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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.

Informational. Not legal advice. A specific Madeira-qualified property lawyer should work through these against your actual title documents before any deposit transfers.

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.

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