Right of First Refusal

What Is It?

The Right of First Refusal (Direito de Preferência) is a legal priority granted to certain entities — such as the State, municipalities, or tenants — allowing them to purchase a property under the same price and conditions agreed with a third-party buyer.

What Is It For / Why Is It Important?

Public Interest Control
Allows public authorities to acquire properties located in historic areas, urban rehabilitation zones, or protected locations for public purposes, including affordable or social housing.

Tenant Protection
A tenant who has legally occupied the property for more than two years may have priority to purchase the home before it is sold to another buyer.

Legal Requirement for Completion
A property sale cannot normally proceed unless proof exists that all parties holding pre-emption rights were properly notified and declined to exercise them.

How Is It Processed?

Public Entities — Casa Pronta Portal
The intended sale must be registered through the Casa Pronta platform, where eligible public entities (municipalities, cultural heritage authorities, etc.) are formally notified.

Tenant Notification
If the property is rented, the seller must notify the tenant by registered letter with acknowledgement of receipt, stating the agreed sale price and conditions.

What Does It Cost?

• Casa Pronta notification: approximately €15

• Responses: free of charge

Public entities have 10 working days to respond.
If no response is received within this period, refusal is automatically assumed (tacit waiver).

Who Has Priority? (Order of Preference)

1. Tenant, if a rental agreement has been in place for more than 2 years

2. Public Authorities, when the property is located in protected or urban rehabilitation areas

3. Adjacent Landowners, in the case of rural or agricultural land

Important Warning

If a property is sold without respecting a legally established Right of First Refusal, the entitled party may challenge the transaction in court and legally acquire the property by paying the same price stated in the deed (Escritura).