- What notarial deeds are and why they need certified translation
- Common notarial documents in international property transactions
- Certification requirements by country
- The Hague Apostille: what it does and what it does not do
- How M21Global handles notarial deed translation
- Related Services
- Frequently Asked Questions
Buying or selling property in a foreign country almost always requires certified translation of the notarial documents involved. A Portuguese escritura submitted without a properly certified translation will be rejected by foreign registries, causing delays that can cost far more than the translation itself.
What notarial deeds are and why they need certified translation
A notarial deed is a document drawn up and authenticated by a notary to formalise a legal act: sale and purchase, mortgage, power of attorney, inheritance partition, or donation. In Portugal, these documents are issued in Portuguese. When they need to produce legal effects in another country, the receiving authority requires a version in its own language that is legally equivalent to the original.
The level of certification required depends on the destination country. Some jurisdictions require a sworn translator officially recognised by local courts or a government ministry. Others accept a signed declaration of accuracy from a qualified translator. In every case, an uncertified translation is insufficient for property registration purposes.
Common notarial documents in international property transactions
The specific documents involved depend on the type of transaction and the destination market. The most frequently translated include:
- Escritura de compra e venda (sale and purchase deed): the central transactional document, identifying the parties, describing the property, and stating the price and conditions
- Procuração bastante (notarial power of attorney): authorises a representative to act on behalf of the property owner in the foreign country
- Certidão do registo predial (land registry certificate): confirms ownership and identifies any charges or encumbrances on the property
- Habilitação de herdeiros (declaration of heirs): required when the transaction involves an inherited property
- Escritura de hipoteca ou distrate (mortgage deed or discharge): necessary when bank financing is associated with the property
- Certificado de não dívida (tax clearance certificate): required in several jurisdictions before registration of the transfer can proceed
Each of these documents contains highly specific legal terminology. Terms such as "descrição predial", "permilagem" (ownership share in a condominium expressed as a fraction per thousand), or "usufruto" (usufruct) do not have direct equivalents in all languages and require translators with solid knowledge of comparative property law.
Certification requirements by country
Understanding what each country requires before commissioning a translation avoids duplicated work and unnecessary delays.
Spain: In most cases, the translation of Portuguese notarial documents for use in Spain must be carried out by a sworn translator-interpreter recognised by the Spanish Ministerio de Asuntos Exteriores, or by a certified translator where the original document carries a Hague Apostille.
France: French notaries typically require a translation signed by a translator inscribed on the list of a French court (traducteur assermenté). An apostille on the source document simplifies authentication of the original but does not replace certification of the translation itself.
Germany: Foreign notarial documents are recognised through the Amtsgericht (local court). The translation must be produced by a sworn translator (beeidigter Übersetzer) and the original document must be apostilled.
Brazil: Sworn translation (tradução juramentada) is mandatory for any foreign document submitted to Brazilian registries or cartórios. Only public sworn translators appointed by the state Juntas Comerciais are authorised to produce legally valid translations in Brazil.
Angola and Mozambique: Although Portuguese is the official language in both countries, the legal and notarial frameworks differ significantly from Portugal's. Translation is not always required linguistically, but legal concept adaptation is frequently necessary to ensure the document is correctly interpreted under local law.
For a clearer picture of the differences between simple, certified, and sworn translation, M21Global's certified legal translation services article sets out what each level involves in practical terms.
The Hague Apostille: what it does and what it does not do
The apostille is a certificate issued by a competent authority in the country of origin, authenticating the signature and official capacity of the notary who drew up the document. In Portugal, apostilles are issued by the courts or by the Ministry of Foreign Affairs, depending on the document type.
An apostille confirms that the original document is genuine. It does not translate anything. In international property transactions, it is common to need both: an apostille on the original document and a certified translation of its content. These are two distinct requirements that serve different legal purposes.
The timeline for obtaining an apostille in Portugal typically ranges from two to ten working days, depending on the issuing authority. Confirming requirements with the notary or property lawyer in the destination country before starting the translation process avoids costly missteps. For further detail on how sworn translations work in legal proceedings, the article on sworn translation for court documents is a useful reference.
How M21Global handles notarial deed translation
M21Global provides legal translation certified to ISO 17100:2015 for all notarial documents relevant to international property transactions. Translators working in this field have specific legal training and direct knowledge of certification requirements in the markets where M21Global operates: Portugal, Spain, France, Germany, Angola, and Brazil.
For transactions involving Spain or France, M21Global also advises on the apostille process and the specific certification requirements of the destination authority, so that documents arrive ready for submission without further action from the client. The aim is to eliminate the back-and-forth that occurs when a document is returned because a certification step was missed.
Request a quote for your notarial deed translation at m21global.com or contact the team directly for a same-day response.
Related Services
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Frequently Asked Questions
Do I need a sworn translation of a Portuguese deed to buy property in Spain?
In most cases, yes. For a Portuguese notarial deed to produce legal effects in Spain, the translation must be carried out by a sworn translator-interpreter recognised by the Spanish Ministry of Foreign Affairs, typically alongside an apostille on the original document.
Does a Hague Apostille replace the need for a certified translation?
No. The apostille authenticates the notary's signature and official capacity on the original document but does not translate its content. International property transactions typically require both: an apostille on the original and a certified translation.
How long does it take to get a certified translation of a sale and purchase deed?
A typical certified translation of a sale and purchase deed takes two to five working days, depending on document length and the language pair. Rush delivery within 24 hours is available for urgent cases.
Is ISO 17100 certification legally recognised for property transactions abroad?
ISO 17100 certification guarantees the quality of the translation process, but legal recognition depends on the requirements of the destination country. Some jurisdictions additionally require a translator sworn in before a local court or registered with a government authority.
Which Portuguese notarial documents are most commonly required in international property transactions?
The most frequently required documents are the sale and purchase deed (escritura de compra e venda), the notarial power of attorney (procuração bastante), the land registry certificate (certidão do registo predial), and the tax clearance certificate. Inheritance-related transactions also typically require the declaration of heirs (habilitação de herdeiros).
