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Understanding the terms used in real estate is fundamental for understanding this sector |
| The terms used in this glossary were taken from the " DICIONÁRIO DO IMOBILIÁRIO - Habitação Construção e Urbanismo", (Real Estate Dictionary - Housing, Construction and Urbanism) published in Portuguese by " CIVIS - Informação do Cidadão e da Empresa, Lda". Translator's note: to preserve the alphabetical order of the glossary, the Portuguese terms are given first, usually followed by the closest equivalent expression in English, and then the explanation of the term. |
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| 1) ALDEAMENTOS (VILLAGE DEVELOPMENTS) - Nearly always related to tourism, comprising either separate houses or blocks of 1 to 2 storey houses. When such developments are on a relatively small scale they do not have a full range of social facilities. The terms in Portuguese has a clear marketing purpose: the root word "aldeia" means "village" and so "aldeamento" appeals to the rural memory of the potential city buyer who is looking for a lost rural paradise. |
| 2) ALDEAMENTOS TURÍSTICOS (TOURIST VILLAGES) - Building projects for the housing of tourists, made up of several interdependent complexes that include autonomous furnished and equipped housing units and support service facilities. The villages are classified by having 3, 4 or 5 stars and are considered as "multi-owner village developments" when they confirm to the regime of horizontal ownership ("regime da propriedade horizontal"). |
| 3) ALVARÁ (LICENCE) - Document issued by an administrative authority that certifies the authorisation (licensing) to carry out a certain activity. There are numerous commercial and industrial activities that require an administrative licence. For example, civil construction and public works, real estate agency work, rent-a-car services, private security, and insurance activity. Common types of licences related to housing include municipal licences, construction licences and utilisation licences. |
| 4) ANDAR (FLOOR) - Storey or level of a building above the ground floor. In a residential building a storey can have several apartments. The term is also used to mean an apartment. |
| 5) ANEXOS (ANNEXES) - Term used mainly in residential real estate to refer to one or more buildings, connected or not to the main body of the building, used for storage or for certain domestic services. |
| 6) APARTAMENTO (APARTMENT) - Home in a multi-family building normally made up of an autonomous fraction in the regime of horizontal ownership. |
| 7) APARTAMENTOS TURÍSTICOS (TOURIST APARTMENTS) - Building projects made up of autonomous furnished and equipped accommodation units, in apartment blocks or houses, with common support services, and destined for tourist accommodation. |
| 8) APARTHOTEL (APARTMENT HOTEL) - A facility made up of a group of at least 20 furnished and independent apartments in one of more specific buildings, run as a hotel. |
| 9) ÁREA COBERTA (COVERED AREA) - Surface area of home delimited by the external wall perimeter (for single family homes) or by the mid-point of dividing walls (for homes in multi-family buildings. Includes the covered balconies that are part of the approved plans, as well as the respective share of the common access areas for that floor of the building. Excludes garages and parking areas, isolated storage areas, verandas and terraces. |
| 10) ÁREA DE CONSTRUÇÃO (CONSTRUCTION AREA) - Measured using the outside of external walls of the covered areas or the area of the floor, of a construction. In the context of urbanisation indices, the construction area is the sum of all the areas described above for all floors of all buildings in a certain area. |
| 11) ÁREAS DE HABITAÇÃO (LIVING AREAS) - Surface area measurements, in square centimetres or square meters, limited by the internal or external surface of rooms walls (the measurement made using the interior surface of the walls gives the useful area while that made using the external surface is the gross area).
The useful area of a room is the floor area of this room, less areas occupied by pillars and areas with headroom less than the minimum regulatory height (1,8m); for rooms that occupy 2 floors, the room area is made up of the area of the 2 floors and the plan area of the internal connecting stair.
The useful area of a home is the sum of the useful areas of all the room in this home, plus the area allocated to this home destined for clothes' washing and drying.
The useful area of a room is the sum of the useful areas of the rooms in a home and of the rooms of the annexes of this home that taken together comprise the home in question.
The area of a home is, for each storey occupied by the home, the area delimited by the external boundary of the walls that separate the home from the common areas of the building, by the mid-points of the walls that separate the home from the rest of the building and by the external boundaries of the external walls of the building. The sum of the areas thus determined for the different storeys of the home gives us the area of the home.
The gross area of a home is the sum of the area of this home with the proportional share corresponding to the area of the home of the difference between the area of the building and the sum of the areas of all the homes that make up the building. |
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| 12) CADASTRO PREDIAL (PROPERTY REGISTER) - The Portuguese term comes from the French word "cadastre" and refers to the register in which the ownership of a property is recorded. In the past, "cadastro" was the tax paid by nobles and commoners on all fixed income and all properties that produced annual rents.
The property register includes cartographic and geometric records of the property (whether rural or urban) and identifies the pieces of land and the respective owners. Prepared with fiscal and legal objectives in mind, the property register enables the location, dimensions and legal situations of property to be known as accurately as possible, thus allowing better territorial planning and management.
The IPCC (The Portuguese Institute of Cartography and Property Records - "Instituto Português de Cartografia e Cadastro") is responsible for the definition and scheduling of the actions for maintaining the property records, and for central coordination thereof and for urban control. In Portugal, only about 50 per cent of buildings are properly recorded. The IPCC is encouraging the renewal of the property register to ensure, through the introduction of information technology, that the information contained therein is more correct. |
| 13) CADERNETA PREDIAL (PROPERTY REGISTRATION BOOK) - Document issued by the tax office of the area of the building containing the inscription number of the property, building or autonomous fraction in the property register. This document proves who owns the real estate in question. |
| 14) CERTIDÕES CAMARÁRIAS (COUNCIL CERTIFICATES) - Documents issued by council departments testifying to certain resolutions or decisions, or containing information or facts related to activities that come under the attributions of the municipality. |
| 15) CLÁUSULA PENAL (PENALTY CLAUSE) - Contractual clause of responsibility in which the contracting parties fix, by agreement, the amount of compensation that can be demanded in the case of default or defective compliance (article 810 of the Portuguese Civil Code). The amounts fixed in penalty clauses can be reduced by a court, in accordance with legal criteria, when these are obviously excessive. See "Sinal" - Down payment; "Execução específica" - Specific performance; "Contrato promessa" - Promissory contract; and "Rescisão" - Rescission. |
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16) CLÁUSULAS CONTRATUAIS GERAIS (GENERAL CONTRACTUAL CLAUSES) - The legal regime of general contractual clauses was established by Decree-Law n.º 446º/85, of 25.10.1985, adapted by the alterations introduced by Decree-Law n.º 220/95, of 31.08.1995. Legal definition: Clauses prepared beforehand that proponents or undetermined parties for whom the clauses are destined, are confined to, respectively, subscribing or accepting.
The referred Decree-Law sets out the regulations related to the inclusion of general contractual clauses in specific contracts, the interpretation and integration of general contractual clauses, prohibited general contractual clauses and their invalidity in relations between businessmen and similar organisations and in relations with final consumers. See "Contrato" - Contract. |
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17) COMPRA E VENDA (SALES CONTRACT) - Contract through which the ownership of a thing or right is transmitted for a price.
Real estate sales contracts are only valid if celebrated in the form of a public deed (article 875 of the Portuguese Civil Code), except if the sale is one involving a loan, with or without a mortgage, of an urban building or autonomous fraction destined for habitation, and where the lender is a credit institution authorised to concede credit for housing (Decree Law n.º 255/93, of 15.07.1993, and article 81, paragraph "d" of the Portuguese Public Notary Code). In the sales contract, the transmission of the ownership of the property or the right to the purchaser is not dependent on the payment of the price except if this is agreed in the ownership reservation contract. Unless agreed otherwise, the expenses of the contract and other accessory expenses are borne by the purchaser (article 878 of the Portuguese Civil Code). (Check Article 874 of the Portuguese Civil Code). See "Contrato" - Contract. |
| 18) COMPROPRIEDADE (JOINT OWNERSHIP) - Joint ownership exists when two or more people are, simultaneously, holders of ownership rights over the same thing (article 1043 of the Portuguese Civil Code). The rights of the joint owners over the thing are qualitatively equal although they may be different quantitatively. Unless indicated to the contrary in the joint ownership deeds, the shares of the joint owners are assumed to be quantitatively equal.
The joint owner has right of preference and is first in line among legally preferred parties in the case of the sale or payment, to outside parties, of the share of any of the other joint owners (article 1409 of the Portuguese Civil Code).
See "Propriedade horizontal" - horizontal ownership and "Condomínio" - Condominium. |
| 19) CONDOMÍNIO (CONDOMINIUM) - Specific joint title holding in the regime of horizontal ownership characterised by the fact that the fractions of the same building are independent units, autonomous and separate from each other, belonging to different owners. A licence must be obtained from the municipality where the building is located before the building can be divided into horizontal ownership and a condominium established. Before such a licence can be granted, an inspection certificate must be obtained that contains a statement of the autonomous fractions in which the building can be divided as well as their use and a description of the common areas and zones that are presumed to be common.
The common areas and presumably common areas are jointly owned by all the joint owners or by those people to whom their use has been attributed. The regulations governing the regime of horizontal ownership are set out in articles 1414 and following of the Portuguese Civil Code. See "Propriedade horizontal" - Horizontal ownership, and "Fracção autónoma" - Autonomous fraction. |
| 20) CONDOMÍNIO FECHADO (CLOSED CONDOMINIUM) - The expression used in Portugal is adapted from English real estate law. The term refers to a promotion project in which a piece of land is divided into lots and sold or rented to several purchasers or tenants and in which all of these people agree with the common vendor or landlord to comply with certain regulations. This is not recognised under Portuguese law. |
| 21) CONJUNTOS TURÍSTICOS (TOURISM GROUPINGS) - Building projects comprised of installations, contained in a defined area, that are functionally interdependent and administered by the same organisation, and that include various tourism projects for providing accommodation, catering, sporting and other leisure/entertainment services for tourists (Refer to Decree-Law n.º 327/95, of 5.12.1995). |
| 22) CONSTRUÇÃO CIVIL (CIVIL CONSTRUCTION) - Engineering construction works that do not include specialist tasks that require special facilities (mechanical and electrical). At the beginning of the 19th Century the term covered all non-military engineering work.
In normal, everyday construction sector speech, civil constructors ("construtores civis") are those self-employed building contractors whose main activity is the construction of buildings and the subsequent sales of fractions thereof to private individuals.
The term "alvará de construção civil" - civil construction licence refers to a licence held by companies with experience of private construction and which are legally permitted to execute such work. Companies that have experience and legal permission for carrying out works for the Portuguese State have an "alvará de obras públicas" - public works' licence. |
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23) CONSULTOR IMOBILIÁRIO (REAL ESTATE CONSULTANT) - A person with suitable training to provide consultancy services in the real estate sector. Suitable training is considered to consist of solid preparation in each and every one of the following areas: Real Estate Investment, Real Estate Promotion, Real Estate Agency work, Real Estate Evaluation and Real Estate Management.
Such training is provided on an academic level in several countries throughout the world, particularly in Europe and the United States. In Portugal, advanced training in Real Estate is given by ESAI * - "Escola Superior de Actividades Imobiliárias" - Advanced School of Real Estate Activities.
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| 24) CONTAS POUPANÇA HABITAÇÃO (HOUSE PURCHASE SAVINGS ACCOUNT) - A credit tool aimed at strengthening citizens' house-buying capacity. The holders of these accounts benefit from certain incentives such as the guaranteed right to obtaining a loan for buying their own house, income tax deductibility of an amount set out annually by law, participation in a lottery with five, monthly prizes, and a reduction of 10 per cent in the costs of public notary deeds and property registration. |
| 25) CONTRATO - An agreement between two parties through which a legal relationship is established, modified or extinguished. The validity of a contract is not dependent on the observance of any special form, except when this is required by law. Within the limits of the law, the parties can freely determine the content of contracts, signing contracts different to those foreseen in the law and including in these the clauses that they mutually approve. The parties can also join in the same contract the rules for two or more deals, totally or partially regulated by law. This principle of contractual freedom is not applicable for those deals whose object is physically or legally impossible, contrary to the law or indeterminable in this regard, contrary to public order or offensive to good manners.
Public order should be understood to be the group of fundamental principles inherent to the legal system that form the basic foundations on which economic and social order is based. The principle of contractual freedom is also limited by the regulations that must govern some types of contract - general contractual clauses *. These limitations seek to protect the weaker or less experienced contractual party. These limitations can also refer to inalienable rights, that is, those rights that cannot be signed away by the parties, and to the general contractual rules. Contracts that are celebrated without fulfilling the written form prescribed under the law are considered null and void unless there is another special sanction foreseen in the law (Refer to Article 219 and the following articles 280 and 405 and following of the Portuguese Civil Code). See "Contrato-promessa" - promissory contract. |
| 26) CONTRATO PROMESSA (PROMISSORY CONTRACT) - An agreement by which one party undertakes to celebrate a certain contract. The promise to celebrate a contract for which the law requires a document, whether this is an official authenticated one or a private document, is only valid if it is contained in a document signed by the party that is being bound or by both parties, depending on whether the contract is unilateral or bilateral. In the case of a promise to sign a contract involving payment for the transmission or establishment of a real right over a building or an autonomous fraction of a building that is already built, in construction or to be built, the promissory contract must be signed in the presence of a public notary who must also certify the existence of the respective licence for utilization or construction (Refer to Article 410 of the Portuguese Civil Code). See "Execução Específica" - Specific Performance. |
| 27) CONTRIBUIÇÃO AUTÁRQUICA (MUNICIPAL PROPERTY RATES) - A municipal tax on the rateable value of the properties located in each municipality. Rates can be rural or urban, depending on the classification of the properties. The rateable value of the buildings is their patrimonial value as determined in terms of the Assessment Code ("Código das Avaliações"). However, as this code is not yet in use, properties continue to be assessed according to the rules of the old Property Rate Code ("Código da Contribuição Predial") and of the Agricultural Industry Tax ("Imposto sobre a Indústria Agrícola"), approved by Decree-Law n.º 45104, of 01/07/1963. The municipal rates percentages are as follows: properties - 0,8 per cent; urban properties - 1,1 per cent to 1,3 per cent (Refer to Articles 1, 7 and 16 of the Municipal Property Rate Code ("Código da Contribuição Autárquica"), approved by Decree-Law n.º 442-C/88, of 30/11/1988). |
| 28) CONTA POUPANÇA HABITAÇÃO (HOUSING SAVINGS ACCOUNT) - Bank account held in the name of a person who undertakes to make regular deposits of certain amounts. After a specified length of time (normally one year) this person has the right to obtain a loan to finance the purchase of a home. The amounts deposited annually are deductible, up to a certain limit, from personal income tax ("IRS")*. |
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| 29) DENSIDADE HABITACIONAL OU POPULACIONAL (HOUSING OR POPULATION DENSITY) - The ratio of the number of homes or people per unit of area. The latter is usually the hectare for urban matters and the square kilometre for matters of a regional or national nature. A very low value for housing density would be 3 homes per hectare, while 100 homes per hectare would be an average value and a very high value would be 250 homes per hectare. As the average family in Portugal in 1991 had 3 members (less in the urban areas of Lisbon and Oporto) housing density figures can be converted to population density values by applying a factor of 3 (or 2,9 in the metropolitan areas of Lisbon and Oporto). |
| 30) DENÚNCIA DE CONTRATO (DENOUNCEMENT OF CONTRACT) - A declaration made by one of the contracting parties during the execution of a certain contract and normally made before the end of the planned contractual period stating that he does not wish to continue or renew the contract in question. In rental contracts, with the exception of those rental contracts signed under the terms of article 98 and following of the Urban Rental Regime (Regime de Arrendamento Urbano - RAU*), landlords do not have the right of denouncement. The denouncement of a rental contract by the tenant requires only that a communication be sent to the landlord with the notice period foreseen in article 1055 of the Portuguese Civil Code. |
| 31) DISTRATE (ANNULMENT) - The extinction of contractual relations by an agreement of the parties. For example, the voluntary annulment of a mortgage loan consists of the extinction of the mortgage by the creditor once the debtor has made all the payments owed. The creditor will then issue a document certifying the extinction of the loan. See "Hipoteca" - Mortgage Loan. |
| 32) DOMICILIO (DOMICILE) - Habitual residence. A person has domicile in his habitual place of residence. If he resides alternately in several places, he must be domiciled in one of them. In the absence of a habitual place of residence the person is considered to be resident in the place of his occasional residence. In the absence of the latter, he is considered resident in the place where he is to be found currently. Professional domicile is considered to be the place where a person carries out his profession (articles 82 and 83 of the Portuguese Civil Code) |
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| 33) EDIFICIO (BUILDING) - A structure that is usually closed and composed of, at least, walls and a roof, and that is constructed with the objective of sheltering people, animals or goods. |
| 34) EMOLUMENTOS (EMOLUMENTS) - Fees to be paid for services rendered by public administration workers. |
| 35) EXECUÇÃO ESPECIFICA (SPECIFIC PERFORMANCE) - When an obligation is not fulfilled by a debtor the carrying out, by the creditor, of an action to obtain contractual satisfaction of the violated right. An example would be when, in the case of a promissory contract, the non-defaulting party brings a legal action - a specific performance of the contract - to bring about the sale of the promised building by obtaining a court decision that brings about the declaration of the defaulting party (sales deed) (article 830 of the Portuguese Civil Code) |
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| 36) FIADOR (GUARANTOR) - A person who assures that an obligation of another person will be fulfilled, being responsible for the debtor to the creditor and covering the legal and contractual consequences of tardiness or default on the part of the debtor (article 627 of the Portuguese Civil Code). |
| 37) FINANCIAMENTO (FINANCING) - The obtaining of the capital (financial resources) necessary for an economic activity (construction, housing, town planning, etc.), for a company's activity or for the production of a specific economic item. Financing can be obtained from an entity's own resources (self-financing) or from other sources. Depending on the length of repayment of the loan, financing can be classified as short-term (repayment period of less than 18 months), medium-term (up to 3 or 5 years) or long-term. Depending on the nature of the entity wishing to obtain the financing, the classification of "public" or "private" is used. |
| 38) FRACÇÕES AUTÓNOMAS (AUTONOMOUS FRACTIONS) - These are independent units that make up a building. They must be clearly defined and separated from each other, each having their own exit to a common area of the building or to a public road, and the building should be under the regime of horizontal ownership (article 1414 of the Portuguese Civil Code). See "Propriedade horizontal" - Horizontal ownership. |
| 39) FREGUESIA (PARISH) - A territorial unit with executive and decision-making bodies - "junta de freguesia - parish council" and - "assembleia" - parish assembly - whose members are elected by those people who reside within the respective area. |
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40) GARANTIA BANCÁRIA (BANK GUARANTEE) - An obligation assumed by a credit institute (bank) to compensate someone in the event of the non-fulfilment or imperfect fulfilment of a contract. Should the bank guarantee document contain a first demand clause ("à primeira apelação") there can be no argument over the fulfilment or not of the contract and it is sufficient for there to be a claim made by the beneficiary of the guarantee. A bank guarantee can be for a certain length of time or for an indefinite duration (no limit). |
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| 41) HABITAÇÃO UNIFAMILIAR (SINGLE FAMILY HOME) - Home destined to be used by just one family. |
| 42) HIPOTECA (MORTGAGE) - A real guarantee that confers on the creditor the right to be paid the value of certain property items, or similar, belonging to the debtor or to a third party. The creditor has preference over other creditors unless these have special privileges or priority to registration. A mortgage can be classified as "legal" - when the creditors in question belong to certain groups fixed in the law: the State and local authorities, food creditors, workers, minors, prohibited and incapacitated; "judicial" - when based on a judicial decision; and "voluntary" - when the mortgage in question arises from a contract or a unilateral declaration (article 686 of the Portuguese Civil Code). |
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| 43) IMOBILIÁRIO (Segmento do) (REAL ESTATE (Segment of)) - Real Estate can be segmented on a functional basis (residential, business and leisure) and by organisation (simple, structured and integrated). |
| 44) IMÓVEL (PROPERTY) - Rural and urban property, water, trees, bushes and natural fruits when connected to the soil, the rights inherent to these things and parts of rural and urban properties that are connected to these in a permanent way (article 204 of the Portuguese Civil Code). |
45) IMPOSTO (TAX) - A definitive and unilateral payment (without right to repayment or retribution) established by the law in favour of the State for the carrying out of public matters. Taxes are not sanctions for illicit acts.
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| 46) INALIEBILIDADE DA HABITAÇÃO (NON-TRANSFERABILITY OF HOUSING) - A limitation on the right of ownership whereby the owners of the house cannot transmit this to a third party for a certain legally determined period of time. For example, homes built with the financial support of the National Housing Institute (INH - Instituto Nacional da Habitação) are subject to the non-transferability regime for five years. Similar cases are those involving Housing Development Contracts (CDH - contratos de desenvolvimento habitacional) and cooperatives).
The regime of non-transferability must be registered and automatically comes to an end with the death or permanent and absolute disability of the owner or of the respective spouse. If the owner or the cooperative wishes to sell the home before five years have elapsed from the date of purchase or issue of the respective utilisation licence *, he/it can request the National Housing Institute to lift the non-transferability limitation in exchange for the re-payment to the Institute of the financial support given in relation to the home in question.
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| 47) INSTITUIÇÕES DE CRÉDITO (CREDIT INSTITUTIONS) - A company constituted in accordance with the special legislation related to credit and with legal powers to grant credit in one of the following ways:
Loans, factoring, financial leasing. In accordance with the legislation published at the end of 1992 (Decree-Law n.º 298/92 of 31/12/1992) to adapt Portuguese laws to those of the European Union, the following types of credit companies can be constituted: banks, State Savings Bank ("Caixa Geral de Depósitos"), savings banks, agricultural savings banks, investment companies, financial leasing companies, factoring companies, and credit purchase finance companies. All these organisations are subject to special rules and to the supervision of the Bank of Portugal as a way of guaranteeing the safety of the credit and the confidence of the public. Apart from credit companies there are also other financial companies such insurance companies and fund management companies. |
| 48) INVESTIMENTO IMOBILIÁRIO (REAL ESTATE INVESTMENT) - An act carried out by any person, individual or collective, of Public or Private Law, of a permanent or occasional nature, that is characterised by making expenditure for the creation or purchase and keeping of real estate assets. This can be from the perspective of benefiting from income in the future, of realizing a capital gain in the short, medium or long term, or satisfying the investor's own installation needs.
There are two basic and well-defined types of real estate investment:
The investment made with a view to the future enjoyment, by the investor, of income or short, medium or long term capital gains, and the investment made to meet the investor's own installation needs. The first type of investment is called pure investment while the second is known as use-investment. The term "real estate investment" should not be confused or associated with the term "real estate promotion".
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49) JURO (INTEREST) - Income produced by a capital sum during a certain period. Normally defined by a percentage value: the interest rate.
The annual interest rate expresses the percentage income value of a capital unit during one year: r = i/c x 100 in which r = annual interest rate; i = interest; c = capital. Instead of using a period of one year it may, however, be necessary to calculate interest for shorter periods of time, such as a month, a quarter or six months. Two methods can be used for converting the annual interest rate for use in each of these periods (month, quarter or six months): the proportional rate method, which consists of dividing the annual rate by the number of sub-periods (12, 4 or 2); and the equivalent rate method, given by the following formula: r´= (1+ j) 1/m -1, in which r´= equivalent rate; r = annual interest rate; n = number of periods.
An interest rate is thus obtained which, when the monthly, quarterly or six-monthly interest is capitalised, gives exactly the same income.
The following simple example shows the following interest rate for the two methods for an annual interest rate of 12 per cent:
PERIOD INTEREST RATE METHOD: Proportional Equivalent
Monthly 1% 0,9488793%
Quarterly 3% 2,8737345 %
Six-monthly 6% 5,8300524 %
As can be clearly seen, the periodic interest rate calculated using the proportional method produces an annual income and, therefore, an effective or real annual income rate that is higher than the nominal annual interest rate referred to in the contract. This is, therefore, a method that has advantages for the banks or other credit institutions that normally use it. The method of equivalent interest rates was adopted many years ago for credit for the purchase of owner's houses. This was done initially by the "Caixa Geral de Depósitos" (State Savings Bank) and other special credit institutions. The method was adopted later by the other banks for long-term credit for the purchase of houses. |
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| 50) KITCHENETTE - English word used in Portuguese. A small space used for food preparation. Sometimes connected directly with the living area of the apartment, with concertina doors or screens being used to conceal the kitchenette from the view of people in the living area. |
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| 51) LAR (HOME) - Place of abode of a family; matrimonial domicile; family residence, chosen by joint agreement of the spouses, after giving consideration to the demands of their professional lives and the interests of their children, seeking to protect the unity of family life; the place of abode of a family can be rented to either of the spouses after a divorce, taking into consideration the needs of one of the spouses and the couple's children (article 1793 of the Portuguese Civil Code). The sale, burdening or renting of the property where the home is situated or the place of abode of the family always requires the consent of both spouses, even in cases where the referred property may be owned by just one of the spouses or if the couple are married under the regime of separation of assets. |
| 52) LAYOUT - English word used in Portuguese. The setting out of the elements that constitute the interior and exterior of a building and that characterises, in a well-defined way, the building's configuration. |
| 53) LICENCIAMENTO MUNICIPAL (MUNICIPAL LICENCING) - The municipal council is the state body with the powers to approve projects and issue licences for works and for the utilisation of buildings. These powers can be delegated by the chairman of the municipal council to the councillor responsible for the area of urbanism. (Decree-Law n.º 445/91: Licensing of private works). |
| 54) LICENÇA DE CONSTRUÇÃO (CONSTRUCTION LICENCE) - A document issued by the municipal council of the area where the property is located that authorises the construction, expansion or alteration of a property. It is only issued if the project has been approved and all legal requisites have been complied with. |
| 55) LICENÇA DE UTILIZAÇÃO (UTILISATION LICENCE) - A document issued by the municipal council of the area where the property is situated that defines the type of utilisation permitted for a certain building or fraction thereof. This can be for housing, or non-housing purposes (commerce or industry). Only buildings or fractions the suitability of which has been certified by a utilisation licence resulting from an inspection carried out eight years before the celebration of the rental contract can be the object of a rental contract (article 9 of the Urban Rental Regime (RAU*)). |
| 56) LOTE (LOT) - A part of a piece of land that has been sub-divided. In real estate terms, "lot" refers to the property or group of properties put up for sales, most often when this sale is done at an auction. |
| 57) LOTEAMENTO (SUBDIVISION INTO LOTS) - This includes all actions that have the objective or effect of sub-dividing a piece of land into lots. These can be of any size and of one or several properties, as long as at least one of the lots is destined for immediate or later urban construction. (Decree-Law n.º 448/91, of 29.10.1991; Legal regime for urban sub-division into lots; Regulatory Decree n.º 68/91, of 29.10.1991; Regime for licensing of operations for sub-division into lots; Law n.º 91/95, of 2.09.1995; Process for reconversion of urban areas with special legal status). |
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| 58) MAIS VALIA (CAPITAL GAIN) - The increase in the value of a property resulting from works or improvements, or the expectation of same, that favour the location or use of the property, and that does not involve any action on the part of the owners. This is, therefore, an increase in value that is free from the owner's point of view as he has spent nothing nor contributed in any way for such an increase to occur. |
| 59) MATRIZ PREDIAL (PROPERTY REGISTER) - The property records where an article number is attributed to each property and where the name of the fiscally responsible titleholder is listed, as is the composition of the property. The titleholder has the right to obtain a booklet ("caderneta predial") containing the details of property or a property certificate. |
| 60) MEDIADOR EXCLUSIVO (EXCLUSIVE REAL ESTATE AGENT) - The person who is the sole agent involved in the negotiations of a certain property. The quality of exclusivity must be stated in the real estate agency contract signed by the real estate agent and the owner of the property. In the contract it must be specifically stated that the real estate agent will receive the commission even if the sale is made through another real estate agent. Unless there is a clause that states otherwise, this contract does not enable the real estate agent to receive commission when a sale happens as the result of actions taken by the owner. |
| 61) MERCADO IMOBILIÁRIO (REAL ESTATE MARKET) - The circumstances in which buyers and sellers of real estate goods and services are brought together in sufficient numbers to allow the comparison of prices and quality, thus generating the flow of information necessary for the effective functioning of the forces of supply and demand. |
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| 62) NOTÁRIO (NOTARY PUBLIC) - A public functionary who authenticates signatures and records, in a special ledger, public deeds and other documents to provide these with the character of authenticity. The notary also draws up and keeps public deeds. |
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| 63) OPERAÇÕES DE LOTEAMENTO OU LOTEAMENTOS (OPERATIONS FOR SUB-DIVIDING IN LOTS) - The sub-division of property and provision of infrastructure facilities of one or more pieces of land in order to produce urban lots. The "right" of a private entity to sub-divide land into lots is the result of the delegation of powers from the Public Administration in the context of land policy. As such, therefore, this right should be limited to the strict scope of sub-dividing property and providing infrastructure facilities on land destined for urban use. It should not be an alternative to planned urban development but just a way to carry out the urbanisation processes previously planned by the Public Administration.
It is not technically feasible to allow or support any operations for the sub-division of land into lots unless this fits into the framework of municipal planning. No such operations should be authorised outside urban limits. Inside urban limits such operations should not be authorised outside the scope of established or provisional Detailed Urban Plans. However, this is not what usually happens in Portugal where legal or clandestine division of land into lots is the main trend and way in which the uncontrolled urbanisation (as opposed to urban planning) of recent decades has occurred. This uncontrolled urbanisation has resulted in today's urban agglomerations and urban areas.
The quality of the cities and metropolitan areas of the future depends to a large extent on the ability to improve the current sub-divisions into lots and to ensure that the future divisions into lots are of better quality. Conditions must be created in which the phenomenon whereby land is illegally divided up into lots is discontinued.
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| 64) PERMUTA (EXCHANGE) - A contract in which the parties transmit and receive, simultaneously and reciprocally, goods of identical or different value. |
| 65) PÉ-DIREITO (ROOM HEIGHT / HEADROOM) - The distance from the floor to the ceiling of a room. The Portuguese word also means the stone at the top of a pillar where stones of an arch abut, or a pillar. The word also means the height of a pillar that supports an arch. Minimum room heights for spaces used for different purposes are set out in the General Regulations of Urban Buildings (RGEU - Regulamento Geral das Edificações Urbanas) and in the Municipal Masterplans (PDM - Plano Director Municipal). |
| 66) PISO (STOREY) - The name given to each of the horizontal areas of a building separated by beams. "Pisos subterrâneos" are storeys or floors below ground level. |
| 67) PLANEAMENTO URBANO (URBAN PLANNING) - The process whereby the public authorities control and guide, and solve the problems related to, the development and quality of the urban environment, that is, of both large and small urban agglomerates.
The process is based on an intimate understanding of the existing reality, normally obtained in a data gathering, analysis and interpretation phase. The process also includes a range of compatible and explicit objectives, that originates in the political arena but which have been re-interpreted technically. To achieve these objectives a linked group of measures and actions are proposed together with a strategic timetable for their implementation.
At certain times in the process a document (plan proposal) will be produced. Once the political authorities have approved such a document, it will acquire the status of a plan. The accompanying of the implementation of the proposed measures and the checking of the results obtained, in order to provide the system with new data for interpretation, is known as monitoring. Today, monitoring is considered to be an essential part of the urban planning process.
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68) PLANO DE PORMENOR (DETAILED PLAN) - A plan covering part of an agglomerate (normally between 5 and 100 hectares, although there are no compulsory size limits) the objective of which is to show the following features of an urban space: the form or shape of the land; land uses, including roads and transport routes; outside ground arrangements; and even the characteristics of the facades of the buildings. The importance of this plan is to emphasize dimensions and features that determine the form and shape of the city and that are not apparent in other, higher level, planning documents. |
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69) PLANO DIRECTOR MUNICIPAL (MUNICIPAL MASTERPLAN) - Such a plan covers the entire area of the municipality, fixes the main objectives of municipality in terms of land-use planning, contains a programme of the main infrastructure elements (roads, sanitation, etc.), and establishes zoning in accordance with the land-use classes established in Decree-Law n.º 69/90. The plan thus defines the urban perimeters (the grouping of urban spaces and urbanisable spaces and the surrounding areas next to these) and the areas allocated to the National Agricultural Reserve (RAN - Reserva Agrícola Nacional) and to the National Ecological Reserve (REN - Reserva Ecológica Nacional).
The Secretary of State for Territorial Administration must ratify this plan, by delegation of ministerial powers. However, once the plan is fully approved and operative, the municipality can approve and put into operation all the lower levels of plans without the obligation to have these ratified by central government.
This plan is a fundamental element in the management of the municipality. Of the 305 possible municipal master plans in Portugal, approximately 200 are already operational or have been approved and are awaiting ratification. All municipalities have begun the process of drawing up their municipal master plans (PDM - Plano Director Municipal). We cannot emphasise enough the importance of the decree-law that created the municipal master plans for the territorial planning of Portugal.
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70) POUPANÇA EMIGRANTE (EMIGRANT'S SAVINGS ACCOUNT) - A system of credit aimed at Portuguese emigrants to be used in Portugal for the financing of the construction, purchasing or improvement of urban properties, or autonomous fractions, for their own residence or income. Emigrants who wish to benefit from the system must open a special account - called an emigrant's savings account, which can be in Euros or foreign currency. The interest rate on the account and of the loans is negotiable between the credit institution (CGD, CCAM, banks) and the depositor or borrower.
Through this system, emigrants can obtain financing for establishing or developing industrial, agricultural-livestock or fishing activities (Refer to Decree-Law n.º 323/95, of 29.11.1995). |
| 71) PRÉDIOS (PROPERTIES) - These are fixed assets that can be rural (those used for agricultural, tree-growing or livestock rearing activities) or urban (the buildings erected on land, with their respective public areas and land that is licensed for building construction). See "Imóvel" - Property. |
| 72) PRIME RATE - English expression used in Portuguese. The most used preferential interest rate. This is the interest rate that credit institutions normally use for their lowest risk clients for short-term credit operations. Risk evaluation is normally analysed by rating companies or by using other forms of assessing companies' performances. |
| 73) PROPRIEDADE HORIZONTAL (HORIZONTAL OWNERSHIP) - The legal regime governing ownership of autonomous fractions, constituted as separate units that are independent of each other, that have their own exits to a common part of the property or to a public road, and that are part of the same building or group of buildings. The respective titleholders are joint owners of the common zones (articles 1414 and following of the Portuguese Civil Code.) |
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| 74) QUITAÇÃO (RECEIPT) - A document on which a creditor declares that has received the amount he is owed. The document should also contain the creditor's identification, signature and the date on which the payment was made. |
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| 75) REGISTO PREDIAL (LAND REGISTRY OFFICE) - The office where all facts related to properties are recorded in order to publicise the legal situation of these properties and to provide greater security to the legal aspects of real estate dealings (Decree-Law 224/84, of 6 July 1984). |
| 76) REGULAMENTO DE CONDOMINIO (CONDOMINIUM REGULATIONS) - In buildings with more than four co-owners, the regulations prepared by the assembly of co-owners or by the administrator if the former has not prepared them, that seek to control the use and preservation of the common areas (Portuguese Civil Code, articles 1418 and 1429-A). See "Propriedade horizontal" - Horizontal Ownership; "Fracção autónoma" - Autonomous fraction. |
| 77) REGULAMENTO GERAL DAS EDIFICAÇÕES URBANAS (RGEU) (GENERAL REGULATIONS OF URBAN BUILDINGS) - This group of regulations specifies all the rules governing the construction of new buildings and execution of any works of civil construction, reconstruction, expansion, alteration, repair or demolition of existing buildings and works, as well as works that imply alterations to local topography, within the urban perimeter and the rural protection zones fixed for municipality capitals and for other localities subject by law to the urbanisation and expansion plan.
The municipal council can decide to extend the application of these regulations to other zones or localities not included in the group described above.
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| 78) RGEU (Regulamento Geral das Edificações urbanas) (GENERAL REGULATIONS OF URBAN BUILDINGS) - these regulations are applicable to all situations involving buildings of an industrial nature or those destined for collective use. |
| 79) RESERVA DE PROPRIEDADE (RESERVATION OF OWNERSHIP) - A contractual clause that guarantees the seller the ownership of the sold thing until all obligations assumed by the purchaser are fully or partially fulfilled or until any other contractually established event takes place. |
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| 80) SISA (PROPERTY TRANSFER TAX) - A tax levied on the transmission of real estate property by non-free means (purchase, exchange, sharing...) (articles 2 and 19 of the Municipal Tax Code on SISA and Inheritance Tax ("CIMSISD - Código do Imposto Municipal de SISA e do Imposto Sobre as Sucessões e Doações"). |
| 81) SPREAD - English expression used in Portuguese. The difference between the price offered and the price asked for a certain financial product. |
| 82) SURVEYOR - English word without any direct equivalent in Portuguese. A person who carries out one or more of the professions that in the United Kingdom are recognised as belonging to the realm of real estate, notably, construction economics (Quantity Surveyor), project management*, building restoration and maintenance work* (Building Surveyor) as well as evaluation*, urbanism*, real estate management*, certain types of real estate agency work * and real estate promotion*. |
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| 83) TAXA ANUAL EFECTIVA (TAE) (EFFECTIVE ANNUAL INTEREST RATE) - The interest rate which, for certain credit operations or a particular credit operation, makes the updated values of all the payments made or to be made by the credit institution equivalent to all the payments made or to be made by the client. The TAE is calculated in accordance with the formula given in Decree-Law n.º 220/94, of 23 August 1994. |
| 84) TAXA DE CAPITALIZAÇÃO (CAPITALISATION RATE) - The annual percentage return considered appropriate for a certain assessment of investment expressed as the ratio of the annual income (actual or expected) to the capital value. This thus represents the measurement of the opinion of the investor on the perspectives and risks associated with this investment: the better the perspectives and the lower the risk, the lower the expected capitalisation rate and the greater the capital value. The capitalisation rate required for a given investment is evaluated by examining several factors, such as:
- The security of the invested capital in real terms; - The security and regularity of the income; - The ability to adjust income to changing market conditions; - The liquidity of the investment; - The degree of fiscal burden.
The rate by which the net income of a certain investment is divided to calculate the capital value at a certain date.
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| 85) TAXA DE ESFORÇO (EFFORT RATE) - The quotient between the amount paid for a purchase or a loan payment and family income. Normally expressed as a percentage. |
| 86) TAXA DE REFERÊNCIA (REFERENCE RATE) - The interest rate used to index the contractual rate of the loan that will thus accompany, in the conditions fixed in the contract, the variations that the reference rate undergoes in the future. |
| 87) TAXA NOMINAL (NOMINAL RATE) - The interest rate that for some types of credit operations or for a certain credit operation does not include taxes or other charges. The nominal rate is calculated according to a formula given in Decree-Law n.º 220/94, of 23 August 1994. |
| 88) TAXA VARIÁVEL (VARIABLE RATE) - An interest rate agreed between credit institutions and their clients. |
| 89) TAXAS MUNICIPAIS (MUNICIPAL CHARGES) - Special rates paid to the municipality for the carrying out of services or urban infrastructure facilities (Law n.º 1/87 of 6.1.1987). |
90) TIPOLOGIA DA HABITAÇÃO (TYPE OF HABITATION) - Term used to classify the typical forms of habitation (therefore implying some knowledge thereof). There are two common meanings: - That which refers to the types defined in the General Building Regulations ("Regulamento Geral das Edificações") (TRANSLATOR'S NOTE: only one meaning given in the Portuguese original) |
| 91) TRESPASSE (SUBLETTING) - The definitive transmission of a commercial establishment, involving the economic and functional transfer of this economic unit. The landlord must be given prior notification with notice of thirty days to be allowed to exercise the right of preference* and to make a prior declaration to the respective Tax Office. |
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| 92) URBANIZAÇÃO (URBANISATION) - The process of concentrating the population in space, resulting in agglomerations (urban centres) equipped for this purpose (urbanized) with infrastructure facilities developed to differing degrees (from the simplest constructions or shelters to the most sophisticated telecommunication systems).
This process, that is universal in scope and has been going on over time, has resulted in the situation where, at the end of the 20th century, it is estimated that more than 65 per cent of the world's population lives and works in agglomerations with more than 50.000 inhabitants.
Urbanisation also means the practice of urbanism, putting into operation the relevant concepts through concrete plans and by carrying out works that enable spaces to function properly ("urbanised"), notably with regard to infrastructure networks.
An urbanisation can also mean a group of buildings, normally in an area of expansion or on the periphery of an agglomerate, usually made up of a mixture of buildings and detached houses. The unity of an urbanisation comes from the way it is promoted as a single unit with joint basic infrastructure: water, sewers, electricity, and roads with different types of paving. Sometimes the word tends to hide, euphemistically, the reality of a skeletal suburbanism where there is a lack of space for jointly used facilities and green areas. |
| 93) USUCAPIÃO (USUCAPTION) - A way of acquiring a right to ownership or other real rights of use that results from a person having been in possession of the thing in question for a certain length of time determined by law (article 1287 of the Portuguese Civil Code). |
| 94) USUFRUTO DA PROPRIEDADE (ENJOYMENT OF PROPERTY) - The right to benefit from and temporarily administer a property in a diligent and normal manner, respecting the normal economic purpose of said property, while not being able to possess the property, as the rights to it belong to the original owner or to a tenant (article 1439 of the DOCC). |
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| 95) VALOR ACTUAL, COMERCIAL, VENAL, DE MERCADO (CURRENT, COMMERCIAL, SALEABLE OR MARKET VALUE) - The highest value in money terms that a property can command in an open and competitive market and for which a purchaser and a seller, in a reasonable period of time, would agree to conclude a transaction. In such circumstances both parties would be acting prudently and with the same degree of interest, they would be fully informed of pertinent market conditions and neither of them would be acting under any restrictions or pressure.
Should any sale occur for a higher price, made to a person with a special interest or motive, these special circumstances are taken into consideration.
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