1. WHO CAN APPLY FOR INFORMATION: IS THE LR ABSOLUTELY PUBLIC OR NOT?
Pursuant to article 104 of the Land Registry Code (LRC), anyone can apply for certificates of registry information and archived documents, as well as oral or written information about its contents. It is a consequence of the public nature of the land registry. There is no need to prove a legitimate interest.
When requesting information, besides the identification of the applicant, one must also indicate the immovable property’s number of description (the number in the land registry), parish and municipality where it is located in (article 111 § 4 LRC).
In general, the law does not allow requesting information only by indicating the owner’s name. This is based on the right to privacy granted by our Constitution and by the principle which establishes that personal data cannot be used for a different purpose from the one for which it has been collected. Portuguese land registry collects personal data to carry out the rights and charges over the public real estate (according to article 106 LRC), and not to publicize the immovable assets of each person. Only courts and judicial authorities can overcome this rule to protect other fundamental rights.
There are several ways to access information from the land registry:
- Certificates in paper:
The land registry certificates contain the reproduction of the description and registry entries in force relating to an immovable property and information about pending requests, unless it has been requested with respect to all registry acts, including those which have ceased its effects, having expired or having been cancelled.
- Permanent certificate (online):
In Portuguese «Certidão Permanente» – made available by the Order 1513/2008. It is an online certificate, with the same content as the one in paper – all registry acts in force and the pending requests. This information is continuously updated, including all the new registries and the pending requests relating to that immovable property. To access the permanent certificate you should enter www.predialonline.pt, fill in the request and the system will provide you an access code. This code allows the visualization of information through the Internet during the time period of the permanent certificate (1 year). Although it is a pdf format, it is not a frozen image of the registry, it is continuously updated, as the pdf file is generated each time you access the information using the code.
- Simplified Land Registry Information (Online):
In Portuguese «Informação Predial Simplificada». It was created by the Order 54/5011. This information is not certified. It is automatically obtained from the land registry information system. It shows the essential elements of the description of the immovable property, of the person entitled to the property’s rights and charges, and indicates the existence of mortgages, annexes and any other encumbrances, charges or other registered acts, as well as the pending requests.
- Uncertified photocopies (on paper or in pdf format):
Simple copies of the registry sheet to be obtained at the land registry office.
2. WHERE CAN BE FOUND THIS INFORMATION:
All forms of land registry information can be requested in person at land registry offices, or by regular mail, as there is no territorial jurisdiction in the Portuguese Land Registry.
Permanent Certificates and Simplified land registry information can also be requested and obtained at the web: www.predialonline.pt.
3. HOW TO OBTAIN INFORMATION FROM THE PORTUGUESE LAND REGISTRY:
Information that must be provided:
a) Identification of whom is requesting (name, address or email);
b) Number of description (the number in the land registry), the parish (freguesia) and municipality where it is located in, or the cadastre number and location.
To request information at a registry office you can use an application form but the request may also be oral.
To request information online you must enter www.predialonline.pt and fill in the application form.
The information is only available in Portuguese.
Paper information can be obtained immediately at the registry office or by post, if requested this way.
The online information is provided through the access code during the time period of a year (as mentioned above).
Costs payable for obtaining information from the land registry:
- For the request and issue of paper land registry certificates:
a) Concerning a single immovable property – € 30;
b) For each extra immovable property – € 16.
- For each land registry permanent certificate:
a) Ordered online – € 15.
b) Ordered at registry service – € 20.
- For each non-certified copy:
a) In paper, per page – € 1.
b) For each digital copy in PDF format, per page – € 0.50.
- For each simplified land registry information (online):
a) Ordered Online – 6 €.
b) Ordered at registry service – € 10.
4. WHEN DOES THE EXCERPT ISSUES?
The issuing of paper certificates, uncertified copies and Simplified Immovable Property Information (online) is carried out on request, mentioning if there is an unsolved registered application.
Permanent Certificates (online) access code is delivered immediately on request, but it is only valid upon payment (at a Portuguese ATM or through e-banking system, or by visa card).
5. WHAT IS THE VALIDITY PERIOD OF THE EXCERPT FROM THE LAND BOOK
- Certificates in paper.
- Permanent Certificate (Online).
- Simplified immovable property information (Online).
– All three are valid for 1 year.
- Uncertified photocopies
– No validity.
6. WHERE CAN THE EXCERPTS FROM THE LAND BOOK ARE USED?
Certificates in paper and Permanent Certificate (Online) are used before every public and private entity.
7. HOW TO IDENTIFY THE IMMOVABLES?
Immovable property can be identified by both registry and cadastral numbers.
Portugal has a cadastral identifier, including a cadastral number and physical data for each immovable property. This cadastral identification is mentioned in the land registry.
For land registry matters the land registry number should be preferably used.
8. LR AND CADASTRAL RELATIONSHIP:
Currently, the information exchange between the land registry and the cadastre implies the contribution of the interested parties, except for some local pilot projects.
There is an ongoing project to integrate information between the cadastre and land registry in the future.