New housing legislation (Decree-Law no. 97/2026) did not only adjust VAT and IRS. Municipal Property Transfer Tax (IMT) underwent one of the most pragmatic overhauls in recent years, designed to curb external speculation, accelerate State collection, and reward acquisitions at controlled costs.
If you plan to buy or sell a home, or if you manage foreign clients in your real estate portfolio, these are the three critical changes that will impact cash flow in your next transaction:
1. The Curb on Non-Residents (Fixed 7.5% Rate)
The legislator created a clear disincentive for home purchases by foreign investors. In the acquisition of urban buildings or units intended exclusively for housing by non-resident buyers, the maximum flat rate of 7.5% invariably applies. At the initial purchase stage, there is no entitlement to exemptions or rate reductions.
However, the State permits the cancellation and refund of overpaid tax if the buyer fulfills one of the following criteria:
- Becomes a tax resident in Portugal within a maximum of two years after acquisition.
- Proves that they had already been considered a tax resident in Portugal in the past.
- Allocates the property to the residential rental market at moderate rent (not exceeding legal limits, capped at €2,300 per month in 2026) within six months of purchase, and maintains it effectively rented for at least 36 months during the first five years.
In these regularisation scenarios, the owner has six months (counting from the date they become resident or sign the lease agreement) to request the tax difference refund from the Tax Authority.
2. The Bonus for Cost-Controlled Housing (Habitações de Custos Controlados - HCC)
In contrast to the surcharge on external investment, the decree introduced benefits for those acquiring a Primary Residence (HPP) classified as Cost-Controlled Housing.
- The acquisition is exempt from IMT provided the property value does not exceed the limit of the 1st tax bracket (which, in 2026, stands at €330,539).
- If the purchase value exceeds this threshold, the excess benefits from reduced rates applicable under IMT Jovem.
- Buyers also gain entitlement to a tax deduction against Stamp Duty (Imposto do Selo) borne on the acquisition.
The "fine print" you cannot ignore: to access this benefit in HCC, the law dictates that the buyer must not have been the holder of property rights (or any partial figure of that right) over any residential property in the three years preceding the purchase date.
The real estate market in 2026 leaves no room for improvisation at the deed signing. Whether structuring the sale of a property portfolio to foreign clients or planning your own acquisition to avoid surprises with new rates and settlement deadlines, our team provides proper guidance at the time of acquiring your property.













