Tool · Checklist
40-point Madeira property due-diligence checklist
The 42-point list your Portuguese property lawyer should work through before you sign the CPCV. Calibrated for Madeira: pre-1951 licensing, inheritance chains, landslide overlays, Funchal AL rules, condominium AL veto. Print, save to PDF, or send to your lawyer.
Title and ownership(4 items)
Certidão Permanente do Registo Predial
Confirms the seller is the registered owner and exposes any mortgages, seizures, liens, or judicial restrictions.
Matrix registration (Caderneta Predial)
Must match what the Registo Predial says. Mismatches (mis-numbered parcels, wrong area) are common in older rural Madeira stock.
Inheritance chain
Portuguese inheritance law gives forced heirs statutory rights. A missing heir can later claim the property even post-escritura.
Marital regime of seller
Community of acquired property requires spousal signature. Missing signature → escritura can be annulled.
Debt and fiscal cleanliness(4 items)
IMI arrears (Portal das Finanças)
Unpaid IMI follows the property under Portuguese subrogation, not the previous owner.
AIMI check
The national wealth surtax applies above €600k VPT per holder.
IMT debt check
Only relevant if the seller acquired within the exemption clawback window.
Condominium arrears
Pull the last three AGM minutes. Buyer inherits arrears - always.
Licensing (post-DL 10/2024)(5 items)
Licença de utilização
DL 10/2024 shifted verification to the buyer. Missing or wrong-use licence can block the escritura or force a change-of-use process costing €5–15k.
Pre-1951 special rules
Pre-1951 properties are exempt from licença de utilização but need architect certification of habitability per the new DL 10/2024 framework.
AL (Alojamento Local) status
Verify current status against the concelho where the property sits. Funchal suspended new AL registrations in Aug 2025.
Construction permits for any extensions
Unpermitted extensions (common in rural Madeira) expose the buyer to demolition orders and IMT penalties.
AMI licence of any intermediating agent
Portuguese real-estate brokers must hold an AMI licence from IMPIC. Verify it before any deposit transfers.
Land-use and planning(4 items)
PDM (Plano Diretor Municipal) zoning
Agricultural, green-zone, or urban-expansion classifications radically affect future buildability and valuation.
ARU (Urban Rehabilitation Area) inclusion
Triggers IMT + IMI + 6% VAT incentives. Madeira ARU map is not nationally aggregated - check municipal portal.
Coastal / cliff line setbacks
Ponta do Sol, Câmara de Lobos, Calheta coastline has specific protection setbacks.
POOC (coastal management)
Coastal parcels may be affected by the regional coastal plan; renovations or pool additions can be restricted.
Hazard and site exposure(4 items)
Landslide overlay
Câmara de Lobos, Curral das Freiras, Madalena do Mar have documented landslide exposure. Verify geotechnical report before buying steep-slope parcels.
Flood / flash-flood zones
The 2010 Madeira floods re-baselined flood maps - Ribeira Brava and Funchal riverside most affected. Check hazard overlay.
Wildfire exposure
Rural-interface properties in São Vicente, Santana and higher Funchal risk wildfire during dry months.
Volcanic / seismic history
Madeira is long-dormant volcanically, but building foundations on old lava flows can require specific engineering.
Condition and survey(6 items)
Independent building survey
Not standard in Portugal - but always pay for one. €400–€1,200 for a technical report covers you against surprise structural issues.
Damp / mould audit
Poorly insulated Madeira housing (single glazing, no cavity walls) accumulates damp in winter. Check all north-facing rooms.
Energy Performance Certificate (EPC)
Portugal grades A–F. Below D on a Madeira property means winter heating/dehumidification costs will dominate running cost.
Roof, terrace waterproofing
Madeira rainfall testes traditional flat-roof construction. Look for repair history and any active leaks.
Water supply reliability (rural plots)
Some rural parcels depend on shared levada rights. These are tradable but need written evidence.
Sewage and septic
Rural and some peri-urban parcels use septic systems. Failing septic = €5–15k remediation.
Condominium due diligence (apartments only)(4 items)
AGM minutes, last 3 years
Reveals disputes, planned works (fachada, elevador), and AL attitude.
Reserve fund balance
A depleted reserve means incoming special levies.
Building insurance policy
Verify AL-liability rider if short-term rental is in plan.
AL-specific regulation in the building rules
Individual condominiums can ban short-term rental even where the municipality allows it.
Contract and settlement(11 items)
CPCV review (Contrato de Promessa de Compra e Venda)
Sinal usually 10–20%. Clause drafting defines your exit rights - see our CPCV clause-by-clause guide.
Sinal IBAN cross-check
Verify the seller IBAN against their NIF. Most reservation-fee scams turn on a fake IBAN.
Deposit-return conditions
Financing contingency, survey contingency, licensing contingency - if not in CPCV, you lose the sinal.
Penal clauses
Seller walk = double sinal back. Buyer walk = sinal lost. Some CPCVs try to cap this asymmetrically.
Completion date (escritura)
Aim for 60–90 days after CPCV. Too short = insufficient due diligence. Too long = price change risk.
Possession date
Usually escritura date. Earlier possession needs a specific comodato clause.
Curated escritura attendees
Buyer, seller, both lawyers if represented, translator if non-Portuguese-speaking, notary.
Final utility meter readings
Lock these at escritura so post-escritura bills are cleanly transferred.
NIF and bank account confirmations
Non-resident buyers need both before the escritura - timelines vary (NIF 24–48h, bank account 5–10 days).
IMT + stamp-duty paid receipts
Must be presented at escritura. No receipt = no escritura.
Registo Predial update post-escritura
Your lawyer files the update. Follow up within 30 days.
Get the PDF version
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