The law relating to buying property is complicated. A basic textbook in any country on property law might extend to 500 pages, and with buying property in Cape Verde there are certain basic principles that it is helpful to understand.

The general procedure for buying property in Cape Verde seems, at first glance, to be similar to that of buying property in Britain, however, although some terms may be similar the procedure is vastly different.

Choosing a Lawyer

Cape Verdean Lawyers
Most Cape Verdeans who buy a property on Cape Verde will not use the services of a local lawyer unless there is something unusual about the transaction. In Cape Verde the use of a Notario or public notary is required instead. Horizon Property Group will be able to assist you in locating and English speaking lawyer if you wish.

Notario (The Public Notary)
The notary is a special type of lawyer. Under Cape Verdean law, only deeds of sale approved and witnessed by a notary can be registered at the land registry. As well as validating all the necessary documents the notary also performs certain checks on the property and has some duties as a tax enforcer.

Notaries rarely speak English well enough to discuss the finer points of any transaction and very few will actually know anything about English law and so will not be able to advise you wisely on buying a house in Cape Verde.

English Speaking Lawyers
For English people it is best to also use the services of an English speaking lawyer familiar with dealing with purchasing property in Cape Verde. The lawyer will be able to give informed and comprehensive advice about things such as taxes, surveys etc.

Your lawyer will check on the planning situation of the property eg, if there are plans to build any major roads nearby, as well as making sure that the seller is the registered owner of the property and whether or not there are any outstanding fees attached to the property.

Contracts

In Cape Verde most sales start with a preliminary contract. The type of contract will depend on whether you are buying a finished or unfinished property. These contracts are legal and binding with far reaching consequences which sometimes differ from those in Britain.

When signing any contract always seek legal advice first and never sign any document that you do not completely understand.

The preliminary contract is prepared by either the estate agent or the developer and it is very important that these are not just accepted, they will need to be modified to ensure that a fair deal is struck.

Next you will need to get a provisional registration. This notifies any other person that a purchase is in progress. Once registered it lasts for six months, within which time you need to have signed the Escritura de Compra e Venda which is basically the deed of sale. This needs to be signed in front of a Cape Verdean notary either by yourself or someone holding power of attorney for you.

The power of attorney is a document that you sign in front of a notary either in the UK or in Cape Verde authorising an appointed person to do whatever the document authorises them to do on your behalf. Completion dates in Cape Verde are rarely accomplished on time so it is usually best to give power of attorney to someone just in case it is not convenient for you to be there to sign papers in person.

After the Escrita is signed your title and any mortgage should be presented for registration at the land registry as soon as possible.

Fiscal Identification Number

To own a property in Cape Verde you also need to obtain a NIF (numero de indentificasio fiscal) or fiscal ID number, for tax purposes. You can get this from any Cape Verdean tax office near to your property and is simply a matter of filling out an easy form and producing your passport and two passport photographs.

Money matters

There are a number of ways of getting your purchase money from England to Cape Verde but by far the best, easiest, safest and most practical way is to have it sent electronically by SWIFT transfer from a UK bank directly to the recipients bank. This method should cost around