If you plan to buy property in Portugal, it is important to understand the role of a notary in the transaction. Notaries are widely used in the Portuguese legal system and although they need a law degree and are trained in the same way as private lawyers (avagodos), their role is to represent the truth and the state, rather than either party involved in a transaction.

In Portugal, it is often necessary for documents to be signed in the presence of a state authorised notary for them to be legally binding. When purchasing a Portuguese property, it is mandatory that the signing of the initial promissory contract (contrato de promessa de compra e venda) takes place in the presence of a notary. A notary must also be involved at the point of completion when the final contract (escritura de compra e venda) is ready to be signed.

The notary is usually paid at this point in the process, at the same time as the final funds are transferred to the seller of the property. Notary fees are typically around 2.5 per cent of the property purchase price. It is essential not to confuse the role of a notary with that of an independent solicitor, especially as notaries in Portugal perform some of the functions that a lawyer would in the UK.

In Portugal it is possible to complete a property transaction without using an independent lawyer, but although this could represent a cost saving, it is a risky strategy, especially as there is likely to be some degree of language barrier involved. An independent lawyer can represent your interests specifically, and it is also possible to grant power of attorney to your lawyer so that you don’t have to be present in the country at every stage of the process. 

After you have completed on your property and embarked on your Portuguese adventure, you may well find you need the services of a notary again in the future. In Portugal ,notaries are involved in everything from validating signatures and document translations to certifying passport photographs, so don’t be surprised if you end up frequently visiting the local notary office!