« Portuguese Land Registry: New Online Services and On the Spot House» Instituto dos Registos e do...

transcript

«Portuguese Land Registry: New Online

Services and On the Spot House»

Instituto dos Registos e do Notariado, I.P. (PORTUGAL)

Filomena Rosa, RegistrarOutubro de 2009

Portuguese Land Registry: Main Guide Lines

• The Portuguese land registry is a public registry that aims immovable trade security by giving publicity to the rights and charges over a certain land or building.

• The Land Registrar is a public official and a public servant that, with technical independence, is intended to verify the legality of the acts for which registration is requested by interested parties, in face of :• Legal requirements;• The documents submitted; and,• The previous registries,

• Verifying:• the identity of the immovable, • the legitimacy of the stakeholders, • the compliance of documents with formal requirements and the

validity of provisions contained therein.

Portuguese Land Registry: Main Guide Lines

• The land registry, in Portugal, according to the article 7th of the property registry code is the presumption that the right exists and belongs to the registered holder pursuant to the terms on which the entry defines it.

• The facts resulting transfer of rights or creating a burden on property can not be formalized by notaries or other professionals without that property being permanently registered to whom wants to convey or encumber.

Portuguese Land Registry: The Reform of 2008

• The property registry code was reviewed by the decree of law 116/2008, and the main changes were:

• The property registry became mandatory;• Public deeds are no longer mandatory and acts

concerning property rights can be performed by officially attested private documents (authenticated private documents);• Notaries, registrars, lawyers, solicitors and commerce and

industry chambers are competent to officially attest (authenticate) private documents and have the duty to promote the registration ( legal obligation in order to make this professional work as on the spot shops).

• New services online were made available.• The territorial jurisdiction of the Land Register was

eliminated, which allows citizens and businesses to choose the service they consider faster or more efficient.

Portuguese Land Registry: The Reform of 2008

• In the last world bank report, in the chapter dedicated to the Property Registry, Portugal appears as "Top Reformer" in the year 2008 by integrating the Top 10 of the most reformist and the fourth highest rise position on this matter: Portugal climbed 30 positions, from 82 .º place to 52.º, and managed to reduce the registration time in

30 days, 42 days to 12.

Portuguese Land Registry: NEW ONLINE SERVICES

Since 1st January 2009 the following services, among others, are available at www.predialonline.mj.pt :

• Permanent Certificate;• Deposit of authenticated private documents;• Request registry acts via internet.

Portuguese Land Registry: NEW ONLINE SERVICES

Portuguese Land Registry: NEW ONLINE

SERVICES

DEPOSIT OF AUTHENTICATED PRIVATE DOCUMENTS

Portuguese Land Registry: NEW ONLINE SERVICESDEPOSIT OF AUTHENTICATED PRIVATE

DOCUMENTS

• The authentication authentication (Official attestation of private documents) can only be performed by competent authorities: Lawyers, Chambers of Commerce and Industry, Notaries, Solicitors and Registrars.

• The authentication’s validityauthentication’s validity of the private document pends on the deposit

• The depositdeposit must be carried out in the private document’s certification date, by the entity responsible for the authentication

• With the electronic deposit legallegal security security

hasn’t diminishedhasn’t diminished since the authenticated private documents are only valid when holding the authentication sign and electronically deposited at

www.predialonline.ptwww.predialonline.pt

• The creation of archivesarchives in the entities responsible for the authentication is expected, for the originals of the documents deposited

DOCUMENTS

• With the electronic deposit legallegal security security

hasn’t diminishedhasn’t diminished since the authenticated private documents are only valid when holding the authentication sign and electronically deposited at

www.predialonline.ptwww.predialonline.pt

• The creation of archivesarchives in the entities responsible for the authentication is expected, for the originals of the documents deposited

DOCUMENTS

Portuguese Land Registry: NEW ONLINE SERVICESDEPOSIT OF AUTHENTICATED PRIVATE DOCUMENTS

AUTHENTICATED PRIVATE DOCUMENTS DEPOSITED

ne July

AUTHENTICATEDPRIVATEDOCUMENTSDEPOSITED

STATISTICS

• Until September 14236 authenticated private documents were deposited online.

SERVICES

PERMANENT CERTIFICATE

Access online, updated and in real time:

• Information pertaining registries in force;

• Mention of presentations pertaining pending registry requests.

Portuguese Land Registry: NEW ONLINE SERVICESPERMANENT CERTIFICATE

LegitimacyLegitimacyAnymone can request a certificate, under the

terms of the Portuguese Land Registry Code

DeadlineDeadlineThe Permanent Certificate must become

available up to 48 hours upon payment

CostsCosts

Subscribing or renewing a permanent

certificate has single fees

• a) € 6,00 (when requested online);

• b) € 15,00 (when requested at a service

counter).

• You may request and consult the permanent certificate at:

www.predialonline.mj.pt

• The certificate request originates an access code

• The delivery of the certificate’s access code replaces the presentation of a paper certificate to any public or private entity.

STATISTICS

• Until September 1.360.538 permanent certificates were made available.

Permanent Certificate

100000

1000000

ne July

SERVICES

ONLINE REGISTRY REQUEST

Access this service at www.predialonline.mj.pt with a digital certificate, already available to:

• Lawyers, Solicitors e Notaries holding a digital certificate.

• Citizens with the citizen card

Portuguese Land Registry: NEW ONLINE SERVICESONLINE REGISTRY REQUEST

Requesting a registry has been dematerialised by filling in an electronic form.

Documents to submit:Documents to submit:

• Either send online;• Or indicate the access code of a authenticated

private document deposited;• Or indice the document to be informally

consulted in a public database

SpecificationsSpecifications

• Possibility of requesting all acts subject to land registry

• A single electronic Journal

• Automatic annotation of the requests in the Journal, 24 hours per day, 7 days per week

• Automatic Messages to the presenter via e-mail

• Emolument reduction of 20% for some acts

• Payment with debit and credit cards

• Refunds by bank transfer

STATISTICS

• Until September 48.132 online registries were requested.

January

August

ONLINE REGISTRY REQUESTS

Portuguese Land Registry: ON THE SPOT HOUSE

•This service allows performing all the necessary procedures for the transfer or encumbrance of immovable property, immediately, at a single place – Land Register Offices or other register offices service points.

•This service became available on 24th July 2007.

Portuguese Land Registry: ON THE SPOT HOUSEAN ON THE STOP SHOP /SINGLE WINDOW SERVICE

The following businesses pertaining residential property may be concluded in the On the Spot House:• Purchase and sale;• Simple loan and other credit and

financing contracts concluded by credit institutions;

• Mortgage;• Transfer of credits.

Portuguese Land Registry: ON THE SPOT HOUSEOBJECT

• Traditionally, buying a house can be complex and involve up to 17 operations / dislocations.

• With on the spot house all the necessary procedures are carried out in Register Offices:

1. Obtaining documents necessary to the business conclusion;

2. Payment of taxes (Municipal Transfer Tax and stamp duty);

3. Contract conclusion; 4. Carrying out necessary registries (e.g. Purchase

and sale and mortgage);5. Additional Requests: (Change of tax address,

obtaining the plans, payment remission of the Municipal Property Tax (IMI) and the Statement for the registry or update of the property in the land registry).

Portuguese Land Registry: ON THE SPOT HOUSEPROCEDURES

Until 30th September 2009

60.368procedures have been performed through the

“On the Spot House”.

This service is now available in 297 register offices or other register service points all over Portugal.

Portuguese Land Registry: ON THE SPOT HOUSESTATISTICS

A simpler and faster procedure …A simpler and faster procedure …• A single counter• Based on applications which enable electronic

communication between register offices, tax revenue offices, banks and municipalities

• Elimination of acts and formalities

A safer procedure …A safer procedure …• The procedure’s control is no longer dispersed across

several entities• The property’s legal status is accurately known when

performing the act• The registry is carried out immediately

Portuguese Land Registry: ON THE SPOT HOUSEBENEFITS

A cheaper procedure …A cheaper procedure …Direct Costs :Purchase and sale with mortgage (e.g.: with

financing):• Traditional method (average price): around

950€ + Taxes• On the Spot House: 600€ + Taxes and

400€ + Taxes, with house savings account.

Indirect Costs :Elimination of dislocations, swifter and without

the payment of dispensable formalities

Portuguese Land Registry: ON THE SPOT HOUSEBENEFITS

• Citizens and companies can now do business pertaining residential property, with bank financing, without going to registry services.

• The “On the Spot House at your Bank” service doesn’t have any additional costs.

Portuguese Land Registry: ON THE SPOT HOUSEON THE SPOT HOUSE AT YOUR BANK

• This service is already available in real estate offices, through an agreement between the IRN, IP and the Association of Promoters and Property Agents.

• This service is provided by registrars and officials who practice acts in the offices of estate agents to obtain the

• This service also doesn’t have any additional costs.

ON THE SPOT HOUSE AT YOUR REAL ESTATE AGENT

The “On the Spot House” has been awarded with a Good Practice Label in the framework of the European eGovernment Awards 2009 in the category «eGovernment empowering citizens».

INTERNATIONAL RECOGNITION

Thanks for your attention

filomena.s.rosa@irn.mj.pt

Instituto dos Registos e do Notariado, I.P. (PORTUGAL)

Outubro de 2009