Presentation of applications

1. LR territorial organisation. In your LR system, applications of registrations or documents for registration must be presented, lodged or taken to:

Units or Land Offices in which LR organisation is divided into.

For the moment the Finnish LR system is territorially organised even if all the offices belong under the rule of the National Land Survey of Finland. Documents for registration must be presented, lodged or taken to Land Surveying Offices in which LR organisation is divided into. If needed under formal and strict conditions, documents might be presented in not territorially competent Land Registry. In practice this happens sometimes.

However, the situation will be changed so that from the beginning of year 2014 alternative c) will be applied, i.e. “any of the LR offices of the state”.

 2. Please, indicate those means whereby one can present applications or documents in your LR Offices and point the main features.

In person, by other electronic proceedings, fax and by mail.

In LR offices you can present your document (application) in person or by means of a representative or send it by mail. Also electronic application may be used but in practice it is not commonly used because annexed with an application for title registration the deed of sale document shall be attached in original and in the application for mortgage the signature of the applicant shall be written using a secured signature form.

We accept also fax, but it is not any more widely used and using fax you meet the same problems presenting the sale document in original.

During next year we will implement a new electronic system for real estate conveyancing and mortgaging. Then professionals as well as citizens are entitled to present documents by electronic means in the Land Registries. In fact they will use the system by themselves.

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?

A reservation of priority.

According to the Code of Real Estate (Chapter 6, Section 3) a registration becomes pending when the application has been presented or delivered to the competent register authority. According to section 9 a registration decision shall be made without delay and in accordance with the application, unless there is a barrier to do so. Before decision making the registrar has to scrutinize the essential prerequisites for registration which are written in the law.

4. In case of presentation based on temporary or provisional entries, please point specifically deadlines of them and also main features.

See previous answer.

5. Is the payment of taxes a necessary condition or prerequisite for making the registration?

For title registration a transfer tax (4 % of the purchase price) shall be paid before registration but otherwise there are no taxes to be paid. The registration fee (30-104 euros) will be collected afterwards.

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.

In Finland we have differen t possibilities to digitally submit documents to the land registry:

• Through Property Transaction Service (PTS). With th is service you can draft and sign agreements concerning transfers of proper ties and rights of tenancy and handle mortgage matters (i.e. apply for mortgages and transfers of electronic mortgage deeds).The service requires strong authentication.
• Via public purchase witness
• Via e-mail (if original documents are needed the subm ission via e-mail is not possible; original documents are needed e. when the registration of title concerns an acquisition in which the acquisition document does not have to be attested by a public purchase witness (e.g. distribution of a decedent’s estate or matrimonial assets or a testament)

• Which form of submission is used more frequently – digital or non-digital? If possible, could you please provide an indication in percentages?
  
  More than 50% of the form of submissions are digital.

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?

lf document will be submitted through PTS, digital signatures are made inside the system.

I f docu ment com es from public purchase witness, the document has the status of an original document.

Documents submitted vía e-mail are accepted also, if the document is not required as original and with original signature.

But in the matters concernin g inheritance: have to submit the original document with original signatures (the will etc see above)

8. Is it still possible to submit paper documents to the land registry?

Yes, there is.

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)?

In PTS the services are designed to be cheaper. For example in property transaction
• using PTS price is 170 € including also the fee for registration of the title
• using paper document and public purchase witness price is 120 € and then must also pay the fee for registration of the title 119 €.