Right of first refusal in Portugal: who has priority when buying real estate?

In Portugal, the right of first refusal is a legal mechanism that allows certain people or entities to have priority in the purchase of a property when it is put up for sale. That is, before the seller closes a deal with any buyer, he has to offer the property to whoever has this right, under the same conditions.

🏠 Who can have the right of first refusal?

• Tenants who have lived for more than two years in a rented property

• Housing and construction cooperatives

• Public entities such as the State, municipalities, autonomous regions and the Directorate-General for Cultural Heritage, especially in:

  • Urban Rehabilitation Areas (ARU)

  • Areas of urban pressure

  • Properties classified or in the process of being classified

  • Protected areas or areas of public interest2

📅 Time limit for exercising the right

• The entity or person with the right of first refusal has 10 working days to respond after being notified of the intention to sell.

• In the case of tenants, the deadline is usually 30 days.

🧾 How does it work in practice?

1. The seller communicates the intention to sell and the terms of the deal.

2. The person or entity with the right of first refusal decides whether to buy the property under the same conditions.

3. If the seller does not exercise the right within the deadline, he can proceed with the sale to the original buyer.

This right is a way to protect those who already have a connection to the property or to ensure that the State can intervene in strategic areas for public housing policies.