Real estate agent commission in Portugal

Portugal sets no legal commission rate. The fee is whatever the agency and its client agree in writing. But Law 15/2013 is strict about how that agreement is written, when the fee falls due and who may pay it. Here is how commission works in October 2026, and what is left for you after tax if you work as a self-employed consultant.

The short version

1. There is no legal rate or cap. BoaVenda put the usual sale commission at 4% to 5% in September 2026, within a 3% to 6% range.
2. 23% VAT is added on top. A 5% fee costs the seller 6.15% of the price.
3. Many agencies set a minimum fee, often around €6,000 plus VAT.
4. On sales the seller usually pays. On rentals the landlord usually pays one month’s rent plus VAT. On new builds the developer usually pays.
5. The fee must be set out in a written mediation contract, or the contract can be void.
6. The fee is due when the deal is concluded, or at the CPCV if the contract says so.
7. A firm cannot be paid by both its client and the other party in the same deal.
8. The consultant’s share is often 40% to 50% of the agency fee, before VAT, IRS and Social Security.

Usual rates

• BoaVenda (September 2026): 4% to 5% plus VAT is typical. Sought-after homes can go down to about 3%. Luxury, complex or niche properties can reach 6%. Central Lisbon, Porto, Cascais and the premium Algarve often close at 3.5% to 5%, while peripheral or lower-value homes can go to 5% to 6%.
• Ekonomista (September 2026): 2% to 6%, with 5% the rate most cited in the large networks.

BoaVenda says there is no official table: each agency sets its own rate, and it is always negotiable. It also found that exclusive contracts tend to carry rates 0.5 to 1 point lower than open ones.

Minimum fees. BoaVenda reports that many contracts include a minimum, for example €6,000 plus VAT. On homes up to €100,000 that pushes the effective rate to 5% to 7%. Fixed-fee agencies compete on this, usually charging €6,000 to €9,000 with VAT included.

VAT on the fee

Agency fees carry 23% VAT. BoaVenda’s formula is simple: price x rate x 1.23. On a “5%” quote, the seller pays 6.15% of the price. Law 15/2013 requires the mediation contract to state the VAT rate, so write “5% plus VAT at 23%” and give the client the total in euros.

Who pays

• Sale: the seller, who signed the mediation contract, pays.
• Rental: usually one month’s rent plus VAT, paid by the landlord (BoaVenda).
• New build: the developer usually pays 3% to 5%, and the buyer pays no mediation fee (BoaVenda).

No double dipping. Law 15/2013 bars a mediation firm from being paid by both its client and the other party in the same deal. If you act for the seller, you cannot also bill the buyer.

Buyer’s money. Any money the agency receives from a buyer before the CPCV is held in custody and must be returned on request. It is not your fee.

The mediation contract

Your contract with the seller is the contrato de mediação imobiliária. Law 15/2013 requires it to be in writing and to state:

• The property and any charges on it, and the deal sought (sale, rental, price).
• The fee, as a fixed amount or a percentage, how it is paid and the VAT rate.
• The agency’s insurance policy.
• Any angariador involved and any extra services.
• Whether it is exclusive, and what exclusivity means.

If no term is set, the contract lasts six months. Standard-form contracts must first be validated by the consumer authority, the Direção-Geral do Consumidor. A contract missing the required elements is void, although only the client can invoke that. Every contract and advert must also show the agency’s name and AMI number.

BoaVenda suggests exclusive terms of 3 to 6 months rather than 12, with an exit if performance is weak. Expect sellers who have read it to ask.

When the fee is due

Under Law 15/2013, the fee falls due when the deal is concluded, usually at the deed. If the contract says so, it can fall due when the CPCV is signed. Under exclusivity, the agency is also paid if the deal fails through the owner’s fault. Write the trigger clearly, and remember that a CPCV can still fall through: Literacia Financeira explains that a buyer who walks away loses the deposit, and a seller who defaults pays it back double.

Splits between agencies and with the consultant

Between agencies. No law sets how two agencies share a fee on a joint sale. Put the split, the payment date and who invoices whom in writing before you show the property.

Between the agency and you. Ekonomista put the usual consultant share at 40% to 50% of the agency fee in September 2026, depending on the model. It falls when a deal is shared. In the Postal example from September 2026, a consultant who sold a €250,000 house at 5% kept €3,125 of the €12,500 fee, about 25%.

Indeed’s page for consultor imobiliário (314 salaries, updated 16 October 2026) shows an average of about €2,890 a month, with most between €1,079 and €7,739. These are self-reported, not official. ECO’s figures for the five largest networks work out at about 5.2 transactions per consultant in 2025, so a few deals make or break your year.

Worked examples

These use example rates only. Your mediation contract and your agency agreement decide.

Apartment in Lisbon, €400,000, seller pays 5% plus VAT. Fee: 400,000 x 5% = €20,000. VAT: 20,000 x 23% = €4,600. The seller pays €24,600. With a 45% consultant share, you receive 20,000 x 45% = €9,000 (before your own VAT, IRS and Social Security).

House sold for €250,000, seller pays 5% plus VAT (the Postal example). Fee: €12,500 plus €2,875 VAT. Consultant’s share in that case: €3,125.

Villa in the Algarve, €1,200,000, seller pays 4% plus VAT, shared 50/50 with a buyer’s agency. Fee: €48,000 plus €11,040 VAT. Each agency gets €24,000 net of VAT.

Flat in Setúbal, €90,000, minimum fee €6,000 plus VAT. The seller pays €6,000 + €1,380 VAT = €7,380, an effective rate of 6.7% before VAT.

Long-term rental in Porto, €1,400 a month, one month’s fee. The landlord pays €1,400 + €322 VAT = €1,722.

Tax and Social Security for a self-employed consultant

Most consultants work on recibos verdes and invoice the agency for their share. CRN Contabilidade and Ekonomista set out the 2026 rules:

• VAT. You charge 23% on your receipts (22% in Madeira, 16% in the Azores) and pay it over to the Tax Authority, minus VAT on your business costs. Small earners can be exempt under Article 53 of the VAT Code if their turnover in the previous year stayed under €15,000. Exceeding it by more than 25% ends the exemption at once.
• IRS (income tax). Your income is category B. Under the simplified regime, tax is charged on a share of your income set by a coefficient: 0.75 for professions on the Article 151 list and 0.35 for other services, which can be reduced in the first years of activity under some conditions. Withholding is 23% for Article 151 professions and 11.5% for other category B income, as an advance on your final bill. Ask an accountant which activity code and coefficient apply to you.
• Social Security. You pay 21.4% on a relevant income equal to 70% of the service income you declare each quarter. Enrolment normally takes effect from the 12th month after you start, so the first year is contribution-free.

Item	2026 rule
VAT on your receipts	23% (mainland), unless exempt under Article 53
Article 53 threshold	€15,000 of turnover in the previous year
IRS simplified coefficient	0.75 (Article 151 list) or 0.35 (other services)
IRS withholding	23% (Article 151 list) or 11.5% (other category B)
Social Security	21.4% of 70% of quarterly service income

Sources: CRN Contabilidade (September 2026) and Ekonomista (March 2026).

Example. In your second year you receive €40,000 in commission shares, plus €9,200 VAT that you pass on to the state. Social Security: 40,000 x 70% x 21.4% = about €5,992 for the year, paid quarterly. Your IRS depends on your coefficient and your other income, so ask an accountant before you sign your first receipt.

Practical points at completion

• Agencies are covered by anti-money laundering Law 83/2017. Identify every client, take the fee by bank transfer against an invoice, never in cash, and make sure the sale goes into the agency’s quarterly report to IMPIC.
• Invoice the seller with payment due on the day of the deed, or at the CPCV if the contract says so.
• Check that the seller’s net proceeds, after paying off any mortgage, still cover your fee.

What to check before you work a deal

• A signed mediation contract with the rate, VAT rate, insurance policy, term and exclusivity.
• The fee trigger: deed or CPCV.
• That you are not billing both sides.
• A written split agreement with any other agency.
• Your own agency agreement: share, targets, payment date and deals that close after you leave.
• The agency’s AMI number on the contract and every advert.

Commission in Portugal is set by the market, not by law, but the contract that sets it is regulated. This guide was checked on the date shown above. It is general information, not legal or tax advice. CloserPass is not affiliated with IMPIC, any authority or any agency.

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