buyer's Guide

Land Ownership in Portugal

Before buying property in Portugal you must understand ownership. This guide explains ownership types, taxes and legal implications. Foreigners can buy and sell properties in Portugal.
Portugal has several types of ownership and before signing any purchase contract your lawyer must confirm the type of ownership you are getting into.

buyer's Guide

Understanding Property Ownership in Portugal

Understanding property ownership in Portugal is essential before purchasing real estate. This guide explains ownership types, taxes, and legal aspects. Foreigners are free to purchase and resell properties in Portugal.

Portugal offers several types of ownership, and before signing any purchase contract, it is important your legal representative confirm the type of ownership you are getting into.

Types of ownership

Freehold Ownership (propriedade exclusiva)

Freehold ownership, also known as “propriedade exclusiva” in Portuguese, is the most common type of ownership in Portugal. It gives the owner full control and possession of the property, to use, sell or transfer as they wish. Freehold ownership is usually associated with a property purchase where the buyer buys the property outright and becomes the sole owner. As a freehold owner you will be responsible for paying property taxes, including the municipal property tax (IMI) and the property purchase tax (IMT). Be aware that freehold ownership can be affected by third party rights, such as easements or mortgages which may limit the owner’s control over the property.

Timeshare Ownership

Leasehold is when the owner holds the right to use and enjoy the property, but the land itself is owned by someone else.

Usufruct (usufruto)

Usufruct gives someone the right to use and derive an income from a property that belongs to another person. It can be either temporary or for the lifetime of the usufructuary.

Co-ownership (compropriedade)

Co-ownership involves two or more individuals jointly owning a property. Each of the owners will have a share of the property, and decisions related to the property will usually require the agreement of all co-owners.

Horizontal property
(propriedade horizontal)

Horizontal property is commonly associated with condominiums or apartment buildings. In this case, you would own your private living spaces while sharing ownership of the common areas and facilities.

Taxes related to property ownership

Business professional reviewing property tax documents with financial charts, related to real estate ownership in Portugal.

Annual property tax (council tax)

The IMI is an annual tax based on the tax value of the property (not the purchasing value). The tax rate ranges from 0.3% to 0.8% for urban properties and 0.8% for rusting properties. For existing properties, you will inherit the tax value from the previous owner. For new builds, the annual IMI will be provided by the tax authorities at a later stage, but the above should allow you to make a fair assumption.

Additional Annual Wealth Property Tax (AIMI)

This is an additional annual municipal property tax. It is levied on the combined fiscal value (and not the sale value!) of all residential properties owned by a tax payer and worth above 600,000 euros as of the 1st of January of each year. There are 3 levels: 0.7% on properties valued between 600,000 euros and 1 million euros. 1% on properties between 1 and 2M. 1.5% if the total is over 2M.

Rental income tax

The applicable tax will vary whether you are resident or nonresident. Nonresidents will pay a flat 25% on their income revenues, whereas residents will fall under the taxable brackets and will be taxed as income. In both cases, some expenses will be deductibles.