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habitation licence

Discussion in 'Portugal Property' started by elliott, Jul 31, 2008.

  1. elliott

    elliott New Member

    Hi,
    I want to sell a villa in Portugal. Problem being that it does not have a current habitation licence as my ex father in law built extensions and the local council will not approve them, though they have not told us to demolish. I have an interested purchaser in this country but they obviously want to know what the long term problems might be in having an out of date licence.
    Is it possible to sell without an up to date licence?
    What are the implications/problems for the purchaser and when do they meet them?

    Elliott
     
  2. omostra06

    omostra06 New Member

    In order to sell a house you do need to have a license of habitation, if you dont have one then the notary will not let the sale go through, however if you sell the house as a plot, just land. Then it does not need a habitation license, but the buyer will have imt to pay at around 6%.

    So the best/only way to sell as a house, will be to get the paperwork in order and get a license, it could be as quick as a couple of weeks or could take months. the buildings on the site will all have to be registered and made legal, then you will get a license, in order to get the buildings registered you may have to have some plans done and submitted or it could be easier and just need simple plans and area sizes re registering. it depends how big and what type of extentions have been built, it might also be the case that the local council will not allow the extentions due to overdevelopment of the site, or land type, e.g reserve.
    if the agree to register, there may be some back tax to pay, up to 4 years.

    it is something that comes up now and again, so it should not be hard to fix, if you can get the help of someone that can keep you right with the paperwork you should be able to put everything in order and sell it
     
  3. l.a.a.s

    l.a.a.s New Member

    Only if the the initial construction and the respective register is before 1951 you will not need the lisence of habitation ( licença de utilizaçaão)

    Best regards
     
  4. omostra06

    omostra06 New Member

    Yes, quite true, but if you dont need a licença de utilizaçaão because of the age of the property, you will still need an exemption certificate, before you sell.
     
  5. l.a.a.s

    l.a.a.s New Member

    yes ,just like you say , and that you get it from " camara " cityhall

    Best regards
     
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