Commercial practices and consumer rights. Property sector (mortgages)

The Land, Business and Moveable Property Registries

• These are public institutions,
• Run by registrars who are civil servants and legal professionals.
• They check the legality of contracts submitted for registration at their offices and also ensure that the persons who are parties to those contracts have the necessary legal capacity, in order to protect consumers in the property and commercial sectors.

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Consumer rights in relation to the Land, Business and Moveable Property Registers

The rights of citizens with respect to involvement in registry procedures:

• To obtain assistance during opening hours. Opening hours can be consulted on the notice board at the registry office.
• To request that the instrument or document submitted to the registry be issued within the legally prescribed time limits. The time limit for the registrar will be 15 working days for checking the legality of the document and registering the relevant information, thereby finalising the legal transaction between the parties and vis-à-vis third parties. It will not be possible to complete the formalities within those time limits if the document contains a defect.
  • Written notification is given of the issuing, classification and registration of documents. That notification, called a dispatch note, provides information on information proving that registration has been completed. In the case of moveable property, the time limit for classification is 8 working days.
• Legal complaint procedures in the event of negative classification of the instrument or contract submitted for registration:
  • Where a negative classification prevents the registration, recording or cancellation of a document, the person concerned may request that another registrar classify the instrument submitted.
  • Similarly, it is possible lodging an administrative appeal against classification to the Directorate General for Legal Certainty and Certification within one month.
  • Or bringing legal proceedings before the appropriate civil court.
• If a contract has been registered without a consumer’s consent, they may have recourse to the courts as the courts are the custodians of information in public registers.
• Making any complaints, claims or suggestions concerning the services provided, either by the Land and Property Registries or by the centralised services of the Association of Registrars.
  • The complaint procedure is not to be used for raising issues relating to classification and registration, or issues relating to public fees or charges, for which there are specific rules.
  • Complaints or suggestions may be submitted to any Registry Office, the Association of Registrars and its territorial and regional bodies in person or by post, email or fax.
  • All registry offices, the Association of Registrars and its territorial and regional bodies have complaint and suggestion forms available to the public.

• Property registrars may not register contracts or legal transactions seeking to include clauses that have been declared null and void by a judgment entered in the Register of General Contract Conditions.
• Accessible online and free of charge, the Register of General Contract Conditions provides:
  • Information on contractual terms regarded as standard contract terms. Those standard contract terms are drawn up by one of the parties to the contract and are generally incorporated into a particular type of contract. The law requires lenders to lodge standard mortgage agreements before they are marketed.
  • Information on final court judgments declaring certain contractual terms and clauses null and void.

• Concerning payments or fees:
  • The interested parties are entitled to request a clarification or explanation of the fees they must pay for the service provided by the registry.
  • The fees of registrars are determined by a public tariff schedule or rate and these can be consulted at registry offices. The fees are displayed on the notice board at the registry.
  • If the persons concerned are not satisfied with the information provided or the fee charged, they may lodge an appeal within 15 working days of notification or issue. The time limits and procedure are indicated at the bottom of the invoice.

Finally, in order to facilitate the understanding of the registry institution, there are easy access guides to the land, commercial and movable property registries for the general public.

The Consumer Protection Registry Service assumes responsibility for acting as the PAE (Entrepreneur Service Point) of the Association of Registrars, in providing advice and services to entrepreneurs for the preparation, administrative processing and start-up of their business plans, as well as during the initial stages of their business activities.

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