The rules you follow every day in Portugal

Portugal’s rules for agents are written down in a few laws, and IMPIC checks them. Most problems come from a weak contract, an advert without the licence number or energy class, a client nobody identified, or cash. This lesson turns the rules into daily habits.

1. Sign the mediation contract first

Your contract with the owner is the contrato de mediação imobiliária. Article 16 of Law 15/2013 says it must be in writing and must state:

• The property, including all charges on it (mortgages, liens).
• The deal you are mediating: sale, rental, exchange and so on.
• The fee, as a fixed sum or a percentage, how it is paid and the VAT rate.
• The agency’s insurance details.
• The consultant involved, if any.
• Any extra services, listed one by one.
• Any exclusivity clause and what it means.

If no duration is written, the contract lasts six months. A contract that breaks these rules is void, and the agency cannot use that against the client. Most agencies use the official model from Ordinance 228/2018, which idealista notes must include data protection wording (Imojuris, idealista).

When is the fee due? Article 19 says:

• When the deal is concluded, as a rule.
• At the promissory contract (CPCV), if the mediation contract says so.
• With exclusivity, also when the deal fails through the owner’s fault.
• If your client is a buyer or tenant, you may take an advance only if the contract allows it, and you must refund it if the deal does not happen.

Your duties to clients (article 17) include checking that the parties have the capacity and the right to sign, checking the property’s charges and features, and telling clients quickly about anything that puts the deal at risk.

2. Keep your adverts clean

• Licence number. The agency’s name and AMI number on every advert, post and listing (article 13).
• Energy class. DECO PROteste explains that the energy certificate is required as soon as a home is put on the market for sale or rent, and that advertising it without the energy class is fined. Fines run from €250 to €3,740 for individuals and €2,500 to €44,890 for companies.
• No visa promises. The golden visa no longer covers property (lesson 5).

3. Know your client (Law 83/2017)

Law 83/2017 lists anyone carrying out real estate activity, including mediation, as an obliged entity. IMPIC supervises the sector under Regulation 603/2021. Its FAQ sets out the duties:

1. Identify every client, and the beneficial owner of a company, before you start the relationship. In mediation that means when the mediation contract is signed, and always before any CPCV or deed. Law 83/2017 also requires checks on occasional transactions of €15,000 or more, and whenever you suspect anything, whatever the amount.
2. Understand the purpose of the deal and, where the risk calls for it, where the money comes from.
3. Keep records of your checks for 7 years.
4. Report suspicions at once to the DCIAP (the public prosecutor’s central department) and the UIF (the financial intelligence unit of the judicial police), without warning the client.
5. Report every deal to IMPIC each quarter: Q1 by 30 June, Q2 by 30 September, Q3 by 31 December, Q4 by 31 March. Leases are reported when the rent is €2,500 a month or more.
6. Train staff and name a compliance officer (RCN). New staff with AML tasks are trained right after joining.

The stakes are high. Abreu Advogados’ 2024 summary gives fines for failing to report of €5,000 to €1,000,000 for a company, and up to €5 million for general breaches, or twice the benefit if higher. Ask your agency for its written procedure and the name of its RCN.

4. No cash above the limit

Article 63-E of the General Tax Law bans paying or receiving €3,000 or more in cash, or €10,000 for non-resident individuals not acting as a business (Postal, citing Banco de Portugal, July 2026). Splitting a payment to get under the limit is a bad idea. Take your fee by bank transfer, against an invoice or receipt, every time.

5. Protect personal data

You collect IDs, tax numbers, payslips and bank details. The EU GDPR applies, and Law 58/2019 puts it into Portuguese law, with the CNPD as the supervisor (Garrigues). In practice:

• Collect only what the deal needs, and say why.
• Never send ID copies over open group chats.
• Delete or archive files when the legal retention period ends, remembering the 7 years for AML records.

6. Know the property papers

Before you publish, ask the owner for:

Document	What it shows	Where
Caderneta predial	Tax record: matrix article, taxable value (VPT), areas, owners	Portal das Finanças, free online
Certidão permanente	Land registry: legal owner, mortgages, seizures	Online, about €15
Certificado energético	Energy class, valid 10 years for homes	A qualified expert recognised by ADENE
Licença de utilização	The home may legally be used as a home	The town hall

Literacia Financeira explains that the caderneta and the certidão are complementary: one is fiscal, the other legal.

The licença de utilização changed. Montepio reports that since 1 January 2024, under Decree-law 10/2024 (the “Simplex urbanístico”), the licence is no longer required at the deed. It still matters. Check that it exists, that the real areas match the papers, and that extensions or closed balconies were legalised. Banks may refuse to lend if they are not.

What gets agents fined

Practice	Risk
Mediating without a licensed agency	Fines from €5,000 to €30,000 under Law 15/2013
No written contract, or missing content	Contract void, fee at risk
Advert without the AMI number	€750 to €5,000 under Law 15/2013
Advert without the energy class	€250 to €44,890 depending on who you are
Skipping identification or IMPIC reports	AML fines, up to €1,000,000 for failing to report
Cash of €3,000 or more	Tax fines under the General Tax Law

Your daily habits

• No listing without a signed contract and the energy certificate.
• No advert without the AMI number and the energy class.
• No CPCV without ID and beneficial owner checks.
• No cash.
• A diary note for each quarterly IMPIC report.

These rules change, so check the official source before you act. Practise them in client skills.

This lesson is general information, not legal advice.