The notary

You cannot become the lawful owner of a property without engaging the services of a notary. For your purchase to be legally binding, the title deed must be signed by all parties in the presence of a notary, who then legalises the document with their own signature and formal stamp.

What are the key functions of a notary?

Ensuring a contract and its implications are properly understood by all parties; that the contents are valid and lawful; that any agreed monies change hands accordingly; and that any taxes related to the contract are collected. Notaries are highly trained lawyers qualified to draft and legalise a range of private contracts within the Portuguese legal system.

Who does the notary represent?

Neither the vendor nor the buyer. Their status equates to that of a public official, and they collect taxes on behalf of the state. Importantly, they will not carry out the level of due diligence and searches on a property that your own lawyer should.

How much are the fees?

Notary fees are regulated and typically fall between €500 and €1,000 depending on the property, excluding land registry fees.

What if I do not speak Portuguese?

Notaries can insist on translators, or translated copies, being present when non-Portuguese-speaking clients sign a title deed.

How do I choose one?

Most towns and resorts have at least one resident notary. Your lawyer will have a good working relationship with one or two, so be guided by them. Your lawyer will come with you on completion day — or, if you have granted power of attorney, handle it on your behalf.