legal, registered and has upto date insurance, as well as giving you contact details and thier address. The AMI number for the agent can be found on thier website, advert etc, it has to be displayed on all the agents publications.

This link will take you to the correct page to check an agents details,
Consulta

this picture shows you what to expect and what to do to check.

This is all great stuff. Thanks you all for the information.

[omostra06]

Getting mains electricity connected to a property in Portugal can be a straight forward procedure, though it can also be a minefield if you do not do the correct research before buying a property without a mains electricity supply.

Like some other European countries Portugal has differing categories of electricity supply, each with differing rules governing the connection - Agricultural Electricity; Building Work Electricity; Domestic Electricity and Commercial Electricity.

Unfortunately getting a mains electricity supply connected is not as simple as making a telephone call, as some websites and estate agents will tell you. Many people have fallen into this trap of purchasing a property without a mains electricity supply on the word of the agent ensuring them it is easy to get connected, only to find two years later they still have no electricity supply.

The Portuguese government, in conjunction with EDP, (Energias de Portugal), have implemented rules governing the new connections of mains electricity to private, habitations as well as commercial properties to ensure all safety regulations are met.

If a property (habitation) has never had a mains electricity supply and is deemed to be in a sub habitable condition, then the electricity supply will not be connected until the property matches the correct criteria.

In the case of ruins and ruined property, this will mean submitting a planning application to the local council to make the structural repairs necessary bringing the property up to a habitable condition. This includes a full new electrical system, installation of water inlet and egress pipes, creation of a septic tank, wiring for telephone and broadband capabilities and installation of pipe work for mains gas as well as any structural work which needs to be carried out.

All of which collectively must meet the building regulations standard laid down by the government. Only after all of this is done, the work approved and the electricity system has been installed and signed off by a registered electrician will the electric company give a connection with a definitive electric metre.

Another key point to take into consideration is the distance the nearest electrical post is from the property as this can be prove costly. Electrical posts are at most sited 100 metres apart and although you can get the electric metre sited at the edge of your boundary bringing the supply to it can be expensive. To have a post installed by the electric company will cost around 1,000 euros per post. If the nearest post is on the opposite side of the road from your property you will have to have a new post installed to ensure there is enough clearance room beneath for high sided vehicles to pass beneath.

However if a property has already had an electrical supply then the procedure is much less involved although can sometimes mean the installation of a new consumer unit by a registered electrician.

If the electric supply is current then it is simply a matter of visiting the main office of EDP (Energias de Portugal) to sign up to a new contract. You will need your identity documents and your fiscal card as well as some proof you are the new owner of the property (ideally a copy of the Escritura). Then the staff within the office will create a new contract for you with a start date for the electricity supply to be changed into your name. When visiting EDP it is advisable to read the existing metre as this will speed up the process.

Once you have signed the contract you can elect whether to have the electricity bills paid by direct debit with the bills being sent to your Portuguese address. However EDP have also introduced an online billing procedure which can be useful if your property is a holiday home.

[omostra06]

Portugal has some of the strictest planning laws in Europe. These laws have been introduced for the following reasons: to ensure sustainable development, enhance and protect the green open spaces. The Portuguese government in keeping a strict control on planning hopes to guarantee these spaces are not littered with ugly, water draining urban developments like their neighbour, Spain.
Attaining planning permission (project) can be a time consuming affair in Portugal and it is not unusual for this process to take up to a year or more to be passed. Once you have selected the architect you wish to use and have an idea of the design of building you wish to build, the process should be relatively straightforward.

Whereas planning permission in the United Kingdom usually takes six weeks to process, in Portugal the procedure is much, much longer. In Portugal a project, or planning permission, once submitted in full to the Council, could take from six months to one year to pass.

However despite the lengthy time period it takes for planning permission to be passed in Portugal, it is always advisable to complete a renovation, rebuild or restoration project within the lines of the law.

If you are tempted to start renovating, reconstructing or rebuilding a property without the correct planning permissions or licenses, you could find yourself left with an illegal property which has no value or you could be fined heavily by the council.

Planning permission (Projecto) in Portugal is a two fold procedure and it is best to work with an accredited architect and engineer. There are technical artists who will be able to draw a set of plans for you, however unlike an architect who has trained for seven years, they may not be familiar with the latest laws governing new builds or restoration projects.

The first stage of planning is called the Projecto de Arquitectura (Architectural Project) is a comprehensive brief including architectural drawings, topographical survey and list of materials to be used. This is submitted to the Câmara first for approval.

The second stage of any planning procedure in Portugal is the Projecto de Especialiada (Specialities Project). This part of the project covers the engineering required to complete the build, information on septic waste removal, water and so on and is usually compiled in conjunction with an engineer.

Once both the Projecto de Arquitectura and Projecto de Especialiada have been approved by the council you can with your builder pick up the Licença de Obras (License of Work) from the Câmara.

[omostra06]

We have been contacted recently by an overseas buyer that has bought a property here in Portugal, the agent told her that she didn’t need to employ the services of a Lawyer, she didn’t and now has major problems as the property she bought has a new road planned to pass straight through it.

Had she employed a Lawyer then she would have been made aware of this huge problem before she bought the property.

The agent in question failed to inform her of this new road, even although he would have been fully aware of it and by him ensuring that she did not have independent legal advice, he made sure she was kept in the dark until after she had bought.

Anyone looking at property here in Portugal. ALWAYS use an INDEPENDANT Lawyer.
Avoid costly mistakes!

[omostra06]

Hearing a few stories of people paying the deposit on a property directly to the Estate Agent, this is not normal proceedure and can lead to problems.

All deposit money (normally 10%) should go directly to the owner or to your Lawyer if they have a power of attorney to sign and pay on your behalf.

Estate Agents in Portugal are not allowed to recieve or hold a deposit for a property, despite what some may tell you.

The deposit should only be paid at the time of signing your prommessa contract.

An estate agent can not sign a promessa contract for you!

Be safe and do it right to avoid problems.

[Antonina]

[ house and any poteQUOTE=omostra06;102953]Anyone thinking of buying a property in Portugal and want to know your way around the paperwork, here are a few pointers that may help you avoid problems.


In the old urban cardenetas(deeds) if it is a house for habitation it will be written Casa de Habitacao.
If is a new type cardeneta (deeds) there is one part which says Afectacao: (Here will be written) Habitacao.

If it is garage it will say garagem.
If it is for storage building it will say Arrumos.
If it is a warehouse it will say armazem.
If it is for commercial use it will say comercial.
If it is an old oil press factory it will say lagar.

The most important thing on a deed, old or new, is if it doesnºt say casa de habitacao or habitacao then it is not a building for living in.

it is possible to buy any of these types of properties and live in them should you choose to. However it will never be a legal house and if you came to sell it you would not be able to sell it as antial buyer would not be able to secure a mortgage on it. unless you carry out a project to allow change of use.

Before you purchase any property in Portugal is it essential to ensure all the relevant documentation is up to date and present for the Escritura.
Cardeneta Predial
This is a document (obtained from the Fiscal department of the Finanças) detailing the property's size, location, boundaries and a brief description. In some cases there maybe a drawing outlining the plot size and buildings.

Certidão de Teor
Is a document showing if there are any outstanding debts on the property and if the property is registered in the seller's name. some times it can take a while for debts to be logged and it is advisable to instruct your solicitor to check with the Conservatória do Registo Predial (land registry office) on the day of completion to ensure the property is free from debt.

Proof of Payment of IMT
To complete a purchase of a property in Portugal you will need to provide proof of payment of IMT (for properties with a sale value above 87,500€) to the notary.

Identification documents
Both the buyer and seller must be able to produce identification documents (identity card and/or passport) as well as their tax numbers for the Escritura in Portugal.

Licença de Habitação
Any property constructed as a habitable dwellings after 17th August 1951 must have a Licença de Habitação (habitation licence). Properties intended as habitable dwellings constructed prior to 1951 must have a certificate from the local Câmara indicating this.

Ficha Technica de Habitação
Houses built or altered after 1 January 2003 in Portugal are required by law to have a Ficha Technica de Habitação. This document contains information about the property including builder details, materials used and so on.

Energy Certificate
A new requirment from Jan 09, a certificate that is prepared by an Engineer to give a detailed report on the property.[/QUOTE]

[omostra06]

Hi welcome to the forum, if you need any advice just ask.