Does not replace consulting the legislation published in the Official Gazette.

Legislation on the Credit Ombudsman

Decree-Law n.º 144/2009, of June 17, introduced the role of the Credit Ombudsman into Portuguese legal framework.

Resolution of the Council of Ministers n.º 5/2012, of 12 january, appointed Maria Clara Domingues Machado as the Credit Ombudsman.

Resolution of the Council of Ministers n.º 19/2014, of 22 may, que reappointed Maria Clara Domingues Machado as the Credit Ombudsman.

Resolution of the Council of Ministers n.º 73/2024, of 14 june, que appointed Ana Margarida Machado de Almeida as the Credit Ombudsman.

Legislation and Credit Regulations

Granting of Credit:

Decree-Law n.º 349/98, of 11  november (consolidated), which regulates the granting of credit for the acquisition, construction, and execution of ordinary, extraordinary, and improvement works for permanent, secondary, or rental housing, as well as for the acquisition of land for the construction of permanent housing.

Decree-Law n.º 171/2007, of 8 may (consolidated), which establishes the rules that must be followed for rounding interest rates when applied to credit and financing contracts entered into by credit institutions and financial companies not covered by the provisions of Decree-Law No. 240/2006, of December 22.

Decree-Law n.º 133/2009, of 2  june (consolidated), which transposes into national law Directive No. 2008/48/EC of the European Parliament and of the Council of April 23, on credit agreements for consumers.

Law n.º 63/2014, of 26 august, which approves the regime for granting subsidized housing credit to disabled members of the armed forces.

Law n.º 64/2014, of 26 august, which approves the regime for granting subsidized housing credit to persons with disabilities.

Decree-Law n.º 74-A/2017, of 23 june (consolidated), which approves the regime for credit contracts relating to real estate, establishing the rules applicable to credit to consumers when secured by mortgage or another right over real estate.

Law n.º 32/2018, of 18 july, which establishes the obligation for banking institutions to fully reflect the decrease in the Euribor rate in mortgage credit contracts, amending Decree-Law No. 74-A/2017 of June 23.

Law n.º 57/2020, of2 8 august (consolidated), which establishes consumer protection rules for financial services, amending Decree-Law No. 133/2009 of June 2, Law No. 66/2015 of July 6, and Decree-Law No. 74-A/2017 of June 23.

Law n.º 19/2022, of 21 october (consolidated), which, among other measures, establishes a regime for the redemption of savings plans.

Law n.º 24/2023, of 29 may, which approves consumer protection standards for financial services, amending, among others, Decree-Law No. 74-A/2017 of June 23, Decree-Law No. 80-A/2022 of November 25, Law No. 57/2020 of August 28, and Law No. 19/2022 of October 21.

Decree-Law n.º 44/2024, of 10 july, which establishes the conditions under which the State may provide a personal guarantee to credit institutions for the purpose of facilitating the provision of housing credit for first-time home purchases to individuals up to 35 years old.

Notice of Banco de Portugal n.º 4/2017, of 22 september, which establishes procedures and criteria to be observed in the assessment of consumers' solvency by credit-granting entities.

Notice of Banco de Portugal n.º 5/2017, of 22 september, which regulates various provisions of Decree-Law No. 74-A/2017, of June 23, which establishes information duties to be observed in the negotiation and conclusion of credit contracts regulated by the same diploma.

Prevention and Management of Default:

Decree-Law n.º 227/2012, of 25 october (consolidated), which establishes principles and rules to be observed by credit institutions in the prevention and regularization of credit contract default situations by bank customers, and creates an extrajudicial network to support these bank customers in the regularization of such situations.

Decree-Law n.º 58/2013, of 8 may, which establishes new rules applicable to the classification and counting of credit operation deadlines, remunerative interest, interest capitalization, and debtor default.

Decree-Law n.º 70-B/2021, of 6 august, which establishes protective measures for banking customers covered by exceptional and temporary credit protection measures and amends the regime related to the prevention and resolution of credit contract default situations.

Decree-Law n.º 80-A/2022, of 25 november (consolidated), which establishes measures aimed at mitigating the effects of the increase in reference indexes for credit contracts for the acquisition or construction of permanent own housing.

Decree-Law n.º 20-B/2023, of 22 march (consolidated), which creates extraordinary support for families to help with rent and mortgage payments (for the acquisition, renovation, or construction of permanent own housing).

Decree-Law n.º 91/2023, of 11 october, which establishes a measure for the temporary fixation of mortgage payments for the acquisition or construction of permanent own housing and reinforces extraordinary measures and support related to housing credit.

Notice of Banco de Portugal n.º 7/2021, of 20 december, which specifies the duties that, under Decree-Law No. 227/2012, of October 25, institutions are required to observe in the context of the prevention and extrajudicial settlement of credit contract default situations.

Credit Intermediaries:

Decree-Law n.º 81-C/2017, of 7 july (consolidated), which establishes the legal regime defining the requirements for access to and exercise of the credit intermediary activity and the provision of consultancy services concerning credit contracts. It partially transposes Directive 2014/17/EU of the European Parliament and of the Council of February 4, 2014, on credit agreements for consumers relating to residential property.

Notice of Banco de Portugal n.º 6/2017, of 6 october, qwhich regulates various provisions of the legal regime approved by Decree-Law No. 81-C/2017, of July 7, relating to the authorization process for exercising the activity of credit intermediary, the registration of credit intermediaries with Banco de Portugal, and the remuneration policies of entities engaged in the activity of credit intermediary or providing consultancy services concerning credit contracts.

Public Moratorium (COVID-19):

Decree-Law n.º 204/2008, of 14 october, which approves the legal regime relating to the Central Credit Register (CRC).

Instruction of the Banco de Portugal n.º 17/2018, of 27 august,which regulates the Central Credit Register.

Last updated: July 10, 2024.