1. «Portuguese Land Registry: New Online Services and On the Spot House»
Instituto dos Registos e do Notariado, I.P. (PORTUGAL)
Filomena Rosa, Registrar
Outubro de 2009

2. 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.

3. 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.

4. 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.

5. 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.

6. Portuguese Land Registry: NEW ONLINE SERVICES

7. Portuguese Land Registry: NEW ONLINE SERVICES
Since 1st January 2009 the following services, among others, are available at :
Permanent Certificate;
Deposit of authenticated private documents;
Request registry acts via internet.

8. Portuguese Land Registry: NEW ONLINE SERVICES DEPOSIT OF AUTHENTICATED PRIVATE DOCUMENTS

9. Portuguese Land Registry: NEW ONLINE SERVICES DEPOSIT OF AUTHENTICATED PRIVATE DOCUMENTS
The 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 validity of the private document pends on the deposit
The deposit must be carried out in the private document’s certification date, by the entity responsible for the authentication

10. Portuguese Land Registry: NEW ONLINE SERVICES DEPOSIT OF AUTHENTICATED PRIVATE DOCUMENTS
With the electronic deposit legal security hasn’t diminished since the authenticated private documents are only valid when holding the authentication sign and electronically deposited at
The creation of archives in the entities responsible for the authentication is expected, for the originals of the documents deposited

11. Portuguese Land Registry: NEW ONLINE SERVICES DEPOSIT OF AUTHENTICATED PRIVATE DOCUMENTS
With the electronic deposit legal security hasn’t diminished since the authenticated private documents are only valid when holding the authentication sign and electronically deposited at
The creation of archives in the entities responsible for the authentication is expected, for the originals of the documents deposited

12. Portuguese Land Registry: NEW ONLINE SERVICES DEPOSIT OF AUTHENTICATED PRIVATE DOCUMENTS
STATISTICS
Until September authenticated private documents were deposited online.

13. Portuguese Land Registry: NEW ONLINE SERVICES PERMANENT CERTIFICATE

14. Portuguese Land Registry: NEW ONLINE SERVICES PERMANENT CERTIFICATE
Access online, updated and in real time:
Information pertaining registries in force;
Mention of presentations pertaining pending registry requests.

15. Portuguese Land Registry: NEW ONLINE SERVICES PERMANENT CERTIFICATE
Legitimacy
Anymone can request a certificate, under the terms of the Portuguese Land Registry Code
Deadline
The Permanent Certificate must become available up to 48 hours upon payment

16. Portuguese Land Registry: NEW ONLINE SERVICES PERMANENT CERTIFICATE
Costs
Subscribing or renewing a permanent certificate has single fees
a) € 6,00 (when requested online);
b) € 15,00 (when requested at a service counter).

17. Portuguese Land Registry: NEW ONLINE SERVICES PERMANENT CERTIFICATE
You may request and consult the permanent certificate at:
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.

18. Portuguese Land Registry: NEW ONLINE SERVICES PERMANENT CERTIFICATE
STATISTICS
Until September permanent certificates were made available.

19. Portuguese Land Registry: NEW ONLINE SERVICES ONLINE REGISTRY REQUEST

20. Lawyers, Solicitors e Notaries holding a digital certificate.
Portuguese Land Registry: NEW ONLINE SERVICES ONLINE REGISTRY REQUEST
Access this service at with a digital certificate, already available to:
Lawyers, Solicitors e Notaries holding a digital certificate.
Citizens with the citizen card

21. Or indice the document to be informally consulted in a public database
Portuguese Land Registry: NEW ONLINE SERVICES ONLINE REGISTRY REQUEST
Requesting a registry has been dematerialised by filling in an electronic form.
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

22. Portuguese Land Registry: NEW ONLINE SERVICES ONLINE REGISTRY REQUEST
Specifications
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
Emolument reduction of 20% for some acts
Payment with debit and credit cards
Refunds by bank transfer

23. Portuguese Land Registry: NEW ONLINE SERVICES ONLINE REGISTRY REQUEST
STATISTICS
Until September online registries were requested.

24. Portuguese Land Registry: ON THE SPOT HOUSE

25. This service became available on 24th July 2007.
Portuguese Land Registry: ON THE SPOT HOUSE AN ON THE STOP SHOP /SINGLE WINDOW SERVICE
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.

26. Portuguese Land Registry: ON THE SPOT HOUSE OBJECT
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.

27. Portuguese Land Registry: ON THE SPOT HOUSE PROCEDURES
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:
Obtaining documents necessary to the business conclusion;
Payment of taxes (Municipal Transfer Tax and stamp duty);
Contract conclusion;
Carrying out necessary registries (e.g. Purchase and sale and mortgage);
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).

28. Portuguese Land Registry: ON THE SPOT HOUSE STATISTICS
Until 30th September 2009
60.368
procedures 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.

29. Portuguese Land Registry: ON THE SPOT HOUSE BENEFITS
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 …
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

30. Portuguese Land Registry: ON THE SPOT HOUSE BENEFITS
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

31. Portuguese Land Registry: ON THE SPOT HOUSE ON THE SPOT HOUSE AT YOUR BANK
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.

32. This service also doesn’t have any additional costs.
Portuguese Land Registry: ON THE SPOT HOUSE ON THE SPOT HOUSE AT YOUR REAL ESTATE AGENT
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.

33. Portuguese Land Registry: ON THE SPOT HOUSE INTERNATIONAL RECOGNITION
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».

34. Thanks for your attention filomena.s.rosa@irn.mj.pt
Instituto dos Registos e do Notariado, I.P. (PORTUGAL)
Outubro de 2009