I won the auction: deadlines and next steps in Portugal
Updated on
Short answer
Having the highest bid does not yet make you the owner. Next come payment of the price within 15 days (from the award decision in tax sales, or from notification in court sales), payment of IMT and stamp duty, the transfer title, land registration within two months, and handover of the property.
The highest bid is not yet the purchase
Between the end of the auction and the moment the property is yours there are several steps, almost all with a deadline. The e-Leilões platform itself answers the question "can I now consider the asset mine?" with a plain no. The result goes to the enforcement agent (), who notifies the parties and the best bidder to deposit the price and meet the tax obligations. Only then is the title issued (FAQ, question 18).
For tax authority sales the law says the same: ownership passes only when the transfer title () is issued, after the price is deposited and the tax obligations are met (CPPT article 256(5)).
Deadlines at a glance
| Step | Tax authority sale (CPPT) | Court sale: e-Leilões and sealed bid (CPC) |
|---|---|---|
| Who decides the award () | Tax enforcement body (local tax office) | Enforcement agent |
| Paying the price | 15 days from the award decision (256(1)(e)) | 15 days from notification (824(2)) |
| Paying in two parts | Possible above 500 UC, on request within 5 days (256(1)(f)) | Not provided for |
| IMT and stamp duty | Before the title | Before the title (827(1)) |
| Land registration | Requested by the buyer, within 2 months | Communicated by the enforcement agent (827(2)) |
| Handover | Requested from the tax enforcement body (256(2)) | Requested in the enforcement case (828) |
Step by step
- Confirm the result. On e-Leilões it is up to the bidder to check the status and result; e-mail alerts are voluntary and their absence cannot be relied on (rules, article 10). For tax sales, the result is shown in the bids area of the Portal das Finanças.
- Wait for the notification and read it carefully. It states the amount, the deadline and how to pay.
- Pay the price on time. You have 15 days. Details below.
- Deal with IMT and stamp duty. The title is only issued once the taxes are paid or an exemption is recognised.
- Receive the transfer title. This is the document proving you are the new owner.
- Check the land registration and the cancellation of mortgages and seizures.
- Request handover, if the keys are not given voluntarily.
- Update the rest: tax records, condominium, insurance and utility contracts.
Step 1: the award
On e-Leilões
After the auction ends there is a public act certifying its conclusion. From then, the enforcement agent in charge of the case has 10 days to do what is needed for the bid to be accepted and the asset awarded, "under the terms laid down for sealed-bid sales". Besides ordinary notification, the enforcement agent publishes the notification on the platform, and the bidder is deemed notified on the third day after that publication (rules, article 8).
Check the platform every day after the auction ends. The payment period may start running with the publication of the notification on the platform, even if you have not seen the e-mail.
In tax authority sales
At the day and time the auction ends, the tax enforcement body decides on the award. The 15 days to pay run from this decision.
Step 2: paying the price
Tax authority sales
The officer issues a payment slip for the buyer to deposit the full price to the order of the tax enforcement body, within 15 days of the award decision (CPPT article 256(1)(e)).
For purchases above 500 units of account (unidades de conta, UC), the buyer may ask, with reasons and within five days of the award, to deposit only part of the price, not less than one fifth, and pay the rest within 12 months (subparagraph (f)). The request may or may not be granted.
Court sales
Once the bid is accepted, the bidder is notified to deposit, within 15 days, at a bank and to the order of the enforcement agent, "the whole or the outstanding part of the price" (CPC article 824(2)).
"The outstanding part" refers to the deposit (). In a civil-procedure sealed-bid sale (), the bid comes with a deposit of 5% of the advertised value (article 824(1)). The guide Deposit: how much, how to pay, when you get it back explains when it exists and when it does not.
Illustrative example
A bid of €100,000 is accepted in a sealed-bid sale in an enforcement case, with an advertised value of €90,000. The deposit handed in with the bid was €4,500 (5% of €90,000). That leaves €95,500 to deposit within 15 days of notification. Taxes and registration are paid separately.
If you are using a loan
Fifteen days is a short time for a bank to approve and release a loan. Financing has to be prepared before you bid. See Mortgages for auction properties.
Step 3: IMT and stamp duty
- is the tax on property purchases. In judicial and administrative sales it is charged on the price (IMT Code, article 12(4), rule 16).
- Stamp duty () is 0.8% of the value (General Table, item 1.1).
- The IMT assessment is requested by the buyer, with an official form, at a tax office or online (article 19).
- In judicial or administrative sales, IMT is payable within 30 days of the signing of the record of sale (article 36(3)). In practice it is worth doing straight away, because the transfer title is only issued once tax obligations are met.
To estimate the amounts, use the auction cost calculator and read Costs of buying at auction.
Step 4: the transfer title
In civil enforcement, once the price is fully paid and the tax obligations are met, the enforcement agent issues the transfer title. It identifies the property, certifies payment of the price, declares that tax obligations were met or exempted, and gives the date of the award (CPC article 827(1)).
In tax sales, the title is issued by the tax enforcement body under the same conditions (CPPT article 256(5)).
The purchase is registered with this title, not with a notarial deed. Keep the original and several copies.
Step 5: land registration
Land registration () is what makes the purchase effective against third parties.
- Civil enforcement. The enforcement agent notifies the registry of the sale and sends the title. The registry records the acquisition and cancels, of its own motion, the entries for rights that have lapsed, such as mortgages and seizures (CPC article 827(2)).
- Tax authority sales. Registration is requested by the buyer. The general deadline is two months from the date of the title, and a late request pays double the fee (Land Registry Code, articles 8-C and 8-D). Cancellation of lapsed entries is ordered by the tax enforcement body, if the buyer has not already requested it (CPPT article 260).
Registry fees change from time to time. Check the amount in force with the Institute of Registries and Notaries (IRN).
A few weeks later, order a registry certificate () and check that the property is in your name and free of the old charges. See Liens and charges in a judicial sale.
Step 6: handover
As a rule the property is handed over when the title is issued. If it is held by the debtor (), the debtor is notified to hand it over voluntarily; if not, the buyer must apply for forced handover, which has costs (e-Leilões FAQ, question 19; CPC article 828; CPPT article 256(2) and (3)).
The guide Occupied property: what to do after buying explains the procedure and the rights of the people living there.
What can still stop the purchase
e-Leilões warns, in annex I of its rules, that the highest bid may not lead to an award. The most common situations:
- Right of redemption (). The debtor's spouse, descendants or ascendants may take the property at the sale price (CPC articles 842 to 845; for tax sales, CPPT article 258). If redemption happens after the buyer has deposited the price, the redeeming relative pays an extra 5% as compensation (article 843(2)).
- Pre-emption right (). For example, of a co-owner or a tenant. Redemption prevails over pre-emption (article 844).
- Payment of the debt or a settlement before the award.
- Insolvency of the debtor.
- A complaint or irregularity leading to annulment of the sale.
In these cases the buyer does not get the property. When pre-emption or redemption takes place after the sale, the person exercising it replaces the buyer and pays the price and the purchase expenses (CPC article 839(2)). Check with the enforcement agent or the tax office how and when you recover what you paid.
What if you do not pay on time?
The consequences are serious.
- Court sale. The enforcement agent may cancel the sale and accept the next bid, or sell by another method, with loss of the deposit and a ban on acquiring the same asset again; or may enforce the bidder's liability, with attachment of enough assets to cover the unpaid amount plus costs and expenses, "without prejudice to criminal proceedings" (CPC article 825). Bids on e-Leilões cannot be withdrawn (FAQ, question 20).
- Tax authority sales. A defaulting buyer is barred for two years from bidding in any tax enforcement sale, without prejudice to other legal penalties (CPPT article 256(4)).
Once you are the owner
- IMI. Municipal property tax is owed by whoever owns the property on 31 December of each year (IMI Code, article 8). Check on the Portal das Finanças that the property now appears in your name.
- Condominium. Tell the manager about the change of owner.
- Insurance. Check with the condominium and, if there is a loan, with the bank which policies are required for the property.
- Water, electricity and gas. Ask for new contracts in your name. The transfer title proves you are the owner.
- Works and licences. Legalising anything that does not comply is the buyer's responsibility (annex I of the e-Leilões rules).
If something is wrong after the purchase
Annulment of the sale can only be requested in narrow cases and within tight deadlines: in tax sales, 90 days for an unconsidered right in rem or an error about the property, and 15 days for most other cases (CPPT article 257); in civil enforcement, the request is made in the case itself (CPC article 838). Speak to a lawyer as soon as you spot the problem.
Official sources
- Tax Procedure Code (CPPT), article 256 (sale formalities)
- Tax Procedure Code (CPPT), article 257 (annulment of the sale)
- Tax Procedure Code (CPPT), article 260 (cancellation of entries)
- Code of Civil Procedure (CPC), articles 824, 825, 827, 828 and 842 to 845
- e-Leilões, platform rules (Order 12624/2015), articles 8 and 10 and annex I
- e-Leilões, frequently asked questions (questions 17 to 20)
- IMT Code, article 12 (taxable value)
- IMT Code, article 19 (initiating the assessment)
- IMT Code, article 36 (payment deadlines)
- Stamp Duty General Table, item 1.1
- Land Registry Code, articles 8-A to 8-D
- IMI Code, article 8 (taxpayer)