The CPCV (contrato-promessa de compra e venda) is the promissory contract that buyer and seller sign in Portugal before the final deed. The buyer pays a deposit called the sinal, commonly around 10% of the price, though some sellers ask for more from non-resident buyers. Unless the contract says otherwise, the Civil Code applies a simple rule: if the buyer fails to complete, the buyer loses the sinal, and if the seller fails, the seller must return it double. A CPCV for a home also has to meet formal requirements, including signatures recognised in person and a certified licence, so it is not a document to sign from a template. This guide explains the rules, the money at stake on a €250,000 purchase and the clauses to check. It is general information, not legal advice.
What is a CPCV?
A promissory contract is an agreement to make the final contract later. In a property purchase, the CPCV fixes the property, the price, the deposit and the date or deadline for the escritura (the deed), and it binds both sides in the meantime. It is not compulsory, but it is the normal way to make a purchase binding while the buyer arranges the mortgage, the taxes and the checks. It is step 6 of 11 in our complete guide to buying in Portugal. The rules are in the Civil Code, arts. 410 onward.
What form must it take?
The law asks for more than a handshake. For land that is not a building, a signed document is enough. For buildings, whether finished, under construction or planned, and for separate units such as apartments, the CPCV must be a signed document with the signatures recognised in person, and the existence of the right licence must be certified: the use licence (licença de utilização) for an existing building, or the construction licence for one being built. A lawyer, notary or other authorised professional normally does the recognition and certification. A CPCV that does not meet the form is at risk of being invalid, so ask your lawyer to confirm the form was met.
What is the sinal, and how much is it?
The sinal is the deposit paid by the buyer to the seller. The law presumes that money the buyer hands to the seller as an advance or the start of the price is sinal, so be careful with labels: if you make several payments, state in the contract which ones are sinal and which are only advances. If the sale completes, the sinal counts towards the price. No source we checked gives a legal percentage, and around 10% is common. Non-resident buyers are sometimes asked for 20% to 30%, so negotiate it and compare with the cash you will need for the taxes shown in Portugal property taxes for non-residents.
What happens if you or the seller does not complete?
| Scenario (sinal 10% on €250,000) | Rule if the contract is silent | Money | Approx. in £ / $ |
|---|---|---|---|
| Sinal paid by buyer | Counts towards the price on completion | €25,000 | ≈ £21,100 / $28,000 |
| Buyer fails to complete | Buyer loses the sinal | €25,000 lost | ≈ £21,100 / $28,000 |
| Seller fails to complete | Seller returns the sinal double | €50,000 | ≈ £42,200 / $56,000 |
Conversions are approximate and use the European Central Bank reference rates of 14 October 2026 (€1 = £0.844 = $1.120). Rates move every day.
Two details can change the picture. First, if the buyer has already been given possession of the property (tradição da coisa) and the seller then fails, the buyer may choose a different calculation, based on the property’s current value, instead of the double sinal. Second, the other party can ask the court to force completion (execução específica), but the law presumes that having a sinal excludes this unless the contract says otherwise, so the clause matters. Ask your lawyer which route the contract gives you.
Which clauses should you check?
- Parties and capacity: names, NIF numbers and addresses, and whether the seller needs the spouse’s consent. Check the owner on the registry record (certidão permanente).
- The property: address, registry and tax references, the use licence and the energy certificate.
- Price and payments: total price, the sinal, any other payments and how each is described.
- Deed date and place: a date or deadline, and what happens if either side delays.
- Costs: who pays IMT, stamp duty, the deed and the registration. The buyer normally pays the taxes before the deed, as explained in our tax guide.
- Debts and charges: the seller must deliver the property free of mortgages and debts, or the contract must say how they will be cancelled at the deed.
- Mortgage condition: a clause that returns the sinal if your loan is refused (see below).
- Penalties: any agreed consequences that replace the legal rule.
- Language: a translation for you, and a clause on which version prevails.
What if your mortgage is refused?
The CPCV is usually signed before the bank gives final approval. Without a protective clause, a buyer who cannot get the loan may be seen as failing to complete and lose the sinal. Ask your lawyer to make the contract conditional on the mortgage (condição suspensiva) and to set a deadline and the proof of refusal. Non-resident buyers are typically offered 60% to 75% of the value, so ask the bank for an indication before you sign. See also the money guide for moving the deposit.
How do you pay the sinal safely?
Pay by bank transfer, not cash, and confirm the account number by phone with your lawyer before you send the money. Agree in writing who receives it. Keep the proof of payment and write a clear reference. If you pay from abroad, plan the exchange rate and the delay. A fake email with new bank details is a known fraud, so never accept a change by email alone.
What about the NIF and a fiscal representative?
You need a Portuguese NIF before you can sign a CPCV, and buyers from outside the EU generally need a fiscal representative. Start early, because nothing is signed without it. Our NIF guide explains the steps.
Can you register the promise?
Ask your lawyer whether the promise can be recorded in the property register in your case and whether it is worth it, particularly if the deed is months away or the seller could sell to someone else. This depends on the contract and the property, so we do not give a general rule here.
What are the common mistakes?
- Signing a CPCV before your lawyer has read it.
- Paying a large sinal before checking the registry record and the licence.
- Not describing which payments are sinal.
- Having no clause for a refused mortgage.
- Leaving the deed date open, with no consequence for delay.
- Giving the keys before the deed and without a clear contract.
- Accepting a document only in Portuguese without a translation.
What is the step-by-step checklist?
- Get your NIF and hire an independent lawyer.
- Check the registry record, the tax record and the licence.
- Ask your bank for an indication if you need a mortgage.
- Have your lawyer draft or review the CPCV and translate it.
- Confirm the sinal, the deadline, the mortgage condition and the cost split.
- Sign with the required recognition of signatures and certification.
- Pay the sinal by transfer and keep the proof.
- Prepare for the taxes and the deed.
Why does the completion date matter?
The CPCV usually sets a date or a deadline for the deed, and that date drives everything else: the mortgage approval, the payment of IMT and stamp duty, and the booking of the notary or the Casa Pronta service. A date that is too tight puts pressure on you to complete before the checks are finished, and one that is too loose lets the seller delay. Ask for a realistic window, a clear consequence for delay and a way to extend it by agreement. Remember that the tax rate for non-resident buyers should be confirmed on the date you sign the deed, not only on the date of the CPCV.
Frequently asked questions
What is a CPCV in Portugal?
It is the promissory contract signed before the final deed. It fixes the property, the price, the deposit and the date for the deed, and it binds buyer and seller.
How much is the sinal?
There is no legal percentage in the sources we checked. Around 10% is common, and some sellers ask for more from non-resident buyers.
What happens if the seller backs out?
Unless the contract says otherwise, the seller must return the sinal double.
What happens if I cannot get a mortgage?
Only a clause in the CPCV protects you. Ask your lawyer to make the contract conditional on the loan.
Does a CPCV have to be notarised?
For a home, the signatures must be recognised in person and the licence certified, and a lawyer or notary normally does this. Ask your lawyer to confirm the form.
Sources
Official sources (check these for the current rule):
- Diário da República: Civil Code, arts. 410, 441, 442 and 830
- Portal das Finanças (Autoridade Tributária)
- Casa Pronta (Portuguese Ministry of Justice)
Also cross-checked against published guides, because practice varies between notaries, registries and banks:
This is general information, not legal or tax advice. Rules and rates change, and your situation may differ. Confirm the figures with the tax authority and a qualified lawyer or tax adviser before you commit.
