Casa Pronta pre-emption notice: what a property seller should do

Separate the listing, the notice and the final transfer

Foreign owners often hear Casa Pronta used for more than one stage of a sale. The same name covers a one-stop property transaction service and the online system for public pre-emption notices. Filing the notice does not book completion and it does not transfer the property.

The property listing is the marketing used to find a buyer. The Casa Pronta preference notice is different: it communicates the essential terms of a particular deal to public bodies. Decree-Law 263-A/2007 created a single electronic route that can replace separate general notifications to the public entities covered by the system.

Completion still needs the correct parties, authority, property records, tax steps, contractual documents and registration route. A preference notice does not prove ownership, legalise building work, discharge a mortgage or correct a mismatch between the land register and tax record.

• Listing: advertises the property and asking price to potential buyers
• Casa Pronta notice: reports an identified transaction to public bodies
• Completion: transfers and registers the property through the applicable legal route

Check legal boundaries, not the age of the building

A modern flat can sit within an urban rehabilitation boundary. An old house may be outside any listed site or protection zone. The legal boundary, not the architectural style, drives the check.

Official Justice guidance points sellers towards the online process for property that is classified, in the process of classification, within a corresponding protection zone, in a protected area or in an urban rehabilitation area. Another statute or local regime can also create a public right, so the categories are prompts for evidence rather than a visual test.

Article 58 of the Portuguese Urban Rehabilitation Regime deals with pre-emption by the managing entity for onerous transfers between private parties within an urban rehabilitation area, subject to the statutory conditions. Article 37 of Law 107/2001 sets out rights relating to classified property, pending classification and the corresponding protection zone.

• Review the municipality's geoportal, plans and rehabilitation information
• Search the official Ulysses heritage database
• Match mapping to the land-register description, tax article, unit and address
• Keep the source, consultation date and transaction adviser's conclusion

Check public and private pre-emption rights separately

The Casa Pronta online process under Decree-Law 263-A/2007 covers the State, autonomous regions, municipalities, other public legal persons and public companies. It does not confirm that everyone who might have a pre-emption right has been dealt with.

A tenant may have a statutory right under the rules applicable to the lease and transaction. A co-owner selling an undivided share can face a different preference process. The recipient, content, delivery method and response period need separate legal analysis.

Justice guidance says that filing the public notice can spare the seller from checking the property against the separate lists of several public entities. That convenience is limited to the public route. No response in Casa Pronta is not proof that a tenant, co-owner or other private holder was validly notified.

Wait until there is a transaction to report

The official service is intended for a seller who has agreed terms with a buyer. It is not an early marketing form. A speculative buyer name, rounded test price or date chosen simply to complete a required field undermines the purpose of the notice.

The practical sequence is to settle the essential commercial terms, check the property and parties, and then coordinate the notice with the promissory contract and proposed completion. Put the seller, buyer, exact property or share, price, payment structure and expected date on one transaction sheet before entering the portal.

A Portuguese CPCV is not automatically protected just because the notice will be filed later. The drafting should deal with the applicable preference process, the evidence, the timetable and what happens if a public body exercises its right. A qualified legal professional should review that wording before signature.

Gather the details before opening the form

The current Casa Pronta form begins with the applicant, sellers, buyers, property and transfer. It asks for the applicant's name or company name, Portuguese tax number and contact details, followed by every seller and buyer with their NIF or NIPC. Check names against identification and corporate records; the person coordinating the form is not automatically authorised to sell.

For the property, expect the land-register description or tax article, ownership share where relevant, autonomous unit, areas, use, address, district, municipality and parish. The form also asks whether the property is tenanted. Keep the permanent land-register certificate and tax record beside you instead of copying details from an old listing.

The portal requests the transaction type, price and expected date. Compare them with the accepted offer and any CPCV draft. If the proposal, contract and Casa Pronta notice describe slightly different transactions, reconcile them before submission rather than explaining the discrepancy at completion.

• Applicant, every seller and every buyer checked against documents
• Land-register and tax identifiers aligned
• Autonomous unit, share, use, area and tenancy status reviewed
• Price and expected date taken from the actual agreement

Pay €15, preserve the record and monitor the response

Justice publishes a €15 online notice fee, paid by Multibanco. Save the request number, payment evidence, submission confirmation and a copy of every field entered. The notice remains available for consultation for one year, but the transaction file should not depend on future portal access.

The current Justice service page states that public bodies have 10 working days after the notice is placed to say whether they intend to exercise the right. Weekends, public holidays and the effective submission time matter. Do not turn the period into a guessed calendar date; ask the lawyer, solicitor, notary or registry professional handling the transaction to confirm it.

The status can be checked online with the request details required by the portal. If no public body responds within the period stated by Justice, the service guidance says the sale can proceed in relation to those public preference rights. Other title, mortgage, condominium, tenancy and contractual checks remain open until separately resolved.

Have material changes reviewed

A new buyer, lower price, different payment plan or other material change may mean the deal no longer matches the published notice. Pre-emption rights are exercised on the terms notified, so do not assume the earlier notice still applies to the revised deal.

Before fixing completion, ask the professional handling the sale whether a fresh notification is required. Keep their conclusion with the other records, even if the parties are keen to complete quickly.

If a public body signals that it intends to exercise the right, pause the timetable. Do not try to cure the issue by informally changing the buyer or price. Have the legal professional confirm the relevant regime, the response and the next steps.

What to do at each stage

With no buyer or settled terms, do not file: check the maps and prepare the property records. With an identified buyer and a property that is, or may be, in a covered area, confirm the regime and submit the real terms where required. If the home is tenanted or only a share is being sold, run a separate private-right review.

After the public response window, keep evidence of the portal status. If the transaction still matches the notice and no other issue remains, coordinate completion with the appointed professionals. If an entity responds or the deal changes, stop and obtain a fresh decision before making promises to either party.

• No buyer: prepare, but do not submit
• Buyer plus possible public right: verify and file when applicable
• Tenant or co-owner: check private pre-emption rights separately
• No public response: preserve evidence and finish the other checks
• Response or material change: pause and obtain legal review

Worked example: a flat in an urban rehabilitation area

David agrees to sell a flat for €320,000. The municipal map shows that the building lies inside an urban rehabilitation area. Rather than promise completion in two weeks, the parties first check the unit description and transaction terms, revise the CPCV timetable and submit the Casa Pronta notice with the real buyer, price and expected date.

They retain the €15 payment evidence and allow for the 10 working days stated by Justice. If there is no public response and the rest of the property file is ready, they can move towards completion in relation to the announced public right.

If the buyer changes or the agreed price is reduced to €305,000, they return to the transaction adviser before relying on the original notice. The figures illustrate process only; they are not a property valuation or a promise about sale timing.

Before you complete the sale

The preference question is best handled while the CPCV is being prepared, not on the eve of completion. Keep the notice, payment, status check, accepted offer and final contract in one dated file, and make one person responsible for every open deadline.

IMOJA can prepare the listing, organise the available property information and coordinate the sale. The qualified professionals appointed for the transaction must advise on pre-emption rights, confirm the validity of notices and draft the contracts.

• Parties and signing authority confirmed
• Register, tax record, unit, address and areas consistent
• Official mapping and possible preference holders reviewed
• Offer, notice and CPCV aligned on essential terms
• Payment, status and deadline documented
• Every material change returned for review
• Completion conditional on all remaining legal and documentary steps