ABCs of the Land Registry Regime

The Land Registry Regime arises from an undeniable need to understand our territory. Although Portugal is a relatively small country, the exact geometry and ownership of many properties remain unknown, which, of course, hinders the proper administration of our land.

Thus, the Land Registry ensures the geographical, geometric, and administrative characterization of properties: geographical in the sense that it identifies the exact location coordinates, geometric by specifying the area and configuration of the property, and administrative by identifying the district, municipality, and parish where it is located.

In this way, it is believed that adequate planning and land management measures can be developed to address the risks and needs of the population.

Having understood the rationale behind this regime, it is important to examine how it operates. The Legal Regime of the Land Registry introduces a series of concepts, new terms, and procedures that have caused doubts and concerns among its interpreters, which this article aims to demystify and systematize.

Is the Land Registry Regime in effect in my municipality?
It depends. As expected, the most basic answer is not straightforward.

Currently, Portugal has two mechanisms for property identification: the Land Registry Regime (the subject of this article) and the Simplified Land Registry Regime – also known as BUPI.

In general, we see that the Land Registry Regime was chosen by most municipalities located south of the Tagus River, whereas municipalities in the north have mostly opted for BUPI.

Whether a particular municipality is included in the Land Registry Regime must therefore be assessed on a case-by-case basis through consultation.

What document is issued as a result of property registration?
A registration process is usually associated with a document. Properties recorded in the Land Registry Office receive a Property Registration Certificate, while those listed in the tax matrix obtain a Tax Registration Certificate. Similarly, properties registered in the land registry must have a document that certifies and expands on this registration. But what is this document?

Registered properties are listed in what is known as the cadastral map. All registered properties included in the cadastral map have a cadastral record, which identifies and locates the property.

As a property owner, do I have any obligations related to the Land Registry?
The registry is managed by the General Directorate of Territory (DGT); however, it requires the active involvement of several stakeholders, including property owners.

Property owners, in particular, are responsible for:

Cooperating in cadastral execution operations to collect the necessary data for property characterization;
Informing authorities of any changes to their property resulting from any legal act or transaction, such as those arising from land consolidation, division, or subdivision operations;
Performing the necessary actions to harmonize cadastral, tax, and registry information.
The Land Registry Regime introduces a series of new procedures—what are they and what do they involve?
In general, our actions and behaviors are associated with specific terms. The act of moving from one place to another is called “walking,” the act of consuming a beverage is called “drinking,” and the act of producing musical sounds with one's voice is called “singing.” This is how we organize ourselves—through definitions and designations. There is no need to fear the terminology introduced by this regime; it is simply a matter of habit, and these terms will soon become as familiar as the ones mentioned above.

The Land Registry Regime comprises several procedures, including:

Land Registry Execution – This refers to the necessary work to collect and process data that characterize properties, such as surveying property boundaries.

The cadastral execution process begins with the initiation of procedures through the Balcão Único do Prédio (Single Property Desk) by a qualified technician.

It is necessary to identify the confident owners and submit a neighbor declaration concerning the verified characterization of the property. If this declaration cannot be obtained, the property characterization will be subject to public consultation for 60 days, after which, if no objections are raised, the property will be included in the Cadastral Map.
Integration into the Cadastral Map – This refers to the process of submitting information related to the characterization of the property.
Land Registry Maintenance – This concerns the process of modifying, updating, or correcting data that characterize previously registered properties. These updates must be made within 60 days of the event that prompted the change. The procedure is carried out similarly to cadastral integration.

In summary, the Land Registry Regime serves as a valuable tool for the efficient and accurate administration of national territory. Although it may initially seem complex, unfamiliar, and raise some doubts, these difficulties should not overshadow its significance or compromise its mission—to optimize the knowledge and management of properties in Portugal.

The active participation of the entire community, especially property owners, is crucial to ensuring the accuracy and reliability of cadastral information, thereby guaranteeing greater legal security and improved land planning.

We hope this article has provided a clear and enlightening overview of the topic, sparking your interest and encouraging reflection on this regime.

This article is general in nature and should not be interpreted as legal advice for a specific case. The application of this information to a given situation will always depend on a careful and thorough legal analysis of all relevant circumstances.