Most overseas buyers in Lagos and the wider western Algarve come from jurisdictions where a notary is either a marginal figure or does not exist as a separate profession. In Portugal, the notary is central to the property transaction and confusion about what the notary actually does, versus what a buyer’s lawyer does, can leave international buyers without the protection they assume they have.
The two roles are distinct, separately regulated and address different parts of the transaction. Buying property in Portugal without understanding the boundary between them is a recurring source of avoidable issues.
Quick Answer
- The notary is a public official, not the buyer’s representative
- The notary’s role is to authenticate the deed of sale and verify formal correctness
- The notary does not check the buyer’s interests or run due diligence
- The buyer needs their own lawyer or jurist for that work
- The notary’s fees are fixed by law; the lawyer’s fees are negotiated separately
1. What the Notary Actually Does
The notary in Portugal (notário) is a public official appointed by the state and regulated through the Ordem dos Notários. Their role is to formalise the deed of sale (escritura) by confirming the identities of the parties, verifying that the property documentation is present and in order, calculating and collecting the transfer taxes due and registering the new ownership with the relevant authorities. The notary is impartial by definition and acts for the system, not for either party.
This is what people sometimes call the formal stage of the transaction. The notary’s signature on the escritura is what makes the sale legally binding under Portuguese law.
2. What the Notary Does Not Do
The notary does not run a buyer’s-side due diligence review. They will not check whether the property’s licensing matches its actual configuration, whether the seller has disclosed all liabilities, whether the boundaries on the ground match the registered ones, or whether the CPCV (the promissory contract signed earlier) was drafted in the buyer’s interest. None of that is the notary’s job.
If a buyer arrives at the escritura assuming the notary has done a comprehensive check, they have a misconception that is widespread but consequential.
3. What a Buyer’s Lawyer Does in Portugal
A Portuguese lawyer (advogado) working for the buyer covers the part the notary does not. The typical scope of their work spans several areas.
- Pre-contract due diligence on the property’s legal and physical condition
- Review of the Caderneta Predial, the land registry certidão and the Licença de Utilização
- Drafting or reviewing the CPCV before it is signed
- Negotiating amendments where the seller’s draft does not protect the buyer
- Verifying outstanding debts, liens, or encumbrances on the property
- Managing the relationship with the notary on the buyer’s side at deed stage
In our experience, the buyers who avoid late-stage problems are those who instruct a lawyer before the CPCV is signed, not after.
4. The Common Misconception About Public Officials
In some common-law jurisdictions, the term solicitor or attorney covers a wider role than the Portuguese notary does. International buyers often assume that the notary is the equivalent of a UK solicitor or a US closing attorney, both of whom typically combine document execution with buyer-side review. The Portuguese notary’s mandate is narrower. The line between the public official’s job and the private adviser’s job is sharper here.
The implication is that a buyer who skips the lawyer to save cost is not getting a partial substitute service from the notary. They are getting no substitute service at all.
5. Fees and How They Are Set
Notary fees in Portugal are regulated and broadly fixed by reference to the property value, typically between €500 and €1,200 for a residential transaction depending on complexity, plus the property transfer taxes (IMT and Imposto do Selo) which the notary collects on behalf of the state. These are not negotiable.
Lawyer fees in contrast are set by the lawyer and typically fall between 1 and 2 per cent of the property value, with a lower percentage on higher-value transactions and a minimum that varies by firm. Some lawyers charge a fixed fee for the standard purchase scope; others charge by the hour.
6. When to Instruct a Lawyer
- Before signing the CPCV, not after
- Before transferring any deposit funds
- Once the property has been identified but before a written offer is made
- For older or rural properties, before paying the deposit in any reservation contract
The cost of running due diligence early is small relative to the value of the transaction and the work usually surfaces issues at the point they can still be resolved.
Common Mistakes
- Assuming the notary represents the buyer’s interests
- Engaging a lawyer only at the escritura stage
- Using the seller’s recommended lawyer without an independent check
- Relying on the estate agent’s introduction as a substitute for independent legal advice
- Not asking for a clear written scope of work from the lawyer
Summary
The notary and the lawyer have different jobs in a Portuguese property purchase and confusion between the two is a common reason international buyers find themselves under-protected at the deed stage. The notary makes the sale formal. The lawyer makes the sale safe. Both are needed and the lawyer needs to be involved before the CPCV is signed, not at the end.
If you are looking at properties in Lagos or the wider western Algarve and would like a view on which document checks belong with the notary and which belong with the buyer’s lawyer, including introductions to the lawyers we work with regularly, please get in touch.
