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Documents required in transactions

In order to make a real property transaction the owner must have in due time a file prepared to include the following documentation: 

              • The property ownership document;
              • Tax Certificate issued by the Mayor’s Office;
              • Land Register copy issued by the court of law of jurisdiction in the property territory;
              • Identification documents (identity card, passport, driving licence);
  • Marriage Certificate

The property ownership document may be:
- sale-purchase agreement (executed between a seller and a buyer, between a legal person and a natural person);

- donation agreement; 
- property exchange agreement;
- heir certificate;
- 2 copies of the Title Deed (one original and one photocopy);
- one cadaster drawing of the property;

- one photocopy of the owner’s identification document;
- declaration form 

The Tax Certificate is issued by the Mayor’s Office – Taxes and Duties Department and is valid for 48 hours. It must specify the following details: the owner or the owners and their correct name; the correct address of the property; the relevant land area; no debts. Thus, it requires that all and any taxes must be paid up and there must be no unpaid fines on the record. In order to receive the Tax Certificate, the following documentation is required: 

1. Copy of the owner’s identification document;

2. Application form;
3. Tax Certificate fee (to be paid at the Taxes and Duties Department cash desk).

Land Register copy (issued by the National Agency of Cadaster and Real Estate Publicity  – Cadaster and Real Estate Publicity Office  – district Land Register Office) is the most relevant document to show the property legal status. It is valid for 24 hours, that is why it is issued only on the transaction day. If the parties wish to enter into a preliminary agreement, the land register check may be done by telephone. The land register copy must specify the correct address (according to the property title); the correct name(s) of the owner(s) and that the property is subject to no charges.

MENTION: If the property intended for sale was not recorded in the land register, first a public notary should proceed to its registration according to the following documentation:

- 2 copies of the property ownership document (at least one original);
- property drawing;
- property delivery-reception protocol;
- registration application submitted with the Land Register Division of the Law Court.

The identification documents must be within the validity term in order to be of use for the execution of the property sale. If the identification document expired in the course of the current year, identification can be done using the passport or the driving licence. If the ID is so damaged that the seals applied by the relevant bodies are not legible any more, the identification will rely on the latest two documents mentioned above or on two witnesses that know the person concerned.

The marriage certificate is absolutely necessary when the real deed is executed, since the sale-purchase is a deed of disposition which requires the agreement of both spouses and the only document to prove that they are spouses is the marriage certificate. 

For any further information ESPACO Development is ready to help you at the contact number 0726.11.99.88 or on the e-mail address