Selling Portuguese property with a power of attorney from abroad (2026)

What is a procuração, and do you need one?

A procuração is a Portuguese power of attorney: a document in which you (the outorgante or mandante) authorise someone else (the procurador) to sign in your name. You need one if you will not be in Portugal to sign the CPCV (promissory contract) or the escritura (deed).

The Civil Code says a power of attorney must take the form required for the act the attorney will sign (article 262(2)). Because a property sale needs a deed or an authenticated document, a simple signed letter is not enough. Article 116 of the Notarial Code allows a procuração for such acts to be made in one of three ways: a notarial public instrument, a document signed with the signature recognised in person, or an authenticated document. In practice, abroad, that means signing before a notary or at a Portuguese consulate.

General or specific: which should you sign?

Sign a specific one. A general power lets the attorney manage all your affairs. A specific power covers one property and the acts needed to sell it.

	Specific power (recommended)	General power
Scope	One property, identified by address, land registry number and tax article	All your property and affairs
Accepted by notaries for a sale	Yes, if the powers are clearly listed	Notaries often ask for express power to sell a named property
Risk if misused	Limited to that sale	Very high
Price control	Can set a minimum price	None

A good specific procuração for a sale lists the powers one by one:

• sign the CPCV, receive the deposit (sinal) and agree the deed date;
• sign the deed of sale for a price not below €[amount];
• receive the price and give receipt (receber o preço e dar quitação), preferably only by transfer to your named bank account;
• deal with the Portal das Finanças, the land registry, the council and utilities for the sale;
• cancel the mortgage registration if the loan is repaid from the price;
• sign the statement on the planning title (licence) that deeds must contain from 1 October 2026.

Add an end date (for example 12 months) so the power does not outlive its purpose.

How do you sign it abroad?

You have two routes.

Route	How it works	Apostille?	Notes
Local notary + apostille	You sign before a notary public where you live; the notary certifies your signature; the state authority adds an apostille	Yes	The standard route. Fast if you use an e-apostille
Portuguese consulate	The consulate prepares and certifies the procuração	No	Book online; send the draft in advance. Appointments can be slow

The apostille. Portugal, the UK, Ireland, the Netherlands, Germany and the US all belong to the 1961 Hague Apostille Convention. An apostille is a certificate that confirms the notary’s signature and seal, so the document is accepted in Portugal without further legalisation. Article 44 of the Notarial Code admits foreign documents without prior legalisation, but lets a notary demand it where authenticity is in doubt. In practice notaries, lawyers and land registries expect the apostille. Get one.

At a consulate. The consulate’s notarial service drafts or checks the procuração. You bring a passport and proof of address, the attorney’s full name, marital status and address, and ideally your NIF (tax number) and a draft. The Consulate General in London asks you to book on its online platform and email the draft before the appointment. Fees follow the consular fee table; check your consulate’s site.

What are the UK and US specifics?

United Kingdom. Sign before a UK notary public, who certifies the signature and your identity. The FCDO (Foreign, Commonwealth & Development Office) Legalisation Office then adds the apostille. gov.uk lists these fees:

FCDO service	Fee	Time
Standard (paper)	£45 per document, plus postage	Usually up to 25 working days, plus post
e-Apostille	£35 per document	Up to 2 working days
Next-day (paper)	£40	Registered businesses only

The e-apostille is available for documents a UK notary signs electronically. Ask your notary whether they can issue the procuração electronically, and ask your Portuguese lawyer whether the notary or registry handling your deed will accept an e-apostille. Paper is the safe default if the answer is unclear.

United States. Sign before a notary public in your state. The apostille comes from the state’s competent authority, generally the Secretary of State’s office in the state where the notary is commissioned, not the federal Department of State. The federal Office of Authentications only handles documents signed by federal officials. Fees and times vary by state.

EU countries. Same principle: a local notary, then the apostille from that country’s designated authority. Some notaries will prepare a bilingual document themselves.

Does it need to be translated?

Only if it is not in Portuguese. Article 44(3) of the Notarial Code requires a foreign-language document to come with a translation. That can be done by a Portuguese notary, the Portuguese consulate in the country where the document was signed, that country’s consulate in Portugal, or a suitable translator who swears to its accuracy before a notary.

The simplest answer is a bilingual procuração, Portuguese and English side by side, drafted by your Portuguese lawyer and signed abroad. The Portuguese text is what the notary in Portugal reads, so no separate translation is needed. Ask your lawyer to confirm this with the notary or registry before you sign.

What can the attorney sign, and what are the risks?

The attorney can do only what the procuração lists. That is why the wording matters.

Risk	What can happen	Protection
Selling too cheaply	A general power lets the attorney accept any price	Set a minimum price in the procuração
Diverted money	The attorney receives the price	Allow payment only by transfer to your own named account
Selling to themselves	A deal between you and your own attorney	Civil Code article 261: such a deal can be annulled unless you expressly consented. Don’t consent
Conflict of interest	Your attorney also acts for the buyer	Use a lawyer who acts only for you
Irrevocable power	You can’t cancel it, and it counts as a property transfer for IMT (IMT Code article 2(3)(c))	Never sign a power that waives your right to revoke

Who to appoint: usually your Portuguese lawyer or solicitor, or a trusted family member in Portugal. Estate agents sometimes offer to act. You can decline; an agent paid on completion has an interest in the sale going ahead.

Joint owners and spouses. Each registered owner must sign, either in person or by their own procuração (or both in one document). If you are married, the notary will ask about your matrimonial property regime; your spouse may have to consent even if only you are on the title. Ask your lawyer before you sign.

How do you revoke it?

A procuração is freely revocable by you, even if it says otherwise, unless it was also granted in the attorney’s or a third party’s interest (Civil Code article 265). To revoke:

1. Sign a revocation, ideally in the same form as the original (before a notary, apostilled, or at a consulate).
2. Send it to the attorney, and to anyone who might rely on the power: your lawyer, the agency and the notary booked for the deed.

Revocation doesn’t bind people who didn’t know about it (article 266), so telling them matters. The power also ends if you die; the sale would then be for your heirs (see inherited property). Take advice on what happens if you lose mental capacity.

What does it cost and how long does it take?

These are typical ranges, not official tariffs. Get written quotes.

Item	Typical cost	Time
Drafting by a Portuguese lawyer (bilingual)	Often included in the sale fee, or a few hundred euros	2–5 working days
UK notary public	Set by each notary; ask for a fixed quote	Appointment within 1–2 weeks
FCDO apostille	£35 (e-apostille) or £45 (paper)	2 working days to 5 weeks
Courier of the original to Portugal	Tens of euros	2–5 working days
Portuguese consulate	Consular fee table	Depends on appointment availability

Allow two to six weeks from first draft to original in Portugal. Start in parallel with the listing, not after you accept an offer: a missing power of attorney is one of the most common causes of a delayed deed. For how it fits into the full sale, see selling as a non-resident, and budget the whole sale with the selling calculator.

Are there alternatives to a power of attorney?

• Travel for the deed only. Sign the CPCV abroad with your signature certified in person, as article 410(3) of the Civil Code requires for promissory contracts on buildings (a local notary plus apostille), then fly in for the deed. Deed dates can move at short notice.
• Sign everything in person. Two trips: CPCV and deed.
• Videoconference deeds. Decree-Law 126/2021 allowed deeds, authentications and signature recognitions by videoconference through a Ministry of Justice platform from 4 April 2022. It was a temporary two-year regime, and access needed a Portuguese Citizen Card, the Chave Móvel Digital or another accepted electronic ID. We could not confirm whether it is still in force in 2026. Ask your lawyer before relying on it.
• Electronic signatures on the CPCV. A qualified electronic signature has the legal value of a handwritten one, but whether it meets article 410(3)’s in-person certification is not settled. Most lawyers still use a certified wet signature or a procuração.

Key points

• Sign a specific procuração for the one property: listed powers, a minimum price, payment only to your own account, and an end date.
• Sign abroad before a notary and get an apostille (UK: FCDO, £35 e-apostille or £45 paper; US: the state’s competent authority), or sign at a Portuguese consulate with no apostille.
• Make it bilingual so no separate translation is needed.
• Never sign an irrevocable power: you can’t cancel it, and it is treated as a transfer for IMT.
• Revoke in writing and tell everyone who might rely on it. The power ends on your death.
• Allow two to six weeks, and start while the home is on the market.