# Hi all



## kemif (Nov 6, 2013)

Hi all

I am happy to be here. I have been reading posts as a non member for a while now before deciding to take the plunge to join today. 

My husband and I are in the process of buying a property in Santarem area. We have made an offer which has been accepted on a house in Vale da Pinta. However the house has no Habitation License. We have asked that this be obtained at the point of sale so that we assume ownership, we would have the license in place. 

Can people please let me know if they have encountered such issue in Portugal and how they dealt with it.

Your experience is very much respected and appreciated for a novice like me. 

Kindest regards
kemif


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## canoeman (Mar 3, 2011)

Whoa stop right there, the Habitation Licence or equivalent pre 1951 certificate is an absolute must, *you don't ask *you demand this as a *condition of the the Promissory note* at sellers expense, with no increase to your offer or extra costs, *if they don't agree walk away*.

Why? sometimes a habitation licence can be easy to obtain but sometimes not, the seller might have to spend a considerable amount of money to bring building up to current building regs good for you but for seller?* so make absolutely certain that it is clearly stated in Promissory Note you will only proceed once Habitation licence is granted at no cost to yourselves or an increase in price*, in a situation like this I would also not as such pay a deposit to seller but would have it held by a Solicitor or as a post dated uncashable cheque (perfectly normal & legal here)

For your own sakes you should also stipulate a realistic timescale so it doesn't drag on indefinitely

As an added safeguard it could be well worthwhile having Promissory Note registered at the Conservatoria


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## kemif (Nov 6, 2013)

Thank you very much canoeman. We will ensure that this is what is done. 

The vendor apparently submitted drawings but went on to build not as per specification. The house was built in 1978


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## canoeman (Mar 3, 2011)

Then his problem to rectify and could be an expensive issue for him as building regs very different now, it's when change of ownership occurs that it highlights issues, just a simple thing but EDP could refuse to change electricity account into your name or water department


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## quelfesgirl (May 27, 2013)

Are you buying via an estate agent? If you are they should not have this property for sale without the correct paperwork, this includes a habitation licence.


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## kemif (Nov 6, 2013)

Hi there

Yes we are buying through an estate agent. We viewed this property and liked it just as it came to the market. We have followed Canoeman's advise and contacted our lawyer this morning. We told him that our requirement is for the vendor to obtain the habitation license withing the next 4 to 6 weeks. We will certainly not be parting with our hard earned cash without the habitation license.

Thank you


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