A buyer is purchasing an off-plan apartment in Lisbon. What is the contrato-promessa de compra e venda (CPCV)?
- The final deed that transfers ownership
- The promissory contract in which both sides commit to the sale before the final deed
- The agency's mediation contract with the developer
- The bank's mortgage offer
The CPCV binds buyer and seller to complete the sale later, sets the price, payment schedule and deadlines, and is usually where the main deposit (sinal) is paid. Ownership only passes at the deed.
Literacia Financeira: The promissory contract of sale (CPCV) (2026-10) In what order do the usual steps of an off-plan purchase in Portugal happen?
- Deed, reservation, CPCV, stage payments
- CPCV, deed, reservation, stage payments
- Reservation, CPCV with deposit, stage payments during works, then the deed (escritura) and the balance
- Stage payments, deed, CPCV, reservation
The buyer reserves the unit with a small deposit, signs the CPCV with a larger deposit, pays instalments tied to construction milestones, and pays the balance when the deed is signed once the building is finished.
The Portugal News: How to buy off-plan new homes in Portugal (2026-05) What formalities must a CPCV for a home meet?
- It must be written and signed, with the signatures certified in person, for example by a notary, lawyer or solicitor
- A verbal agreement before two witnesses is enough
- It must be signed at the land registry by the registrar
- It only needs the agent's stamp and the buyer's signature
A CPCV for a home must be in writing, and the signatures need in-person certification (reconhecimento presencial). Without it the contract is invalid, and a clause waiving it does not fix that.
Literacia Financeira: The promissory contract of sale (CPCV) (2026-10) When the signatures on a CPCV for an off-plan home are certified, what must the person certifying confirm?
- That the buyer has a mortgage approval
- That the developer has paid its IMI
- That the agency holds an AMI licence
- That a construction licence (licença de construção) or a use licence (licença de utilização) exists
The certifier must state that a construction or use licence exists. For a building still under works this is the construction licence; the use authorisation comes once the building is finished.
Literacia Financeira: The promissory contract of sale (CPCV) (2026-10) A developer says the 2024 Simplex reform removed all licence checks on home sales. Is he right about the CPCV?
- Yes: no licence is checked at the CPCV or the deed
- No: Simplex dropped the licence requirement at the deed, but the licence check at the CPCV still applies
- No: Simplex added a new licence check at the reservation
- Yes, but only for buyers paying cash
The 2024 Simplex removed the requirement to show the licence at the deed, but it did not change the article of the Civil Code that governs the CPCV, so the certifier must still confirm a construction or use licence.
Literacia Financeira: The promissory contract of sale (CPCV) (2026-10) Your buyer signed a CPCV and paid a sinal, then changes his mind and walks away. What happens to the sinal?
- The seller must return it in full
- The seller returns half and keeps half
- The buyer loses it
- It goes to the agency as its fee
Under article 442 of the Civil Code, a buyer who fails to complete loses the sinal. If it is the seller who fails, he must return the sinal in double.
Literacia Financeira: The promissory contract of sale (CPCV) (2026-10) The seller pulls out after the CPCV because he found a better offer. What can your buyer claim under the sinal rules?
- Double the sinal
- Only the sinal back, with no extra
- The sinal plus 10% interest
- Nothing, because the deed was never signed
A seller who defaults must return the sinal in double. Instead of the double, the buyer can ask a court for specific performance (execução específica), which makes the sale happen.
Literacia Financeira: The promissory contract of sale (CPCV) (2026-10) Your buyer paid a sinal of EUR 30,000 at the CPCV. The seller then refuses to sign the deed. How much can the buyer claim from the seller under the sinal rules?
EUR A defaulting seller returns the sinal in double: 30,000 x 2 = EUR 60,000. That is the original 30,000 plus 30,000 as compensation.
Literacia Financeira: The promissory contract of sale (CPCV) (2026-10) An off-plan flat in Porto sells for EUR 380,000 with a 20% sinal at the CPCV. If the developer defaults, how much can the buyer claim under the sinal rules?
EUR Sinal: 380,000 x 20% = 76,000. Returned in double: 76,000 x 2 = EUR 152,000.
Literacia Financeira: The promissory contract of sale (CPCV) (2026-10) A villa in the Algarve costs EUR 500,000. The CPCV sets a 20% deposit, then two stage payments of 15% each during works, with the balance at the deed. How much does the buyer pay at the deed?
EUR Paid before the deed: 20% + 15% + 15% = 50%, so 250,000. Balance at the deed: 500,000 - 250,000 = EUR 250,000.
The Portugal News: How to buy off-plan new homes in Portugal (2026-05) A developer's CPCV contains a clause saying the buyer gives up the right to specific performance (execução específica). Is that clause valid?
- Yes, if the buyer initials it
- Yes, for off-plan sales only
- Yes, if the sinal is over 20%
- No: in a CPCV for a property this right cannot be excluded by a clause
Specific performance lets the party who complied ask a court to carry out the sale. In promissory contracts on property it cannot be waived by contract.
Literacia Financeira: The promissory contract of sale (CPCV) (2026-10) A client asks how much deposit Portuguese developers usually ask for at the CPCV on an off-plan purchase. What is a fair answer?
- The law fixes it at exactly 5%
- It is not fixed by law; it is often 10% to 30% of the price
- The law requires 50% of the price
- Nothing is paid until the deed
No law sets the amount of the sinal. On off-plan sales the CPCV deposit is often 10% to 30% of the price, with the rest paid in stages and at the deed.
The Portugal News: How to buy off-plan new homes in Portugal (2026-05) An overseas buyer will pay 40% of the price to a developer before completion. What is the best advice to protect those payments?
- Pay everything up front to get a bigger discount
- Pay the instalments into the agent's personal account
- Ask for a bank guarantee or insurance covering the payments, tie them to construction stages and have a lawyer check the licences and land registry
- No action is needed because the state guarantees every off-plan payment
Buyers should confirm that a bank guarantee or insurance protects their payments if the project is not finished, link instalments to milestones and have a lawyer check the permits and registry. Delays are not uncommon.
The Portugal News: How to buy off-plan new homes in Portugal (2026-05) Your buyer fears the seller might sell the same flat to someone else before the deed. How can the CPCV protect against that?
- By giving it real effect (eficácia real): made by deed or authenticated document with an express declaration, and registered at the land registry
- By adding a higher sinal, which blocks any other sale
- By sending a copy to IMPIC
- By having the agent keep the keys
A standard CPCV binds the seller only towards the buyer: if he sells to a third party, the buyer gets the double sinal but not the home. A CPCV with real effect, registered at the conservatória, protects the home itself but costs more.
Literacia Financeira: The promissory contract of sale (CPCV) (2026-10) Does signing a CPCV trigger IMT (property transfer tax)?
- Yes, always, at the full rate
- Yes, at half the rate
- Only if the sinal is above 30%
- No, unless the keys are handed over or the buyer's position is assigned to a third party before the deed
IMT is normally paid before the deed, not at the CPCV. Handing over the keys or assigning the contract position before the deed can bring the tax forward.
Literacia Financeira: The promissory contract of sale (CPCV) (2026-10) The building is finished and your buyer is ready to complete. What does the state Casa Pronta service offer?
- A mortgage from a state bank
- Deed and land registration in one place, at a fixed fee
- Free legal advice on the CPCV
- A refund of the IMT
Casa Pronta is a one-stop service for the deed and registration: EUR 375 for a cash purchase and EUR 700 with bank financing. A private notary or solicitor is the alternative, with free fees and the registry paid separately.
Literacia Financeira: How much it costs to buy a home (2026-09) A cash buyer completes, through Casa Pronta, the purchase of a new flat plus a separately registered parking space (two properties). Casa Pronta charges EUR 375 for a cash purchase and EUR 50 for each extra property. What is the fee?
EUR Cash purchase: 375. One extra property: 50. Total: 375 + 50 = EUR 425. With bank financing the base fee would be EUR 700.
Literacia Financeira: How much it costs to buy a home (2026-09) Under the 2026 housing tax package, which new homes get the reduced 6% VAT on construction from 1 July 2026?
- Every new home, whatever its price or use
- Only luxury homes above EUR 1 million
- Only homes bought by non-residents
- Homes sold as a permanent own home for up to EUR 660,982, or let at moderate rents of up to EUR 2,300 a month
Decree-law 97/2026 cuts VAT on building new homes from 23% to 6% from 1 July 2026 for permanent own homes priced up to EUR 660,982 or homes let at moderate rents of up to EUR 2,300.
idealista: Timeline of the new housing tax package (2026-05) A developer wants to start advertising finished apartments for sale. What must the adverts show about energy performance?
- The energy class from the energy certificate, issued by an expert recognised by ADENE
- Nothing until the deed is signed
- Only the number of solar panels
- A self-assessment written by the developer
An energy certificate is required when a home is put on the market for sale or rent, and adverts must show its class (A+ to F). Advertising without it can lead to fines of EUR 250 to 3,740 for individuals and EUR 2,500 to 44,890 for companies.
DECO PROteste: Energy certificate, what it is, where to request it and what it costs (2025-01) Your buyer's lawyer wants to make the deed conditional on the developer handing over key documents. Which set is a sensible list for a new home?
- Only the agency's invoice
- The use licence, the technical housing file (ficha técnica da habitação), the energy certificate and a declaration of no condominium debt
- The developer's tax return and the architect's CV
- The buyer's NIF and passport only
Tying the deed to the use licence, the ficha técnica (required for homes built after 2004), the energy certificate and a no-debt declaration means that, if they are not delivered, the contract lapses and the sinal is returned.
Literacia Financeira: The promissory contract of sale (CPCV) (2026-10) - Dubai areas
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- Bali areas
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