The abandoned family house: the silent cost of not deciding

Updated 3 August 2026
Where does the law stand today? Passed in the final parliamentary vote on 17 July 2026. It also applies to estates already open and still undivided. It now awaits presidential promulgation and implementing decrees — it is not yet in force. Now is the time to prepare your file.

Portugal counts hundreds of thousands of empty houses — and a large share are inheritances nobody ever settled. Seen from Boston or London, the grandparents' house kept shut "for now" looks harmless. It is not.

What you risk with a vacant house

  • Surcharged IMI: municipalities can multiply the property tax on vacant or ruined buildings;
  • Municipal repair orders, enforceable at the owners' expense;
  • Squatting and vandalism, painfully hard to manage from another continent;
  • Accelerating decay: every unmaintained winter cuts the sale price;
  • And under the new law, one co-heir tired of paying can force a sale — in whatever state the house is in.

Who is liable?

The undivided estate — all heirs, through the head of the estate — answers for the IMI, fines and third-party damage (the roof tile that injures a passer-by). Living abroad exempts no one.

The four ways out

  1. Sell as-is — demand for renovation projects is real, especially on the coast and in historic centres;
  2. Minimal works + rental — turns a cost into income that covers the taxes;
  3. Division, so the house goes to whoever truly wants it;
  4. Prepare for the amicable window of the new law if a co-heir is likely to trigger a sale.

The practical first step

Know exactly what exists: registry certificate, tax record, status of the heirs' deed, IMI arrears, current photos. HERDA's estate report assembles all of it within 72 hours, including an on-site check by a local partner — without you flying anywhere.

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This guide is general information and does not constitute legal advice. For legal acts, HERDA works with independent partner lawyers. Law status verified at the date of publication.