Introduction
The term “cadastro predial” refers to the official record of property-related information held by DGT (Direção-Geral do Território) in Portugal.
The cadastro pertains to the land registry records, detailing property boundaries, ownership, size and usage. Importantly it includes a graphical description of the boundaries of a property, and the relationship between neighbouring properties.
Keeping it up-to-date is crucial for various reasons, including property taxes, inheritance, and future property sales.
In many councils of the Algarve the cadastro has been frozen or out of date for many years and has been useless. As a result of this many properties have incorrect or out of date declarations, but this is now starting to change as the cadastro is actualized.
Here’s a step-by-step guide on how to update your Cadastro Predial in the Algarve:
Reasons to Update Your Cadastro
- Smooth Property Transactions: At the beginning of 2024 a new law was introduced to ensure that the information contained within the cadastro prédial was in accordance with the land registry and tax office. As certain councils (Loulé for example) did not have an “active” cadastro the requirements were paused. When these requirements are reintroduced an updated cadastro will be essential when selling a property.
- Legal Compliance: Keeping your Cadastro up-to-date helps you comply with local regulations and avoid potential legal issues. The cadastro allows you to confirm your boundaries and have a formal record of the extent of your property.
- Tax Compliance: Ensure your fiscal number and address are current to receive tax notices and avoid penalties.
- Communication: Ensures that you receive timely updates or notifications from municipal authorities and other entities, including notifications from your neighbours in relation to preference rights when neighbouring properties are sold.
How to check and verify the cadastro?
The current cadastro can be partially consulted on the internet. Whilst not all information is available, it is possible to see if a particular property has been included in the cadastro, and the basic details of the information held on the cadastral records.
The cadastral information can be checked here: SNIC
Steps to Update Your Cadastro
1. Gather Necessary Documents:
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- Identification: Your identification documents (e.g., passport, NIF)
- Land registry: A certified copy of the land registry is needed
- Topographic Survey: A recent topographic survey that accurately depicts the property’s boundaries and any new constructions.
- Existing plans: Copies of any existing plans that identify the property boundaries
- Caderneta predial: The tax office certificate
2. Consult a Cadastral technician:
- The cadastral declaration can only be completed by a correctly qualified cadastral technician
- They can also assist in gathering the required paperwork and submitting the application.
- The technician will need to visit the property to verify the conditions and boundaries
- You can find a list of technicians here: Cadastral Technicians
3. Submit the Application:
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- Declarations: You will need to fill out forms that confirm the alterations or declarations in relation to the cadastral records. These forms include a graphical representation of the boundaries
- Neighbours declarations: If you are making an alteration to an existing declaration and this affects the boundary with a neighbouring property, then the neighbour must sign a declaration to confirm that they accept the alteration
- Supporting documentation: As a minimum copies of the land registry will need to be submitted with your application
- Fees: You will pay a fee to DGT for the process (around €100). You will also pay a fee to the cadastral technician, plus the costs of the topographic survey (if necessary)
4. Waiting Period:
You need to allow the necessary time for the technician to prepare the documents and declarations. Once the fee has been paid the final submission has to be completed within 30 working days. When the technician certifies and submits the updated documents, the new cadastral record is then available the following day.
5. Updated Cadastro:
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- Once the process is complete, you will receive an updated Cadastral document reflecting the changes.
- If the cadastral declaration alters the registered size of the property, you should then update the land registry and caderneta predial, to ensure that all of your property records are synchronised.
By following these steps and seeking professional assistance when needed, you can ensure that your property’s information in the cadastro predial is accurate and up-to-date.
A word about BUPI
BUPI is often mentioned when discussing the cadastro predial. BUPI is a platform that has been created to give citizens access to the cadastro predial in a simplified manner.
BUPI will run in parallel to the cadastro predial and is a complementary tool, not a replacement. In many councils in the Algarve BUPI is not operational yet (as of December 2024).
BUPI can be accessed here: BUPI
Conclusion
Updating your cadastro in the Algarve is a necessary evil, especially when you are planning to sell your property in the near future. In some cases you will be unable to complete a sale if your cadastral records are out of date and incorrect.
If you have the necessary documentation to hand and agreements in place with your neighbours then this is a relatively quick process. A proactive cadastral technician is essential to assist and advise you.
Staying proactive in maintaining accurate records will save you time and potential headaches in the future. Whether you’re a resident or a holiday property owner, keeping your information up to date ensures a smoother interaction with Portuguese authorities and compliance with local laws.