Hiring a painter is, in law, a works contract (contrato de empreitada): one side does the job, the other pays the price. Below: when the contract must be written, what the Civil Code says about payment and defects, and how the Complaints Book (Livro de Reclamações) works. To choose a painter, read how to request and compare quotes first.
Updated 3 November 2026. General information, not a substitute for legal advice.
Key points
- Empreitada is the contract in which one party agrees to carry out a job for a price (article 1207 of the Código Civil, the Civil Code).
- Written contract: compulsory for private works above 10% of the class 1 limit (article 26 of Lei n.º 41/2015). Without it the contract is void.
- Payment: unless agreed otherwise, you pay when you accept the work (article 1211(2)). Stage payments only apply if agreed.
- Defects: report them to the contractor within 30 days of discovering them (article 1220) and keep proof that you sent the notice.
- Accepting without reservation a job with visible defects can cost you your rights (articles 1218 and 1219).
When the contract must be in writing
Under article 26 of Lei n.º 41/2015, contracts for private building works worth more than 10% of the class 1 limit must be written. They must state:
- the full identity of the parties;
- the firm’s licence or certificate, where issued by IMPIC;
- what the contract covers;
- the price;
- the completion deadline.
Where the law requires a written contract and there is none, the contract is void, but the firm cannot rely on that voidness (paragraph 3). The firm must keep contracts for 10 years (paragraph 4).
In euros, our guide on quotes gives €20,000, our own calculation from the class 1 value IMPIC states. Below that the law does not require a written contract, but a detailed quote accepted in writing, dated and signed, works as a short contract.
DECO PROteste, the consumer body, has a model works contract for property (page dated 18 December 2025). It has clauses on price, instalments, withholding payment if there are defects, deadline, daily penalty for delay and final inspection. Amounts and periods are left blank.
What the Civil Code says about the job
| Article | Rule in short |
|---|---|
| 1208 | Work as agreed, without defects that reduce its value or use |
| 1210 | Contractor supplies materials unless agreed; if the contract is silent, not below average quality |
| 1211 | Unless a clause or custom says otherwise, the price is paid when the work is accepted |
| 1214 | The contractor may not change the plan without the owner’s authorisation |
| 1216 | The owner may demand changes up to one fifth of the price; the contractor gets more price and time |
| 1229 | The owner may withdraw at any time, compensating the contractor’s costs, work and lost profit |
If the price is a lump sum and the contractor does extra work without written authorisation fixing the increase, he can only claim compensation equal to the owner’s enrichment (article 1214(3)). So write into the contract the paint brand and range, the number of coats and the wall preparation: that is what article 1208 obliges the painter to deliver.
Stage payments and advances
The default rule is to pay at the end. Many painters ask for part up front: possible if in writing. The DECO PROteste model has four instalments: at signing, midway, at completion and a last one after provisional handover, if there are no defects.
Our own caution, not the law: tie each payment to a finished stage and keep the last part until you have checked the work. Ask for a receipt for each payment and the invoice (fatura) at the end.
Taking over the work without losing rights
Article 1218 requires the owner to check the work before accepting it, within a reasonable time, and to tell the contractor the result. Either party may demand that experts do the check, at the requester’s cost. Failing to check or to report counts as acceptance.
Article 1219 adds that the contractor is not liable for defects the owner knew about when accepting without reservation, and that visible defects are presumed known. On handover day, walk through every room and write down your reservations in a document both sign.
Defects: deadlines and rights
| Step | What the law says |
|---|---|
| Notice | Within 30 days of discovering the defect, or the rights lapse (1220). If the contractor acknowledges the defect, that equals notice |
| Repair | You may demand repair; if impossible, a new job. Ends if the cost is out of proportion to the benefit (1221) |
| Price or termination | If not fixed, you may demand a price reduction or end the contract if the work is unfit for its purpose (1222) |
| Compensation | These rights do not exclude compensation under general rules (1223) |
| Lapse | One year from refusal or acceptance with reservation; if the defect was unknown, from notice, and never later than two years after handover (1224) |
Article 1225 gives 5 years from handover, or the agreed guarantee period, for buildings meant to last, in case of collapse or defects from faulty execution. We could not confirm whether an interior repaint falls under this rule. Rely on the short deadlines in the table.
If paint peels or blisters, see why paint fails: the cause may be poor preparation or untreated damp.
Steps if the job goes wrong
- Photograph and date the defect.
- Write to the contractor within 30 days, describing the defect and asking for it to be fixed. The law we read sets no form for the notice: keep proof of sending and receipt.
- If it is not fixed, ask in writing for a price reduction or termination (article 1222), within the one-year limit of article 1224.
- If refused, use the Complaints Book. In a consumer dispute left unresolved, the competent authority tells the complainant about alternative dispute resolution (article 6(4) of Decreto-Lei n.º 156/2005).
The Complaints Book
Decreto-Lei n.º 156/2005, as republished in 2017, requires the physical book from every provider with a fixed establishment open to the public, and the electronic one from every provider, including those working by digital means. Civil construction is listed in the annex and IMPIC supervises it.
The provider must answer an electronic complaint by email within 15 working days (article 5-B(4)). If the physical book is not handed over, the consumer may call the police (article 3(4)).
What we could not confirm
- Current text on Diário da República. The portal would not open for automated reading. We read the Civil Code at pgdlisboa.pt, Lei n.º 41/2015 in the 2018 consolidated version and Decreto-Lei n.º 156/2005 in the 2017 republication. We did not check later amendments.
- The euro threshold for a written contract. It depends on the class 1 value for private works, which we did not read directly.
- Deposits (sinal). We did not read Civil Code articles 440 to 442. Check the legal effect before calling an advance a “sinal”.
- Whether a repaint falls under article 1225.
- Invoice. We did not read the tax rule requiring it. Always ask for one.
Sources (read on 3 November 2026)
- Código Civil, articles 1207 to 1225 and 1229, text at pgdlisboa.pt (Procuradoria-Geral Distrital de Lisboa). All read. Not read on dre.pt.
- Lei n.º 41/2015, of 3 June, 2018 consolidated version (Regional Government of Madeira): articles 25 and 26.
- Decreto-Lei n.º 156/2005, republished as an annex to Decreto-Lei n.º 74/2017, Diário da República, series I, no. 118, 21 June 2017, PDF at aiccopn.pt: articles 1 to 6, 9, 11 and annex.
- DECO PROteste, Contrato de empreitada em imóveis (model letter), page dated 18 December 2025. Summary read through an automated tool, model text not downloaded.