Before the deed is signed, the roof costs little to examine. Afterwards, the defect is yours. This guide says what to look at from outside and in the loft, what to ask, which papers to request, what deadlines the law gives against hidden defects and how to use what you find to negotiate.
Updated on 4 November 2026. General information, not legal advice or a technical report. In a specific case, talk to a lawyer or solicitor and to a technician who sees the house.
The essentials
- Look at the roof before signing the preliminary contract. A defect you knew about when buying, or could not reasonably ignore, does not count as a lack of conformity under the consumer regime (Decreto-Lei n.º 84/2021, article 22, no. 4).
- Deadlines expire. For a property, you must report the defect within 1 year of learning of it and within 5 years of delivery; then you have 6 months to act (Civil Code, articles 916 and 917).
- Professional seller and consumer buyer: 10 years for structural elements and 5 years for the rest (Decreto-Lei n.º 84/2021, article 23). We could not confirm whether this covers your case.
- In a block of flats, the roof belongs to everyone (article 1421). Ask about approved works and the reserve fund.
- Corrugated fibre-cement sheets may contain asbestos. Only a laboratory can confirm it (APA).
What to look at, from outside and in the loft
Do not climb onto the roof: see work at height. Visit in daylight and, if you can, just after rain. This list is ours.
From the street, with binoculars or your phone’s zoom:
- broken tiles, crooked rows, thick moss and a ridge or eave that sags;
- flashings around chimneys and skylights, gutters that are loose or full (terms in the glossary);
- grey corrugated sheets: this may be fibre cement.
In the loft, only where you can stand safely:
- stains, run marks, dark or soft timber and daylight between the tiles (causes of leaks);
- holes and dust in the timber (woodworm and termites);
- a musty smell.
Inside the house, especially on the top floor: the IHRU advises looking for signs of damp and water ingress in ceilings and walls, such as efflorescence and dark patches. Be wary of fresh paint on one spot of a ceiling: it may hide a stain.
For the age of the tiles, see how long a roof lasts.
Questions for the seller
Ask for the answers in writing (email will do).
- Were there leaks? Where, when and how were they fixed?
- When was the last work on the roof, who did it and are there invoices and warranties?
- Is there fibre cement or asbestos? Is there a test?
- Was the timber treated against insects?
- Were there insurance claims for water or storm damage?
- In a block: are there approved or priced works on the roof, or extra charges?
If the seller hides a defect on purpose, the contract may be annulled for fraud, with compensation (articles 913, 905 and 908), and reporting the defect is no longer required (article 916, no. 1).
The papers to ask for
| Document | What it is for | Note |
|---|---|---|
| Urban property record (caderneta predial urbana) | Identifies the property, its features, the owners and the taxable value | Free on the Portal das Finanças, valid 12 months. Compare it with the house |
| Permanent land registry certificate | All registrations on the property, including pending requests | Valid 6 months |
| Use permit (título de utilização) | Proves the building may be used as a home | Since 1 January 2024 it is no longer required at the deed (according to secondary sources; we did not read the Diário da República). Ask the seller or the council |
| Housing technical file (ficha técnica da habitação) | Describes the roof and the warranty | As a rule only for homes built or rebuilt after 2004. No longer required at the deed |
| Energy certificate | Energy class and improvement measures | Required for a sale; its number appears in the deed. Valid 10 years. In our reading, it does not assess the condition of the tiles |
In a block, also ask for the minutes, the insurance and the balance of the common reserve fund, which receives at least 10% of each owner’s share (Decreto-Lei n.º 268/94, article 4). At the seller’s request, the administrator issues within 10 days the statement of debts to the condominium (article 1424-A). Maintenance costs already voted fall on whoever owned the flat at the vote (article 1424); charges that fall due after the sale are yours. Ask what has been voted and when it is paid. See who pays for a condominium roof.
Hidden defects: rights and deadlines
| Who sells | Rule | Deadlines |
|---|---|---|
| Private seller who did not build | Civil Code, article 913 onwards: repair (914), price reduction (911), annulment for error or fraud (905) and compensation | Report within 1 year of learning of the defect and within 5 years of delivery; sue within 6 months of reporting |
| Whoever built, altered or repaired the property | Article 1225, no. 4 | Defects within 5 years of delivery; report within 1 year; claim compensation in the following year |
| Professional, to a consumer, for housing | Decreto-Lei n.º 84/2021, articles 22 to 25 | Defect that existed at delivery and appears within 10 years (structure) or 5 years (the rest); rights lapse 3 years after notification |
Under the consumer regime, a defect that appears within these periods is presumed to have existed at delivery. You have the right to a free remedy, by repair or replacement, a proportional price reduction or termination of the contract (article 24). The rights pass to the next buyer, and a clause limiting them is void (article 51). The decree applies to contracts made since 1 January 2022. The IMPIC supervises the property part.
A Supreme Court ruling (appeal no. 4369/01) says article 1225 does not apply to a seller who did not build: articles 913 onwards apply.
Practical rule, ours: if you see a defect, write to the seller by registered letter as soon as you find it, with dated photos, and do not wait for the deadlines.
Ask for a technical report
Before signing, ask the seller in writing for a visit with a technician (civil engineer, architect or technical civil engineer). Ask for a report with photos on tiles, timber, gutters, flashings and insulation, separating what is urgent from what can wait. Prefer a technician who does not sell the work. Ask for the professional body membership number. We found no official rule or price list for this service.
Use what you found to negotiate
- Get written quotes (see choosing a contractor and prices).
- Show the seller the photos and the quote. Ask for a price reduction, or for repair at their cost before the deed, with proof.
- Ask a lawyer or solicitor to write what was agreed into the contract, including a technical-visit clause.
- After buying, see the works warranty.
Asbestos
Asbestos has been banned in new products since 24 June 2005, but what was already installed may stay until the end of its life. The APA says that, in good condition and without damage, it is generally not a high risk; cutting, drilling or breaking it raises the risk a lot. Only a laboratory analysis confirms it, and the previous owner may have information. If the sheets are broken, expect removal by a company authorised by the ACT: see the asbestos guide.
See also: For an independent assessment, see roof inspection and who does it.
What we could not confirm
- Whether Decreto-Lei n.º 84/2021 covers a used home sold by a professional. The law speaks of «urban buildings for housing» without distinguishing; we read no case law.
- Whether the roof is a «structural building element». Article 23 leaves the list to a ministerial order, which we did not find.
- Whether the 6 months of article 917 apply to every right. The text speaks of annulment for error.
- The text of Decreto-Lei n.º 10/2024 in the Diário da República, which did not open on 4 November 2026. We read the authors’ presentation. We also could not confirm what the new RJUE (1 October 2026) requires at the deed.
- The clause «sold as is» between private parties.
Sources (read on 4 November 2026)
- Civil Code, articles 905 to 917, 1225, 1421 and 1424 (PGRL).
- Decreto-Lei n.º 84/2021, copy of the Diário da República.
- Decreto-Lei n.º 68/2004, copy from the Vila Franca de Xira council; Portal da Habitação.
- F. P. Oliveira and D. Lopes, Simplex urbanístico, presentation (Decreto-Lei n.º 10/2024); OERN, RJUE reform, August 2026.
- Lei n.º 8/2022 (article 1424-A; Decreto-Lei n.º 268/94, article 4).
- SCE, FAQ and consumers.
- Tax Authority, certificates and proofs; permanent land registry certificate.
- IHRU, Guia Prático da Habitação, 2010.
- APA, asbestos FAQ, September 2024.
- Supreme Court, appeal no. 4369/01 (summary).