1. LR territorial organisation. In your LR system, applications of registrations or documents for registration must be presented, lodged or taken to:
Portuguese LR system has no territorial jurisdiction.
2. Please, indicate those means whereby one can present applications or documents in your LR Offices and point the main features.
The applications for registration can be presented:
- Personally (in person or by means of a representative), by fax or by regular mail, at any Land Registry Offices. In general there is one (or more) land registry office in each municipality.
- Online at www.predialonline.mj.pt – using a digital certificate (available for any citizen in the citizen card, or a professional digital certificate, notaries, solicitors and lawyers have it) In this case the interested party cannot choose the registry office, it is the system that sends it randomly to a land registry office.
In general, it is not possible to present registry requests by e-mail. For the CROBECO project it will be possible to request the registry by email with a digital certificate, but only for an authorized registry office whose contacts shall be available at CROBECO’s website.
You can find the contacts of Portuguese Land Registries at www.irn.mj.pt
3. Does the fact of the presentation of the document (or application for registration) lead any type or entry or annotation in the LR Office books?
The application for registration leads to an entry or annotation in the diary book which marks the priority rank of the registry request. The registry can be entered in the land registry books as provisional or be refused, but the parts may appeal on the land registrar’s decision, to the President of the Institute of Registries and Notary or to the Judicial Court. In case they succeed, the registry keeps the priority rank it had in the moment it entered the diary book.
4. In case of presentation based on temporary or provisional entries, please point specifically deadlines of them and also main features.
The presentation cannot be provisional in Portuguese LR. The presentation is always final. But the registry can be refused or made provisional, only in cases permitted by law, with specific deadlines (from 6 months, provisional by doubts – until an undefined deadline – in case of the registry of petition of lawsuits, where the record is provisional until final decision.
5. Is the payment of taxes a necessary condition or prerequisite for making the registration?
The payment of taxes is legally a prerequisite for making the registration. In some cases, such as inheritances, it is enough to make proof of the participation of the fact to the tax administration, but in general taxes it must be proven to have been paid before the registrar.
6. Is it possible to digitally submit documents to the land registry? Are there any restrictions with regard to the type of document that can be digitally submitted or is digital submission possible for all types of documents?
Yes. It is possible to digitally submit documents to the land registry. There are no restrictions with regard to the type of document that can be digitally submitted, digital submission is possible for all types of documents.
However there are restrictions concerning the applicant. Only notaries and lawyers using their electronic signature authentication can certify that the copy digitalized is a certified copy of the original. These professionals can digitally submit all kinds of documents to the land registry.
- Which form of submission is used more frequently – digital or non-digital? If possible, could you please provide an indication in percentages?
The most frequently used form of submission is still the paper. Approximately 30 % of the requests are submitted online (since 2009 until the end of November 2019 – 3.567.577 registries have been requested online)
7. Are there any restrictions to the digital submission of documents? For example, is it necessary that the person offering the document for registration has a validated digital signature?
The person offering the document for registration needs a validated digital certificate.
As previously said only notaries and lawyers can submit all kinds of documents because only these professionals can certify that the copy digitalized is a certified copy of the original. Therefore, they use their professional digital certificate.
Citizens can request online land registries (1) when there is no need of presenting a document and the registry depends only on the declaration of the owner, for example, or (2) when the document is already archived at a public service and is reachable by the land registry office.
Citizens also need to use the digital certificate and they can use the one inserted in each citizen’s id card.
8. Is it still possible to submit paper documents to the land registry?
Yes. It is possible to submit paper documents in all land registry offices (there is at least one for each municipality) regardless the location of the property as Portugal land registry does not have a territorial jurisdiction rule (since 2008).
9. Is it cheaper/more expensive to offer paper documents to the land registry? Could you provide a price indication for the registration of a deed of transfer (both digital and on paper)?
To submit on-line request to land registry is 10% less than to offer the request in paper support.
For the registration of a deed of transfer in paper – 250 € – and online – 225 €.