Public Deed of Property: Easy Guide to Buying a Home

Buying a home is a very important moment and can seem complicated if you’ve never been through the process. Among the various stages, the public deed of property is fundamental, as it is the official legal recognition of the purchase.

What is the public deed of property?

The public deed of property is an official document that proves that one person is selling a home and another is buying it. To complete this deed, the buyer, the seller and a professional called a notary (or a legal representative) must be present. This document is signed in the presence of the notary, who ensures that everything is correct and complies with the law.

Once the public deed of property is signed, the buyer becomes the legal owner of the property. Only from that moment is the purchase fully valid and secure.

How does the public deed process work when buying a home?

Before the deed, there is usually a promissory contract of purchase and sale (CPCV), where both parties express their intention to buy and sell. Then comes the mortgage phase, if you need a loan to buy the home. The mortgage is a type of bank loan linked to the property, which is only granted once the public deed has been signed.

On the day of the public deed, the process goes as follows: the buyer, the seller and the notary meet at an authorised location to formalise the transaction. If there is a mortgage, a bank representative will also be present to sign the loan agreement (a loan with mortgage). Only at that point does the bank release the money to the seller.

Documents required for the public deed of property

To complete the deed, you must gather several documents, such as:
 

These documents confirm that the property can be sold and that there are no legal issues.

Registration after the public deed

After signing the public deed of property, you must carry out the land registry. This step is essential to ensure the property is officially in your name. The registration can be done in person at the Land Registry Office, at Casa Pronta counters, or even online.

Without this registration, other people could still try to claim ownership of the property, so this step protects your rights as the new owner.

Costs involved in the public deed

Buying a home involves costs beyond the price of the property. For the public deed, you must consider:
 

These costs vary depending on the property’s value and location. It’s important to get well informed beforehand to avoid surprises.

Frequently Asked Questions

1) Is the public deed mandatory to buy a home?

Yes. For the purchase to be valid and legal, the public deed of property is mandatory in Portugal.

2) Can I sign the deed without using a mortgage?

Yes. The deed takes place whether the purchase is made in cash or with a mortgage.

3) What is a mortgage?

It is a loan granted by the bank to help you buy a home. The bank only releases the money after you sign the public deed.

4) What happens if I don’t register the property after the deed?

Without registration, the property is not officially in your name, which can lead to legal issues and allow others to claim ownership.

5) How long does the entire public deed process take?

Usually, the deed is scheduled after the CPCV is completed and the mortgage is approved. The process can vary, but it usually takes a few weeks until final registration.

Source: SUPERCASA