Certificate of Habitability: a practical guide for property owners looking to sell

What is the certificate of habitability?

The certificate of habitability is an official document issued by the local council that proves the property is suitable for housing. It confirms that the construction complies with urban planning rules, building regulations, health and safety standards, and the architectural project approved by the municipality.

For anyone wishing to sell a property, having this document is not just advisable — it is legally required in almost all cases.

Is it mandatory to sell a house?

Yes, in almost all situations. According to Portuguese law, any property built after 1951 must have a certificate of habitability in order to be sold for residential purposes. Properties built before 1951 are exempt from this obligation but must have a certificate from the local council confirming their construction date.

Therefore, if the property was built after that year and does not have this certificate, it will not be possible to complete the sale legally, especially if the buyer needs a mortgage.

Why is this document so important for the sale?

Besides being a legal requirement, the certificate of habitability provides essential security for the buyer and the bank, if financing is involved. Without it:

• The deed of sale may not be completed.

• The mortgage may be denied by the bank.

• The property may be valued below its market value.

• The buyer may be exposed to future legal risks.

From a seller's perspective, having all documentation in order avoids delays, improves the property's credibility, and speeds up the sale process.

How to request or obtain a second copy?

If the document has been lost, it is possible to request a second copy from the technical department of the local council. You will need to provide the property's details — such as the address, land registry number and/or urban building permit — and submit an application for a certified copy.

In most cases, the document will be available within a few days to weeks, depending on the municipality’s workload.

What to do if the property does not have a certificate?

If the property does not have a certificate of habitability and is not covered by the pre-1951 exemption, it is necessary to begin the legalisation process. This may involve:

• Hiring a qualified architect or engineer.

• Submitting the as-built project to the municipality.

• Carrying out works to meet technical and safety requirements.

• Paying the applicable municipal fees.

This process can take several weeks or months, depending on the situation of the property. However, it is crucial for any owner intending to sell.

What support is available for sellers?

Many property owners feel overwhelmed by bureaucratic requirements. That’s why working with an experienced and professional team can make all the difference.

At Engel & Völkers, we help homeowners navigate every step of the sale — from verifying documents to dealing with buyers and coordinating with lawyers and notaries. If you’re unsure whether your home is ready for sale, our real estate consultants can provide a detailed assessment and indicate what needs to be regularised before putting it on the market.

In addition, our experienced local teams can assist with gathering the required documents, contacting the town hall and advising on the best strategy to sell at the right price and within the expected timeframe.

Frequently asked questions about the certificate of habitability

What is the certificate of habitability?

It’s a document issued by the local council that certifies the property meets all the legal, technical and safety conditions required to be used as a residence.

Can I sell a property without a certificate of habitability?

Generally, no. The certificate is required for the sale of residential properties. The only exception is for properties built before 1951, provided you present a council certificate confirming the date of construction.

How do I know if my property has the certificate?

You can check with the local town hall where the property is located. If it has already been issued, you can request a second copy. Otherwise, you’ll need to begin the legalisation process.

How long does it take to obtain the certificate?

It depends on the municipality and the condition of the property. If it's just a reissue of the certificate, the process is usually fast. If legalisation is required, it may take several weeks or months.

Can a buyer get a mortgage without this document?

No. Banks require the certificate of habitability to approve a home loan. Without it, the mortgage may be denied or the purchase delayed.

Who can help me with the process?

An experienced real estate consultant can assist with collecting the necessary documents, liaising with the town hall and managing the legal process. The Engel & Völkers team has extensive experience in these matters and is available to support homeowners across Portugal.