New Requirements for Real Estate Sale and Purchase Deeds from 1 October 2026

October brings new requirements for sellers and purchasers of real estate, following the approval of Decree-Law No. 108/2026, of 29 May, which amended the legal framework governing the licensing of urban development operations, the Legal Framework for Urban Development and Building (RJUE), and the Legal Framework for Urban Rehabilitation. Although the Decree-Law was originally due to enter into force at an earlier date, Decree-Law No. 155-B/2026, of 31 July, subsequently postponed its entry into force.

As a result of these amendments, in addition to the documents and information ordinarily required for the execution of a Public Deed for the Sale and Purchase of Real Estate, a new element will now be required where the transaction concerns the transfer of land intended for urban construction, a completed building or a building under construction, or an autonomous unit thereof, namely a reference to the status of the property's urban planning title.

It is important to note that this concept does not necessarily correspond to an occupancy licence or occupancy permit. Rather, it refers to the document evidencing, from a legal standpoint, the status of the relevant urban development operation or the authorised use of the property under the RJUE. The relevant title is automatically transferred with the property to its new owner.

It should also be noted that, under the newly approved legislation, the actual production of the title at the time of execution of the Deed is not, in itself, mandatory. The transferor has three alternatives available under the new wording of Article 4-A(14) of the RJUE:

1. The Transferor produces the urban planning title, in which case reference must be made to it;
2. The Transferor declares that it holds the title but does not produce it; or
3. The Transferor declares that it does not hold an urban planning title.

None of these alternatives is, in itself, subject to a legal sanction. The statutory consequence, the voidability of the transaction, applies only where none of the above references is included. Accordingly, even where the owner does not hold the relevant urban planning title, the property may still be validly transferred.

With these and other legislative changes, the preparation and execution of a real estate deed now require increased attention to the applicable legal, documentary and planning requirements. Specialist legal advice therefore plays an increasingly important role in preventing risks, delays and future contingencies. VPA's team is prepared to assist both private clients and businesses throughout every stage of the transaction, ensuring a preventive, rigorous and case-specific approach.