Arts. 18º–19º, DL 101-D/2020Decreto-LeiArts. 22º–23º and 29º, DL 101-D/2020Decreto-Lei

Energy Certificate Requirements for Rentals in Portugal: A Complete Guide

Portuguese law generally requires an energy certificate when a building is rented, subject to statutory exceptions. Learn when certification applies, what must be shared, how advertising works, and how to obtain a certificate.

Legal Guide
4 min read
4 sections
4 FAQs

1What Is the Energy Certificate and Why Is It Mandatory?

The certificado energético is a digital document generated through the Sistema de Certificação Energética dos Edifícios (SCE) from information submitted by a qualified expert. It records the building's energy performance and energy class.

Under DL 101-D/2020, certification generally applies when a building is rented. For a building in horizontal property, certification is normally performed for the autonomous fraction being rented. The law contains exceptions, including a landlord's habitual residence rented for less than four months and a new rental to the person who was already the tenant immediately before it. Other building-specific exceptions may also apply, so do not describe the rule as covering every rental without exception.

Where certification applies, the owner must provide a copy of the certificate, or digital access to its information, before a promissory rental agreement or rental agreement is concluded, and provide the original before the definitive contract. Advertising for the transaction must show the energy class. A standard energy certificate is generally valid for 10 years, but shorter periods apply to certain certificate and building types.

2How to Obtain an Energy Certificate

The process for obtaining an energy certificate involves:

1. Confirm that certification applies — Check the transaction and building against the scope and exceptions in DL 101-D/2020 2. Find a qualified expert — Use the official SCE/ADENE register to locate a perito qualificado 3. Arrange the required visit — The qualified expert must visit the building or fraction to collect and verify the information needed for certification 4. Receive and verify the certificate — The digital certificate is generated through the Portal SCE and should be registered there

Fees and scheduling depend on the qualified expert and the property, so request a written quote and expected delivery date. Plan the work before advertising and contracting: where certification applies, the advertisement must display the energy class and the tenant must receive the required information before the contract is concluded.

3What the Energy Ratings Mean for Tenants

The certificate gives prospective tenants standardized information about the property's assessed energy performance. It also identifies building components and measures that may improve energy performance, comfort, or energy needs.

Use the certificate to compare properties, but do not treat the class as a guaranteed utility bill. Actual consumption depends on occupancy, weather, energy prices, equipment, and how the home is used. Recommendations in the certificate identify possible improvements; they are not a promise that the landlord will carry them out.

4Common Mistakes to Avoid

For landlords:

Assuming every rental has identical certification treatment instead of checking the statutory scope and exceptions
Advertising a covered transaction without the energy class
Failing to provide the required certificate information before contracting
Relying on a certificate that has expired, is not registered in the Portal SCE, or has been replaced by a newer certificate

For tenants:

Signing without reviewing the certificate information where certification applies
Treating the energy class as a guaranteed estimate of monthly energy costs
Assuming the recommendations in the certificate are promised works

For both parties:

Confusing the energy certificate with the property-use licence — they are separate documents governed by different rules

Legal References

Arts. 18º–19º, DL 101-D/2020Decreto-Lei

Requires energy certification when a building is rented, subject to statutory exceptions, and defines the certification unit for buildings and autonomous fractions.

Arts. 22º–23º and 29º, DL 101-D/2020Decreto-Lei

Requires the energy class in transaction advertising, governs certificate validity, and requires the owner to provide certificate information before the rental contract is concluded.

This guide is for informational purposes. For specific legal advice, consult a Portuguese lawyer.

Frequently Asked Questions

Is an energy certificate mandatory for renting in Portugal?

Generally, yes. DL 101-D/2020 requires certification when a building is rented, but it also contains exceptions. Where the requirement applies, the owner must provide the certificate information before the rental contract is concluded and the advertisement must display the energy class.

How much does an energy certificate cost in Portugal?

Fees are set by the qualified expert and vary with the property and assignment, so request a written quote. A standard energy certificate is generally valid for 10 years, while shorter validity periods apply to certain certificate and building types.

What is the penalty for renting without an energy certificate?

DL 101-D/2020 sets fines of €250–€3,740 for individuals and €2,500–€44,890 for legal persons for covered certification, owner, mediation, and advertising breaches. The exact offence and responsibility depend on which obligation was breached.

Can a tenant refuse to sign a lease without an energy certificate?

Where certification applies, the owner must provide a copy or digital access to the certificate information before the rental contract is concluded. A tenant who has not received it should request it before signing and obtain legal advice if the parties disagree about an exception or the consequences of non-compliance.

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