If you intend to buy a house, you must request the Housing Technical Datasheet (FTD), or for the most recent properties, the Works Book that replaced it, as this document contains the description of the technical and functional characteristics of an urban building for housing purposes, aiming to protect their economic interests.
The FTD is issued after the completion of the construction, reconstruction, expansion or alteration work, according to the content of the final screens duly approved.
This document must comply with a set of legal requirements (see decree law ) and contain a minimum set of information (see below) , possibly accompanied by additional information.
The Housing Technical Datasheet is required for buildings that were built after March 30, 2004, or that have undergone reconstruction, expansion or alteration after that date .
It is not necessary to have an FTD in the following cases:
It is up to the real estate developer (and not the construction company, if they are different entities) to prepare the FTD of the property, being the responsibility of the developer, as well as the technician responsible for the work (whose signature must appear on the FTD), of the form, with the characteristics of the property at the date of completion of the works.The promoter must keep the FTD on file for a period of 10 years and deposit a copy of it with the city council.
The delivery of the original Housing Technical Form to the buyer must take place at the time of writing. Failure to submit the Housing Technical Form implies that the notary has not signed the deed.
If you need to use home loans, you should also know that banks do not grant credit without having this document delivered to you.
In addition, the seller, the real estate agency or other professional who is in charge of commercialization, is obliged to make available, at the places of service and sale to the public, a copy of the Housing Technical Sheet , so that interested parties can obtain all the desired information through the consultation of the referred documents. If the work is not yet completed, there must be a provisional version of the Housing Technical Sheet.
In case the owner misplaces or destroys the Housing Technical Datasheet, he must ask the real estate developer or the city council to issue a duplicate copy of the FTD. The issuance of a duplicate by the city council is made against the payment of a fee to be fixed by the municipal assembly.
If it is necessary to develop a new FTD, you will have to use the services of a Civil Engineer or Architect . The cost of creating a new Housing Technical Sheet depends on the professional's fees, but can count between € 100 and € 200 + VAT
The inexistence of the Housing Technical Datasheet, the inclusion of information that does not correspond to the real characteristics of the housing , or other non-compliances foreseen in the respective law decree, constitutes an infraction , being the responsibility of IMPIC - Institute of Public Markets, Real Estate and Construction , IP, the responsibility for filing an infraction lawsuit to the property developer for damages caused to the buyer. If the prospective buyer wants to formalize a complaint at IMPIC, he will have to identify the promoting entity, the location of the building and the fraction in question and be accompanied by a copy of the FTD.
Fines for incorrect data contained in the FTD, or for non-compliance with the associated obligations, may result in penalties ranging from € 2,490 to € 3,490 or from € 12,470 to € 44,890, depending on whether the offender is a natural or legal person.
The Construction Technical File must be written in Portuguese, in line with the architectural and specialty projects and integrate the changes that occurred throughout the work, as registered in the final screens. The respective legal model can be consulted here .
The Housing Technical Datasheet must contain, among other elements, information on:
In the scope of Simplex + 2016 and in accordance with the Resolution of the Council of Ministers no. 76/2017 , the Housing Technical Datasheet was extinguished and incorporated in the Work Book (regulated by Ordinance no . 1268/2008 ).
In order to simplify the whole process, it is foreseen that both the Book of Works and the Energy Certificate of the property will be consulted in the future Electronic Book of Works .