The right of first refusal can be exercised in the purchase or sale of a particular property

The right of first refusal applies to the purchase or sale of a property. In practice, it works as a legal means to give preference to a certain person or entity, in the purchase or sale of the property in question.

 

This is a legal right, provided for in article 65 of the Constitution of the Portuguese Republic, and in DL no. 89/2021, of November 3, in which whoever is selling has the obligation to give priority to the holder of this right (tenants or public entities).

 

Tenants can enjoy the right of first refusal in the purchase of the property, as long as they comply with some requirements: to be living in the property for a period of more than two years, and to 

 

Do not forget that the tenant loses the right of first refusal in cases where he wants to buy the house for local accommodation purposes or for rent.

 

In practice, this means that, if, for example, you own a property (and it has been rented for more than two years) and you want to sell it, the tenants who live there have the right of first refusal to want to buy the house, in the same way as all those interested in acquiring the property. 

 

The landlord of the property must send a registered letter with acknowledgement of receipt to communicate to the tenant that he is going to sell the house and what the price is. In this way, if the tenant meets the above-mentioned requirements, he may, within 30 days, respond to indicate his intention to enjoy the right of first refusal.

 

However, it is necessary to know if the property is located in an area where public entities may have a right of first refusal over the house. 

 

If the property is in the so-called urban pressure zone (ZPU) or in areas previously identified in the National Housing Program, public entities have the right of first refusal in these cases. By public entities we mean municipalities, city councils, the State and, of course, the autonomous regions of Madeira and the Azores.

 

Urban  pressure zones (ZPU) are areas where, as a rule, the housing supply is scarce or inadequate compared to what most people can afford. This is a problem that has been affecting more and more young people in Portugal, but also families with incomes far below average.

 

The municipal councils are the priority entity to be able to exercise the right of first refusal (in second place are the autonomous regions of Madeira and Azores and finally the State), provided that the property is located in an area of urban pressure, in a protected or rehabilitation area and has been classified or is in the process of being classified

 

To solve the housing problem, municipalities, councils and autonomous regions make use of the right of first refusal in these areas, previously delimited and approved in the Official Gazette and  published in the municipal bulletins and on the website of the municipal councils. This delimitation lasts for five years, and may be changed with a view to reducing or expanding, according to criteria defined in Decree-Law No. 67/2019, of 21 May.

 

SPAs can also include properties that have been vacant for more than two years and are located in the delimited areas.

 

You can find out if your house is located in an area of urban pressure, you can consult the website of the Diário da República, the website of the city councils or the municipal bulletin where the property is located. You can also consult the website of the Directorate-General for Cultural Heritage for properties that have not yet been classified (but are in the process of being classified  

 

Before putting the house up for sale, you must publish the ad on the Casa Pronta portal, through the "New Ad" option and fill out the form, so that, in this way, the legal right of first refusal can be exercised. This ad has a cost of 15 €. Public entities may thus express an interest in exercising the right or not exercising it. This is a service provided by the Ministry of Justice. The advertiser can later consult and monitor the status of the request.