Areas of Law

Real Estate, Lease and Planning

Real Estate, Lease and Planning

Our lawyers have an in-depth knowledge of the national real estate market which, combined with knowledge of the law in other jurisdictions, helps both the national and international clients navigate the process of buying real estate in Portugal.

At TPA, we advise and guide our clients in relation to the tax aspects and financial implications of the acquisition of real estate. Likewise, in close collaboration with the Immigration Law department, which deals with the Residence Permit for Investment Activity regime (Golden Visa), we ensure that the client's real estate investment can proceed in a legal, safe and effective manner.

Likewise, if from a tax point of view it is more beneficial to invest through a Special Purpose Vehicle (SPV), in collaboration with the Corporate Law department, TPA can assist in the setting up of a company suitable for this purpose.

In this sense, we confirm through documentary analysis, if the property to be purchased is duly licensed and registered and provide our clients with a report on title to enable an informed decision regarding their investment, including advice on possible capital gains in a future sale.

Our team can also assist clients who want to sell their property, organizing the documentation, providing advice on all the steps in the process and representing our clients through a power of attorney, in case they cannot be present.

It may also be advisable to obtain due legal advice on issues arising from property ownership including, but not limited to, the important domain of horizontal property.

Services provided:

  • Report on Title;
  • Preparation and negotiation of promissory contracts;
  • Representing clients through powers of attorney;
  • Preparing and booking notarial deeds;
  • Registration at the Land Registry and Tax Department;
  • Tax advice related to the ownership of real estate;
  • Obtaining a local accommodation license.

Leases

One of the main areas of activity of TPA is the Lease law, with several highly qualified and experienced professionals in the field of urban and rural leases.

Representing both landlords and tenants, our team at TPA is aware of the applicable legislation and is constantly updated on frequent legislative changes.

We provide effective and timely legal advice on matters relating to the drafting of a lease agreement, resolution of disputes between landlords and tenants and assist in the termination of the lease.

In parallel, and whenever necessary, we accompany the litigation phase, ensuring the effective defense of the rights of our clients.

In addition to the lease, our team is available to provide legal advice on related matters, such as short-term rentals, local accommodation or co-living arrangements.

Services provided:

  • Legal advice on leases and related matters;
  • Preparation and negotiation of lease agreements, notices, amendments to lease agreements, etc.;
  • Accompanying and managing rent increases;
  • Legal advice on the termination of the lease;
  • Lease litigation.

Planning

More specifically in the area of ​​Urban Planning Law, at TPA we provide assistance in matters related to urban planning and land planning, within the scope of approval procedures for urban operations, urban planning and rehabilitation, administrative offenses and urban planning litigation.

Services provided:

  • Legal advice regarding legal and regulatory standards applicable in the scope of urban planning, including for the development of economic activities;
  • Obtaining licenses, authorizations and complying with other necessary formalities;
  • Accompanying investment projects;
  • Accompanying municipal licensing procedures, application of administrative fines, embargos, etc.

Condominium

The legal regime of sectional title ownership directly affects the lives of a significant part of our clients. At TPA, we have extensive experience in issues related to condominiums, providing advice to both owners and condominium administrators, with a view to maintain the regular functioning of this organized way of life between neighbors, which is not always straightforward.

We are also available to mediate disputes which arise between owners or between owners and the administration, always keeping in mind the diplomacy that these situations require, given the need to preserve healthy neighborly relations in the future.

At TPA, we are also prepared to provide assistance to condominiums, in their relationship with public entities, especially regarding the municipal authorities.

Services provided:

  • Legal advice in the setting up condominiums;
  • Support in drafting condominium regulations;
  • Preventive advice on notices and operation of condominium meetings, both ordinary and extraordinary;
  • Advising on alterations to the sectional title deed;
  • Challenging and/or suspending resolutions taken at condominium meetings;
  • Use of alternative dispute resolution mechanisms;
  • Filing judicial proceedings;
  • Assisting the management of the condominium in recovering credits.
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