The cost of construction contracts has been one of the biggest bottlenecks for real estate developers and promoters. Aiming to boost supply, the new Housing Package (Decree-Law no. 97/2026) introduced a major measure: Item 2.42 of List I attached to the VAT Code, which allows applying the reduced rate (6%) to construction or rehabilitation contracts.
However, dropping the tax from 23% to 6% on a project worth hundreds of thousands of euros is not automatic. The Tax Authority defined strict rules and red lines that, if crossed, force the developer to refund the tax with interest.
If you have projects in the pipeline, here is the roadmap to secure this savings safely:
1. Purpose and Value Limits
Your building or unit only qualifies for the 6% rate if it is allocated to one of two very specific purposes:
- Sale for Primary Residence (Habitação Própria e Permanente - HPP): The final sale price cannot exceed the maximum value of the 2nd IMT bracket, which in 2026 is fixed at €660,982.
- Residential Rental: The rent amount cannot exceed 2.5 times the Minimum Wage, which equates to a cap of €2,300 per month in 2026. (Note: If a single building contains both eligible residential apartments and commercial shops, the 6% rate only applies to the proportion of the contract corresponding to the eligible residential area. The remainder pays 23%.)
2. The Deadline Clock
Building with 6% VAT requires placing the property on the market quickly. From the moment the "start of use" document (documento de início de utilização) is issued by the Municipal Council, the clock starts ticking:
- You have 24 months to execute the deed of sale or to bring the first lease agreement into force.
- In the case of rental, a "retention period" applies: the property must be effectively rented for at least 36 months (consecutive or interpolated) during the first 5 years.
3. Who is at Fault if Rules Fail?
This is the concern that has most alarmed real estate promoters: What if I build at 6% and, in the end, sell the house to someone who turns it into Local Accommodation or a holiday home? The law surgically separated responsibilities:
- Promoter's Fault: If you sell the property for more than €660,982, fail the 24-month deadline, or forget to explicitly state in the deed that the property was constructed under "Item 2.42.1". In these cases, the promoter must submit a replacement declaration and pay the State the VAT difference (from 6% to 23%), plus heavy compensatory interest.
- Buyer's Fault: If the promoter complies with price caps and inserts all terms correctly in the deed, but the buyer breaks the promise and does not move in within six months, the construction VAT is unaffected. The penalty falls exclusively on the buyer, who will face an IMT surcharge corresponding to 10% of the property value.
The Window of Opportunity: To benefit from this regime, your project's licensing request (or prior communication) must be submitted to the Municipal Council between September 25, 2025, and December 31, 2029.
Structuring VAT in a real estate project often dictates the viability of the entire business. Before launching your next construction contract and signing agreements with builders, speak with our team. We support your company through budget and accounting planning to safeguard your tax benefit.










