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Some legal questions that often concern foreign owners of a property in Portugal
It is common knowledge that the Algarve is one of the most desirable places to own a holiday home for both foreign and national citizens. In my previous articles in this magazine I have covered the main points regarding the process of buying and selling property in Portugal. In this article I want to provide some information about three of the most frequently asked questions concerning property ownership in Portugal:
One
Question: When I renovate my property do I need to submit the project to the Town Hall and obtain a new Habitation Licence?
Answer: All residential properties built in Portugal since 1951 must have a Habitation Licence. This licence confirms that the Câmara Municipal (Town Hall) has inspected, or recognizes, that the property complies with planning permission and building regulations. Without this document you cannot sell your property because the licence will be required by the notary with the deeds of conveyance.

Some types of alterations to the property may require a project to be approved by the local Town Hall, which will then issue the relevant building licence (allowing you to start work on site). With the completion of the project, a new Habitation Licence may be issued, usually after the authorities have done an inspection of the property to verify that the work was done according to the project approved by them.

Usually, alterations to the inside of the house (providing that they do not change the number and shape of rooms), roof or windows do not require this complex process. It is enough that the owner acknowledges to the municipality that this work will be executed.

However, for any alterations that change the outside of the building, for the construction of a swimming pool, tennis court or outside BBQ or for internal work that alters the number or shape of rooms, it is mandatory that a project is submitted for approval to the local Town Hall.

This information should always be kept in mind. Sometimes property owners execute projects in their property without a license. When they eventually wish to sell or rent the property, and try to legalize the work they have done, they may find that the work was not done in accordance with the requirements of the Municipality's overall plan. It is entirely possible in this case that the authorities may demand the demolishing of any work done without a proper licence, as well as impose a fine ranging from €500 up to €200,000 (or €500,000 when the property is owned by a company). I would recommend that you get advice from a lawyer; an architect or a project manager before you execute any works in your villa which may alter its exterior or the interior structurally.

Two
Question: When I sell my property, can I add the expenses associated with the renovation or alteration (which may well represent more than the original cost of the villa itself) to my original cost to calculate my Portuguese capital gains tax?
Answer: When a property owner who is not fiscally domiciled in Portugal sells a property, he or she must declare and pay a capital gains tax. For non-residents, this tax is 25% of the capital gain, which is the difference between all base costs (original price + original acquisition taxes + notary and registry expenses + structural works in the property done within less than 5 years from the sale + correction with inflation) and the sale price. This tax must be paid within 30 days after the signature of the deeds transferring ownership of the property.

It is important to note that all renovation or structural expenses may only be declared if the invoices are official, and dated within 5 years of the conveyance of purchase and sale deeds being signed. Any invoices older than 5 years cannot be used in calculating the total base costs for the Portuguese capital gains tax.

Three
Question: Property taxes, or rates (IMI) are paid each year as a percentage of the rateable value of the property. How is this rateable value calculated?
Answer: Every property in Portugal has a rateable value, attributed according to a valuation by the local tax department. This valuation is used to determine the property tax (now known as IMI – formerly known as “contribuição autárquica”). This is payable every year. Until 2003 the criteria used to mean this valuation was different in each local tax department. No general rule could be applied. From 2003, however, the Portuguese government has decided to apply general criteria to the entire country for the calculation of the rateable value for each kind of property. This new formula has brought rateable values much closer to (although almost always somewhat lower than) each property’s actual market price. This rateable value is then used to calculate the IMI tax (or rates) payable per year.

For example, in Loulé the Council has established the IMI at 0.72% of the rateable value. Usually, 50% of the IMI is payable in April and the balance in September for the previous year (i.e. in 2007 you would be paying the 2006 tax). Your fiscal representative will receive notice of the tax payment due from the local tax department.

The main criteria involved in the calculation for the rateable value are:
For calculating the base cost of the property – the amount per square metre of construction is fixed by the Portuguese government for each locality annually. To achieve the base cost you simply multiply that figure by the square metres of construction of the villa by 25% of the figure of the construction per square meter for the respective council. For example: imagine that for Loulé the Portuguese government has fixed a cost of €600 per square meter of construction and that you have a villa of 400 square metres of construction of which 200 square metres are covered living area. In this case you multiply €600 x 400 = €240,000. To this you add €150 (representing 25% of the per square metre cost of construction) x 200 = €30,000. The total sum of €270,000 is the base cost.

To this figure you then apply several positive or negative coefficients that have the effect of increasing or decreasing the base.

In principle, they are as follows: i) Areas – garden area, private areas, etc. will be multiplied to the base cost

ii) Property usage coefficient: If the property is used for commerce it is multiplied by 1.2; if it is used for services by 1.1; for habitation 1.0, for industry or warehousing 0.6; covered parking 0.4.

iii) Location of the property – The multiplier coefficient would vary from 0.35 (rural areas) to 3 (prime real estate areas).

iv) Quality and comfort – There are some comfort and quality criteria that apply. There is a positive coefficient up to 1.7 for houses that are in private condominiums, town houses, houses with a garage, tennis court, swimming pool, central heating, etc. There is a negative coefficient for certain situations, for example if the house does not have kitchen, wc, if there is no public water or sewerage or electric or gas network, etc.

v) Age of the property – This coefficient goes from 1 (new properties) to 0.35 (more then 80 years old property).

Just to give you an idea, the first valuations under the new criteria that I have seen for villas in Quinta do Lago were around €1 million.

 
Mills & Mills Lda, Estrada Pinheiros Altos, Quinta do Lago, 8135 Almancil, Portugal. T +351 289 396 073 | info@quintaproperty.com | Terms of use | Real Estate License No. AMI-1252-2011-01-25 APEMIP 3785